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The penalties you are facing for possession of marijuana are 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. The specific level of charge you are facing is 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
Being charged with possession of marijuana in Racine or Kenosha can be as significant as a felony offense or as minor as a non-criminal ticket. To be charged with possession of marijuana, you must be found in possession of something that tests positive for THC. Possession of marijuana can be charged for bud, joints, wax, vape cartridges or even edibles so long as they contain THC.
On a first offense possession of marijuana, the police may decide to issue you a non-criminal ticket. It is, however, up to them to decide if you should be facing a ticket or a criminal charge. Even on a first offense, you may end up charged criminally in Racine or Kenosha. The larger the amount of marijuana you have the more likely you are to be charged criminally, which may result in felony charges.
If you do have a prior marijuana or other drug offense, you can be charged with a second and subsequent modifier, which no matter the amount, is a felony. A second and subsequent possession of marijuana offense is punishable by up to 3.5 years in prison, or a fine up to $10,000 or both and is a class I felony.
| 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.
Depending on many factors, including amount, packaging, types of paraphernalia, and money that is found, a prosecutor may charge you with possession with intent to deliver marijuana. Those factors also will determine the level of felony you are facing if charged with intent to deliver.
| 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 | |||
Since marijuana is an illegal drug, there are added complications to a marijuana OWI charge. If you are charged with drugged driving, you need an experienced team of drug defense lawyers.
Any marijuana conviction will stay on your record for the rest of your life unless the court grants you conditional expunction upon successfully completing your sentence. Not every marijuana conviction is eligible for expunction and having your conviction expunged does not remove your conviction it simply seals it from the public’s view. As your conviction is not removed, it remains on your record and is just hard to be found by the public.
If you are convicted of a non-criminal marijuana ticket, it will remain on your record for the rest of your life. Non-criminal tickets are not, under the current law, eligible for expunction. The only way to make sure you do not have a marijuana conviction on your record is to avoid the conviction in the first place.
Most often charges for possession of marijuana are issued following a traffic stop where the police searched your vehicle. For the prosecutor to be allowed to use the evidence found, the police must have had a legal reason to stop your vehicle and then an additional lawful reason to search your vehicle. If there is not a legal reason for stopping you or for searching your vehicle the evidence may be thrown out making it very difficult for the prosecutor to prove their case. Our award-winning Racine and Kenosha team of marijuana lawyers will work with you to evaluate your case to determine the best approach to fighting your charges.
You can be charged with possession of marijuana based on a confidential informant. If that is the case, the right lawyer may be able to have the evidence thrown out because proper procedures were not followed by the police. Even though entrapment defenses are rare, our Racine and Kenosha team of marijuana lawyers will leave no stone unturned defending you against your charges.
