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Some Schedule I drugs include marijuana, heroin, LSD and ecstasy. Misdemeanor charges, if leading to conviction, could lead to 6 months in jail and or a maximum fine of $1,000, while felonies could reach a Class E felony, which has penalty of up to 15 years in prison and/or a maximum fine of $50,000.
Possession of THC
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| Any amount (first offense) | Misdemeanor | 6 months | $1,000 |
| Any amount (subsequent offense) | Felony | 3.5 years | $10,000 |
Possession of Drug Paraphernalia
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| Use or possession with intent to use paraphernalia | Misdemeanor | 30 days | $500 |
| Sale or distribution of paraphernalia | Misdemeanor | 90 days | $1,000 |
| Selling to a minor | Misdemeanor | 9 months | $10,000 |
Intent to Distribute, Sell or Deliver
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| 200 grams of THC or Less (0.44 lbs) | Class I Felony | 3.5 years | $10,000 |
| 200-1000 grams of THC (0.44-2.2 lbs) | Class H Felony | 6 years | $10,000 |
| 1000-2500 grams of THC (2.2-5.5 lbs) | Class G Felony | 10 years | $25,000 |
| 2500-10000 grams of THC (5.5-22 lbs) | Class F Felony | 12.5 years | $25,000 |
| More than 10000 grams of THC (22+ lbs) | Class E Felony | 15 years | $50,000 |
| *Includes possession with intent to distribute and subsequent offense is subject to additional penalties |
Cultivation/Growing Marijuana
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| 4 plants or fewer | Felony | 3.5 years | $10,000 |
| 4-20 plants | Felony | 6 years | $10,000 |
| 20-50 plants | Felony | 10 years | $25,000 |
| 50-200 plants | Felony | 12.5 years | $25,000 |
| More than 200 plants | Felony | 15 years | $50,000 |
| *Subsequent offense is subject to additional penalties |
The penalties for schedule 1 drug possession in Wisconsin are stiff. Getting caught with marijuana or other products containing THC in Madison, Waukesha or Milwaukee, you could face a $1,000 fine or up to six months behind bars. A second marijuana conviction can land you with a $10,000 fine or up to 3 ½ years imprisonment.
Convictions for hallucinogens or amphetamines are even worse. A first conviction can be punishable by a fine up to $5,000 and up to a year in prison. If charges brought against you don't seem to fit into any of the more common classes, learn more about Class U misdemeanors in WI.
Schedule 1 Drug Possession in Wisconsin Leads to Severe Fines & Penalties
According to the DEA, drugs that meet that description include:
- Marijuana
- Heroin
- LSD/Acid
- Ecstasy
- Peyote
- Psilocybin-containing mushrooms
If you are facing a schedule I drug possession charge in Madison, Milwaukee or Waukesha, contact Grieve Law for a consultation today.
In Wisconsin, how long does a Schedule 1 drug charge stay on your record?
Charges involving Schedule I drugs in Wisconsin could lead to a range of penalties if convicted, but avoiding a $50,000 fine or other penalties does not mean you�ll avoid a permanent listing on your record.
