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The Unexpected Pitfalls of 2nd Offense Possession of Marijuana

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Now You’re Facing a Felony, not a Misdemeanor

2nd Offense Possession of MarijuanaWisconsin Statutes §961.41(3g)(e) outlines the misdemeanor offense of possession of THC.  The Statute indicates a second or subsequent offense is a Class I felony, jumping potential maximum penalties from 6 months in jail and a $1,000 fine up to a 3.5 year prison sentence and a $10,000 fine.  Additionally, a second offense felony conviction means you lose your right to vote until your sentence is completed. You also lose your ability to possess a firearm.

The First Offense Didn’t Have to Be Related to Marijuana

A marijuana possessions offense is considered a second and subsequent offense if there is a prior conviction of any misdemeanor or felony under chapter 961 or any drug offense from another state. This does not mean both offenses must be for the same substance or of the same nature. A conviction for a different controlled substance will trigger the second and subsequent language in the statute, which makes the new offense a felony. ANY previous conviction under chapter 961 will make a subsequent charge a felony—even if the first conviction was only for possession of drug paraphernalia.

Drug Paraphernalia Counts

Chapter 961 refers to not only drug possession but also possession of drug paraphernalia. In practice, this means if you get convicted of a misdemeanor possession of drug paraphernalia, the conviction equates to your first conviction even though it is not a possession of a controlled substance conviction. Any subsequent possession of a controlled substance charge may be charged at the felony level, with discretion for charging left up to the District Attorney.

You Are Only Guilty If You Are Convicted

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Milwaukee Marijuana Defense Attorneys Get You the Best Possible Outcome

Our team of former-prosecutors has years of experience getting charges (and penalties) reduced or dropped to get our clients the best results possible for their cases. Whether you’re facing a first offense misdemeanor marijuana charge or a felony repeat offense drug charge, schedule a free consultation to discuss your options.

Charged with second or subsequent possession of marijuana? Contact our drug defense attorneys for a free case assessment.

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By: Attorney Tom Grieve on 03/06/2020

Tom Grieve is a former prosecutor who now runs a successful Wisconsin criminal defense law firm with offices in Milwaukee, Waukesha and Madison. If are facing new charges initial phone consultations are free: contact online or call 262-786-7100.

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