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Schedule I Drug Possession Wisconsin's penalties, fines, & jail time?

Some Schedule I drugs include marijuana, heroin, LSD and ecstasy. Misdemeanor charges, if leading to conviction, could lead to 6 months in jail and or a maximum fine of $1,000, while felonies could reach a Class E felony, which has penalty of up to 15 years in prison and/or a maximum fine of $50,000.

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OWI & Criminal Defense Attorney

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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

Intent to Distribute, Sell or Deliver

Offense

Penalty

Incarceration

Max. Fine

Sale or Delivery
200 grams of THC or Less (0.44 lbs) Class I Felony 3.5 years $10,000
200-1000 grams of THC (0.44-2.2 lbs) Class H Felony 6 years $10,000
1000-2500 grams of THC (2.2-5.5 lbs) Class G Felony 10 years $25,000
2500-10000 grams of THC (5.5-22 lbs) Class F Felony 12.5 years $25,000
More than 10000 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/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

Schedule 1 Drug Possession in Wisconsin: Marijuana & THC


The penalties for schedule 1 drug possession in Wisconsin are stiff. Getting caught with marijuana or other products containing THC in Madison, Waukesha or Milwaukee, you could face a $1,000 fine or up to six months behind bars. A second marijuana conviction can land you with a $10,000 fine or up to 3 ½ years imprisonment.

Convictions for hallucinogens or amphetamines are even worse. A first conviction can be punishable by a fine up to $5,000 and up to a year in prison. If charges brought against you don't seem to fit into any of the more common classes, learn more about Class U misdemeanors in WI.

Schedule 1 Drug Possession in Wisconsin Leads to Severe Fines & Penalties

According to the DEA, drugs that meet that description include:

  • Marijuana
  • Heroin
  • LSD/Acid
  • Ecstasy
  • Peyote
  • Psilocybin-containing mushrooms
If you are facing a schedule I drug possession charge in Madison, Milwaukee or Waukesha, contact Grieve Law for a consultation today.

In Wisconsin, how long does a Schedule 1 drug charge stay on your record?

Charges involving Schedule I drugs in Wisconsin could lead to a range of penalties if convicted, but avoiding a $50,000 fine or other penalties does not mean you�ll avoid a permanent listing on your record.

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