Marijuana Attorney in Madison (Possession, Intent to Distribute, and more severe charges)
Whatever You Call the Stuff, it’s Illegal in Wisconsin
It’s hard to ignore the dramatic increase in Wisconsin-drug related crimes over the past several decades despite growing efforts to legalize marijuana throughout the country. As criminal defense attorneys, we don’t judge, we’re here to give you the defense you deserve.
We’ve got an experienced attorney in our Madison office who is committed to taking on your possession of marijuana case through strategic planning. Any charge for any type of controlled substance in Wisconsin is serious. Turn to our marijuana defense lawyers when you’re in a tough spot.
Legal vs Decriminalized Marijuana in Madison
As of 2015 roughly half of those incarcerated in federal prisons are there because of illegal drugs. Marijuana comprises over a quarter of those offenses. While movies and pop-culture are getting more casual about its use-marijuana is not legal, it’s decriminalized.
The city of Madison and some surrounding municipalities in Dane County have decriminalized marijuana or THC. However, it is still criminal under Wisconsin and federal law. How does that work?
It all comes down to which police municipality you are dealing with and what laws they follow. According to City of Madison Municipal Ordinance 23.20, it is legal to casually possess specified amounts of cannabis or marijuana in private. There are parameters, however, that must be followed.
Don’t forget that under state and federal law, marijuana is still illegal. Even though some municipalities may decriminalize it, it will not stop you from being charged elsewhere in Wisconsin.
Decriminalization across Police Jurisdiction
Different police departments can be subject to different laws, but not always. If you are in Madison and the City of Madison police come to your home and you have an amount of marijuana or THC that follows the ordinance, they will not cite you. Possession of drug paraphernalia, however, is still illegal, so you can get cited for having a pipe or rolling paper. If you have more than the legal amount, they can also charge you in that instance. Additionally, any public use of marijuana will be cited as well.
There are many other police departments that are in Madison, though. For example, the Dane County Sheriff’s Department or State Patrol are police municipalities that patrol Madison as well, but they may not honor the decriminalization of marijuana like the Madison City Police. There are also campus police, and the laws they use may be different as well. Dorms, for example, may not permit marijuana even if it is a personal amount in a private location.
You are only guilty if you are convicted™
A Possession Misdemeanor or a Felony with Intent to Distribute: the Law is Still the Law
The fact that movies, pop-culture and recreational smokers are getting more casual about using marijuana cannot be denied.
What should be denied is the severe penalties for marijuana possession still is in Wisconsin. The prison system might be overcrowded, yet district attorneys are pressured to make high conviction rates.
Regardless of groups like Wisconsin NORML working to reform marijuana laws in the state, their efforts have not had a large impact on Wisconsin drug laws.
Cannabis Possession & Cultivation Charges in Dane County
Your first possession of marijuana charge in Wisconsin is considered a misdemeanor where the maximum penalties are 6 months in jail and a $1000 fine. Your second or third THC possession charge becomes a felony with up to 3.5 years in prison and a $10,000 fine.
If you are charged with selling marijuana, even if it’s 200 grams or less, it is a class I felony with the same fine and jail-time as a charge for second or third marijuana possession.
Growing marijuana is known in Wisconsin as Cultivation, which has the most severe penalties. If you are charged with having 4 to 20 plants is a felony and can land you in prison for 6 years along with a $10,000 fine.
Being caught with 10,000+ grams of marijuana and are being charged with intent to distribute marijuana or with more than 200 plants, this is considered a class E felony and is punishable by 15 years in prison and up to a $50,000 fine. Many times to add penalties these charges will be added with others like maintaining a drug trafficking place.
Even worse your license may be suspended for at least 6 months and potentially as long as 5 years.
Get Charges Reduced for Keeping a Drug House in Madison
Maintaining a drug house in Madison is a misdemeanor, though often possession and intent to distribute are added so the penalties are more severe. Our drug possession attorneys at Grieve Law fight to get your penalties reduced or dropped for all drug charges.
Driving Under the Influence of Marijuana
You can get an OWI/DUI for impaired driving from marijuana. If you’re pulled over with marijuana in your system, you’re facing a fine of $150-300 for first offenses. Repeat offenses can involve higher fines, jail time and a suspended driver’s license.
Madison Law Firm Offers Free Case Assessments for Marijuana Charges
Without retaining a criminal defense attorney, one small marijuana case in Madison could put a permanent damper on you or a family member’s life forever. Your case is unique and you or a loved one could have been in the wrong place at the wrong time.
Whether you’re in Madison, Fitchburg or anywhere in Dane County our Wisconsin Law Firm knows how to offer assistance.