2nd Offense Possession of Marijuana Unexpected Pitfalls & Penalties in Wisconsin

Now You’re Facing a Felony, not a Misdemeanor

Wisconsin 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

The Wisconsin possession laws outlined in Chapter 961 refer not only to drug possession but also to possession of drug paraphernalia. In practice, this means if you get convicted of 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. If you're unsure of which misdemeanor/felony class your charges fall under, contact us today or learn more about Class U misdemeanors in Wisconsin.

You Are Only Guilty If You Are Convicted

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. We handle all areas of criminal law, including DWI charges and possession of a firearm. Learn more about the OWI penalties in Wisconsin.

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