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How Do Wisconsin’s Laws Address Marijuana Possession?

Posted on in Criminal Defense

Milwaukee criminal defense lawyerBy: Attorney Cameron Weitzner and Paralegal Rachel Sweet

In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.

Marijuana Possession in Wisconsin

While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.

Wisconsin law refers to marijuana and products related to this drug as tetrahydrocannabinol because they contain the substance which is commonly referred to as THC. This chemical is just one component of marijuana, and it is what gives users a “high.” Possession of substances containing THC, including marijuana plants, oils, or gummies and other edibles, is illegal, and if a person is convicted of this offense, they may face a fine of up to $1,000 and a prison sentence of up to six months. A second conviction of THC possession after previously being convicted of any drug-related offense is a Class I felony, which can lead to a fine of up to $10,000 and a prison sentence of up to three years and six months.

The potential charges may be increased if a person is accused of possessing marijuana with the intent to deliver or manufacture. This offense generally applies when someone is found in possession of large amounts of the drug or if they possess items used to manufacture or package marijuana products. If a person is in possession of up to 200 grams of products containing THC, they may face Class I felony charges. More serious felony charges will apply for higher amounts.

While THC is illegal in Wisconsin, some marijuana-related products are legal. A person can possess cannabidiol, or CBD, if they have a certification from a licensed doctor stating that the substance can be used to treat a medical condition. It is also legal to grow, harvest, transport, and sell hemp that has a delta-9-THC concentration of 0.3 percent or lower.

Contact Our Milwaukee, WI Drug Possession Defense Attorneys

While Wisconsin still treats marijuana as an illegal drug, those who are facing criminal charges related to this substance have a number of options for defense. At Gimbel, Reilly, Guerin & Brown LLP, we can advise you on the best defense strategy during your case, including determining whether you may be eligible for probation or other forms of pretrial diversion. To get legal help with marijuana-related criminal charges, contact our Milwaukee drug crime defense lawyers at 414-271-1440 and set up a confidential consultation today.

Sources:

https://docs.legis.wisconsin.gov/document/statutes/961.41

https://docs.legis.wisconsin.gov/document/statutes/961.32

https://madison.com/ct/news/local/govt-and-politics/election-matters/wisconsin-democrats-revive-effort-to-legalize-marijuana-on-an-island-of-prohibition/article_51393e9d-a4bd-59a1-b94e-a4ef9266e54e.html


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