What You Need to Know About Marijuana Laws in Wisconsin

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Marijuana Laws in Wisconsin

It’s illegal to possess, sell or grow marijuana in Wisconsin. It’s also illegal to possess or sell paraphernalia related to marijuana.

If you’ve been caught with pot, it’s probably a good idea to talk to a Milwaukee drug charge defense lawyer.

Possession of any amount, if it’s your first offense, is a misdemeanor. You could be jailed for up to 6 months and fined up to $1,000. After your first possession offense, it becomes a felony, which carries a potential 3 years and 6 months behind bars and a fine of up to $10,000.

Sale or Delivery of Marijuana in Wisconsin

The sale or delivery of marijuana in Wisconsin, regardless of the amount, is a felony. The more you have, the longer your incarceration could be. (If you have more than 10,000 grams, you could be incarcerated for up to 15 years and fined up to $50,000.)

Growing Marijuana in Wisconsin

It’s a felony to grow marijuana in Wisconsin. Here’s how much prison time you could get, based on the number of plants you’re growing:

  • 4 plants or fewer: 3.5 years incarceration
  • 4 to 20 plants: 6 years incarceration
  • 20 to 50 plants: 10 years incarceration
  • 50 to 200 plants: 12 years, 6 months incarceration
  • More than 200 plants: 15 years incarceration

Marijuana Paraphernalia in Wisconsin

If you’re caught using or possessing paraphernalia, it’s a misdemeanor that could get you 30 days behind bars and a $500 fine. If you sell or distribute paraphernalia, it’s 90 days in jail and a $1,000 fine.

Do You Need to Talk to an Attorney About Marijuana Laws in Wisconsin?

Whether you were caught with a few joints or a significant amount of marijuana, our marijuana defense attorneys may be able to help you.

Call us immediately at 414-383-6700 (Milwaukee) or 262-650-6700 (Waukesha) for a free drug case review. We’ll answer your questions and give you case-specific legal advice now.

Carlos Gamino

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Marijuana Laws in Wisconsin - Carlos Gamino
By Carlos Gamino

Marijuana laws in Wisconsin are slowly evolving. In April of this year, Governor Scott Walker (who opposes recreational and medical use of marijuana) signed Act 4, a bill that made possession of cannabis oil legal for people who have a doctor’s certification. While that doesn’t have much to do with marijuana possession laws in Wisconsin, it is a step forward; the medical use of any form of marijuana was not legal prior to that. 
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