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Possession of marijuana penalties can include fines of at least $500 all the way up to $10,000 with the possibility of jail or prison from 6 months to 6 years or more. Charges are dependent on your prior record, the amount of marijuana you have and the determination of if you are selling it.
Glenn Gaskill
OWI & Criminal Defense Attorney
A possession of THC charge in Ozaukee or Washington County can be issued as low as a non-criminal civil forfeiture or as high as a felony charge with potential prison time. If charged with possession of THC your potential penalties include a fine from $500 up to $10,000, jail time up to 6 months and prison time up to 6 years. The level of your charge is dependent on the amount of THC you are found in possession of, your prior record and if you are believed to be distributing the THC.
For the State to charge you with possession of THC, they are required to prove that you were found in possession of something that had the active ingredient of marijuana; tetrahydrocannabinol (THC). You can face charges of possession of THC for joints, buds, edibles, vape cartridges and wax; anything that has THC in it.
Officers in Ozaukee and Washington County have discretion on a first offense possession of THC scenario to issue a non-criminal forfeiture violation or a criminal misdemeanor charge. Often the quantity of THC found in your possession will be the driving force behind whether you are charged criminally or issued a citation. At a large enough quantity, you may be charged with a felony for possession with intent to distribute.
With a previous drug conviction on your record, your charge can include a second and subsequent charge modifier making your possession charge a felony regardless of the amount you were in possession of.
| Offense | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| First offense (any amount) | Misdemeanor | 6 months | $1,000 |
| Subsequent offense (any amount) | Felony | 3.5 years | $10,000 |
Possession of drug paraphernalia related to THC including rolling papers, plastic bags, bongs/pipes, grinders and modified cans or bottles, can come with its own set of penalties and fines.
There are many factors that may turn a possession of THC charge into a possession of THC with intent to distribute including packaging, paraphernalia found, quantity and amount of money recovered. If you are charged with possession of THC with intent to distribute your penalties will be significantly increased and the level of offense will be dependent on the quantity of THC found.
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 200 grams of THC or Less (0.44 lbs) | Class I Felony | 3.5 years | $10,000 |
| 200-1,000 grams of THC (0.44-2.2 lbs) | Class H Felony | 6 years | $10,000 |
| 1,000-2,500 grams of THC (2.2-5.5 lbs) | Class G Felony | 10 years | $25,000 |
| 2,500-10,000 grams of THC (5.5-22 lbs) | Class F Felony | 12.5 years | $25,000 |
| More than 10,000 grams of THC (22+ lbs) | Class E Felony | 15 years | $50,000 |
| Includes possession with intent to distribute | |||
| Subsequent offense is subject to additional penalties | |||
Cultivation charges can also be added to possession or intent charges.
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 4 plants or less | Class I Felony | 3.5 years | $10,000 |
| 4-20 plants | Class H Felony | 6 years | $10,000 |
| 20-50 plants | Class G Felony | 10 years | $25,000 |
| 50-200 plants | Class F Felony | 12.5 years | $25,000 |
| More than 200 plants | Class E Felony | 15 years | $50,000 |
| Subsequent offense is subject to additional penalties | |||
OWI cases can involve substances other than alcohol. If you're pulled over while under the influence of marijuana, or any drug, you could be facing additional related charges including:
The laws surrounding drugged driving are extremely technical and complex. Now's the time to hire an experienced team of defense attorneys to fight your case.
A conviction for possession of THC will remain on your record permanently. Your conviction may be eligible to be expunged, dependent on the level of charge you were convicted of, however, an expunged charge remains on your record and is merely sealed from public view. CCAP, Wisconsin’s Circuit Court Access Program, is a public database in Wisconsin that keeps track of charges, open cases and criminal convictions. If you are convicted of a possession of THC offense, future employers, landlords and financial aid officers will all have access to your conviction and your arrest record.
Beating a possession of THC in Ozaukee or Washington County often requires your attorney to successfully challenge the police action such as stopping you or searching your vehicle. The officers have legal burdens that they must meet to stop your vehicle and an even higher burden to then search your vehicle. If the officers fail to meet their burden the evidence found following the search can be deemed inadmissible. Without the THC itself, the State will be unable to proceed with its case. Our experienced Ozaukee and Washington County attorneys, made up of former state prosecutors, have the skill required to successfully challenge the police actions and get the evidence in your case thrown out.
Charges for possession of THC, or any other drug, can be issued based on the work of a confidential informant. The use of a confidential informant creates specific procedures that the police are required to follow. If the officers in your case fail to follow those procedures the evidence obtained may be deemed inadmissible. Depending on the circumstances surrounding the use of a confidential informant, you may be able to bring an entrapment defense. Although successfully raising an entrapment defense in Ozaukee or Washington County is rare, our team of attorneys explores every possibility to challenge your case.
