If someone in Wisconsin is charged with possession of marijuana and has a previous conviction anywhere in the United States relating to controlled substances of any type, the potential penalties increase significantly. The charge can be issued as a Class I felony with penalties of up to 3.5 years in prison and $10,000 in fines.

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Repeat Possession of THC or Marijuana in Wisconsin

Unlike some other states, possession of marijuana or tetrahydrocannabinols (THC) remains against the law in Wisconsin. Conviction for possession of marijuana or THC as a second or subsequent offense is a felony offense and can result in a prison sentence and significant fines.

Wisconsin’s Laws on THC – 961.41(3g)(e)

If charged with possession of marijuana or THC, the prosecution has the burden of proving that all of the elements of the offense have been met. The prosecution must prove that:

1. The defendant possessed a substance.
   1. To possess means to knowingly have actual physical control of the substance, or that it was in an area under the control of the defendant.
   2. Possession may be shared with another person. As long as the defendant exercises control over the substance, the substance is in the defendant’s possession, even if another person has equal control over the substance.
2. The substance is marijuana, THC, or a controlled substance analog of THC, all of which are illegal under Wisconsin law.
3. The defendant knew or believed that the substance was marijuana, THC, or an analog of THC.

Repeat Possession – From Misdemeanor to Felony

A first offense charge for possession of marijuana is a misdemeanor offense if convicted. The maximum penalties include a fine of up to $1,000, jail time of up to six months, or both.

A second and subsequent offense is a Class I felony with potential fines up to $10,000 and confinement can increase to up to three-and-a-half years in prison. As a felony, conviction will also result in a loss of the right to vote and the right to possess a firearm.

Additionally, any drug conviction in the state of Wisconsin can result in a driver’s license suspension of up to five years under Wis Stat. 961.50 if the judge decides it is necessary.

Penalty Enhancers for Repeat THC Possession

The penalties for a crime can be made worse if there were any enhancers present. Penalty enhancers can include for example, under Wis. Stat. 961.495, if the possession occurs within 1,000 feet of certain places, including a public park, pool, or school. If this happened, the court must impose 100 hours of community service work and order that the community service participation be monitored to ensure compliance.

Lastly, upon conviction for any drug possession charge, the sentencing court must also impose a drug abuse program improvement surcharge if a fine is imposed under Wis. Stat. 961.41(5).

Defending Against Felony Possession Charges

When facing felony charges for possession of marijuana or THC, a skilled and experienced attorney can assist in your defense. If there are multiple people in the area where the marijuana was found, it is possible for a skilled criminal defense attorney to argue that you were not in possession. As it is the state’s burden to prove their case at trial, it is possible a jury could find you not guilty based on the doubt as to your actual possession.

Additionally, everybody, even those suspected of committing crimes, are constitutionally protected from illegal searches and seizures. If law enforcement made contact with you without legal justification, the evidence stemming from that illegal detainment may be suppressed. If drugs are found in your home or vehicle in violation of your Fourth Amendment rights, that evidence may be suppressed and not be admissible at trial. Though you could attempt to make similar arguments on your own, an expert attorney will know when and how to employ the most compelling arguments in your favor.

How Much Weed Is a Felony Charge?

Under Wisconsin law, possession of any amount of marijuana or THC as a second or subsequent offense may be charged as a felony even if it is incredibly small. Possession of significant amounts of marijuana or THC may cause prosecutors to believe that the products are not for personal use, such that you can then be charged with possession with intent to distribute THC. Not only does this enhance the penalties possible for your offense, but, if convicted, it also changes the lens through with the Judge ultimately decides your sentence.

Can a Weed Felony Be Reduced or Dismissed?

Yes, apart from the possibilities mentioned above, an experienced criminal defense attorney can help you to negotiate with the prosecution to possibly reduce or dismiss charges, and if the negotiations fail, can assist in presenting any and all defenses in court.