Wisconsin Marijuana Laws and Penalties
Milwaukee Drug Charges Attorney Explains Marijuana Laws and Penalties in Wisconsin
Possession of THC, possession of drug paraphernalia, intent to distribute marijuana, growing marijuana, and keeping a drug house are all illegal in Wisconsin and come with harsh consequences. If you've been charged with possession, your need an experienced Milwaukee drug charges attorney. Below you'll find a summary of Wisconsin's marijuana laws and the penalties for a variety of charges.
People Are Only Accused if Charged with a Crime
Possession of THC
Offense |
Penalty |
Incarceration |
Max. Fine |
---|---|---|---|
Possession | |||
Any amount (first offense) | Misdemeanor | 6 months | $1,000 |
Any amount (subsequent offense) | Felony | 3.5 years | $10,000 |
Possession of Drug Paraphernalia
Offense |
Penalty |
Incarceration |
Max. Fine |
---|---|---|---|
Paraphernalia | |||
Use or possession with intent to use paraphernalia | Misdemeanor | 30 days | $500 |
Sale or distribution of paraphernalia | Misdemeanor | 90 days | $1,000 |
Selling to a minor | Misdemeanor | 9 months | $10,000 |
- Any amount of drug paraphernalia – In Wisconsin, the maximum penalty for possession of drug paraphernalia (pipe, bong, needle, etc.) is 30 days in jail and a $500.00 fine.
Possession of Drug Paraphernalia could mean loss of driver’s license for minors, fines and a community service requirement.
Intent to Distribute, Sell or Deliver
Offense |
Penalty |
Incarceration |
Max. Fine |
---|---|---|---|
Sale or Delivery | |||
200 grams of THC or Less (7 lbs) | Class I Felony | 3.5 years | $10,000 |
200-1000 grams of THC (35 lbs) | Class H Felony | 6 years | $10,000 |
1000-2500 grams of THC (90 lbs) | Class G Felony | 10 years | $25,000 |
2500-10000 grams of THC (357 lbs) | Class F Felony | 12.5 years | $25,000 |
More than 10000 grams of THC | Class E Felony | 15 years | $50,000 |
Includes possession with intent to distribute | |||
Subsequent offense is subject to additional penalties |
Cultivation/Growing Marijuana
Offense |
Penalty |
Incarceration |
Max. Fine |
---|---|---|---|
Cultivation | |||
4 plants or fewer | Felony | 3.5 years | $10,000 |
4-20 plants | Felony | 6 years | $10,000 |
20-50 plants | Felony | 10 years | $25,000 |
50-200 plants | Felony | 12.5 years | $25,000 |
More than 200 plants | Felony | 15 years | $50,000 |
Subsequent offense is subject to additional penalties |
You are only a criminal if you are convicted™
Often paired with Marijuana charges is the charge of maintaining a drug trafficking place.
Contact our Milwaukee marijuana possession defense attorney today and request your free legal consultation.

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.