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Wisconsin statutory penalties for Marijuana/THC violations range from a $1,000 fine, 6 months in prison or both for a first offense marijuana possession charge to a $50,000 fine, 15 years in prison or both for manufacturing or distributing marijuana. Exact penalties also depend on the amount and exact situation.
Possession of marijuana of THC can be charged as a civil forfeiture violation or a criminal charge. Penalties for possession of marijuana can range from a fine of at least $500 and up to $10,000, or jail time from 6 months to 6 years in prison or more. You may also face a driver’s license revocation between 6 months and 5 years. How a possession of marijuana case is charged is determined by:
- The amount of drugs found,
- The prior record of the defendant,
- And whether the defendant is determined to have the intent to distribute the drugs.
In addition to incarceration and monetary penalties, a conviction for possession of THC or marijuana can cause you to lose financial aid for school through the government, or through private loans.
Under Wisconsin law, to prove a charge of possession of marijuana the State must prove that the defendant knowingly possessed a substance and that substance was THC. Possession of marijuana can be charged for any form of marijuana including marijuana bud, joints, edibles, wax, or vape cartridges.
Whether you are facing a non-criminal civil ticket for possession of marijuana or felony possession of marijuana will depend on your prior record and the amount of THC you are found with. If you have never been charged for possession of THC before, the police may use their discretion to issue you a civil forfeiture ticket. However, even if it is your first offense, the police can choose to charge you with a criminal misdemeanor for possession of THC.
Your misdemeanor possession of THC charge can become a felony offense if you have a prior conviction for any drug-related offense. The State can add a Second or Subsequent Offense modifier to your possession of THC charge which makes your misdemeanor possession of marijuana charge a Class I felony. A Class I felony carries a potential maximum sentence of three and a half years in prison and up to a $10,000 fine. You do not need to have a prior possession of THC conviction to be charged with second or subsequent possession of THC. Any prior drug conviction can be the basis for a second or subsequent offense charge modifier.
Possession of THC can be charged as Possession with Intent to Distribute or Deliver THC if the State believes they can prove that you possessed marijuana with the intent to sell or deliver the marijuana to another person. Possession with intent to deliver THC is charged as a felony offense carrying potential prison time, fines, probation, and other penalties. The amount of possible prison time and other penalties is determined by the number of drugs in your possession. The State will charge possession with intent to deliver THC in situations where the defendant has a large quantity of drugs and is found with other items typically used in the sale of marijuana such as a scale, plastic bags, and large amounts of cash.
Possession with intent to deliver marijuana has different penalties in Milwaukee determined by the number of drugs found.
- 200 grams or less of THC is a Class I felony and can be punished by up to three and a half years in prison, a $10,000 fine or both.
- More than 200 grams but less than 1,000 grams is a Class H felony carrying up to six years in prison and a $10,000 fine.
- It is a Class G felony to possess with the intent to deliver more than 1,000 grams up to 2,500 grams of THC. It carries a maximum penalty of 10 years in prison and a fine of up to $25,000 or both.
- More than 2, 500 grams to 10,000 grams is a Class F felony that can be punished by up to twelve and a half years in prison and a $25,000 fine or both.
- More than 10,000 grams is a Class E felony that carries a maximum penalty of 15 years in prison and a $50,000 fine.
Marijuana Milwaukee
Marijuana charges in Milwaukee can be a minefield. While other states are loosening their marijuana laws or even legalizing it, Wisconsin's penalties can still be severe. Marijuana charges in Wisconsin can depend on the amount you possess and the circumstances of your arrest. If you get convicted of possession of marijuana, any future offense can even be a felony. If you’ve been charged with drug possession or drug paraphernalia, you need a Milwaukee criminal defense attorney -- an experienced drug defense attorney
Marijuana charges are fairly common, but many people don’t realize they are still criminal in Wisconsin. If you were pulled over, busted at a party or involved in a house raid, you could face a prison term or a permanent black mark on your record.
Milwaukee Drug Possession Attorney Gets Marijuana Charges Dropped or Reduced
Don’t take any chances. Criminal defense attorney Tom Grieve is the drug possession lawyer Milwaukee and surrounding areas trust to get drug charges dropped or reduced. Whatever marijuana charges you’re facing, experienced criminal defense attorney Tom Grieve strategically negotiates your case for the very best outcome possible or will take it to trial to help you avoid jail time, hefty fines, probation, and often a criminal record.
Milwaukee Drug Lawyer Helps You Overcome Felony and Misdemeanor Marijuana Charges
If this isn’t your first drug charge offense or you aren’t eligible for conditional probation, you may be facing even more jail time! Everything changes if you are charged with marijuana possession with intent to deliver or manufacture. Now it definitely does matter how much marijuana you had. You need experienced Milwaukee drug attorney, Tom Grieve.
If you are charged with possession of drug paraphernalia (like a pipe or bong for personal use), you can face 30 days in jail and a $500 fine, not to mention serious damage to your reputation and loss of job.
Whether you have been charged with a DUI or drug possession in Milwaukee, turn to Grieve Law LLC. As a criminal defense law firm in the Milwaukee area experienced in drunk driving and drug offenses, we'll fight to get the charges reduced or dropped entirely.
Contact the best drug possession lawyer in Milwaukee and surrounding areas today for a FREE legal consultation.
How long does possession of THC stay on my record?
Possession of THC is a criminal conviction that you will have on your record for the rest of your life. In some circumstances, the court may grant you the opportunity to have the charge expunged from your record if you successfully complete your sentence. However, expungement does not remove the conviction from your record. Rather, it removes the conviction from public view. You may still be required to report a conviction for possession of THC on employment applications or other professional license applications.
Non-criminal citations for possession of THC will remain on your record permanently in Milwaukee. Current Wisconsin law does not allow for citations to be expunged from your record.
How to beat a possession of THC charge
Challenging a possession of THC charge often revolves around evaluating the discovery of the drugs by the police. Commonly, possession of THC is charged following the search of a vehicle after a traffic stop. Our experienced Milwaukee attorneys will review the evidence in your case to determine if the stop of your vehicle was legal, if the police legally seized your person, and legally searched your car. If they did not, any drugs that were found can be ruled inadmissible against you. In addition to challenges to the search of your person in your vehicle, there may be challenges to statements you made if your Miranda rights were violated.
Possession of THC can sometimes be charged following the work of a confidential informant. If your case was charged because you were turned in by a confidential informant, our attorneys can review the procedures followed by the police to determine if they legally obtained the evidence they intend to use against you. Entrapment defenses are rarely successful in these types of cases, however, it is something that our skilled Milwaukee attorneys will review to determine if this defense is available to you.
