Wisconsin: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

Penalty Details
Marijuana is a schedule(I)(4) hallucinogenic substance under the Wisconsin Uniform Controlled Substances Act.

See:

• Wisconsin Stat. § 961.14

Possession
For first offenders possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to 6 months. For subsequent offenses possession of marijuana is a class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years.

See:

• Wisconsin Stat. § 939.50(3)(i)
• Wisconsin Stat. § 961.14(3g)(es)

If found guilty of marijuana possession the court may allow the defendant to enter a drug rehabilitation program, upon successful completion of the program the sentence may be dropped.

See:

• Wisconsin Stat. § 961.475

Sale or Cultivation
Under Wisconsin law possession with the intent to distribute is the same as distribution.

See:

• Wisconsin Stat. § 961.14(1)(h)

Distribution of 200 grams or less of marijuana is a class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years. Distribution of 200-1,000 grams of marijuana or cultivation of 4-20 plants is a class H felony and is punishable by a fine up to $10,000 and/or up to 6 years of imprisonment. Distribution of 1,000-2,500 grams of marijuana or cultivation of 20-50 plants is a class G felony and is punishable by a fine up to $25,000 and/or up to 10 years of imprisonment. Distribution of 2,500-10,000 grams of marijuana or cultivation of 50-200 plants is a class F felony and is punishable by a fine up to $25,000 and/or up to 12.5 years of imprisonment. Distribution of over 10,000 grams of marijuana or cultivation of over 200 plants is a class E felony and is punishable by a fine up to $50,000 and/or up to 15 years of imprisonment.

See:

• Wisconsin Stat. § 961.14(1)(h)
• Wisconsin Stat. § 939.50(3)(e-i)

Subsequent offenders are subject to the following penalties: for a class I felony, up to 7.5 years of imprisonment; for a class H felony, up to 10 years of imprisonment; for a class G felony up to 14 years of imprisonment; for a class F felony, up to 16.5 years of imprisonment; for a class E felony up to 19 years of imprisonment.

See:

• Wisconsin Stat. § 961.48

Hash & Concentrates
Any compound containing THC is a Schedule I drug. While the definition of marijuana does not include hashish or concentrates, the penalties and offenses associated with marijuana are the same for hashish or concentrates. Please see the marijuana penalties section for further details.

See:

• Wisconsin Stat. § 961.14(4)(t)
• Wisconsin Stat. § 961.01(14)

Paraphernalia
It is illegal to use paraphernalia or possess paraphernalia with the intent to use it. Paraphernalia includes any item that will assist in the cultivation, distribution, ingestion, or inhalation of marijuana. This offense is a misdemeanor punishable by a fine of up to $500 or up to 30 days of imprisonment.

See:

• Wisconsin Stat. § 961.573(1)

Distribution of paraphernalia or possession of paraphernalia with the intent to distribute it is a misdemeanor and is punishable by a fine of up to $1,000 and/or 90 days of imprisonment.

See:

• Wisconsin Stat. § 961.574(1)

Distribution of paraphernalia by someone 18 or over to someone 17 or under and at least three years younger than the defendant is a misdemeanor punishable by a fine of up to $10,000 an/or up to 9 months of imprisonment.

See:

• Wisconsin Stat. § 961.575

If the defendant is under 18 years of age distribution or possession of paraphernalia is punishable by suspension of driver's license for .5-5 years and a fine of $50 or community service will be imposed. For a second offense within a 12 month period a $100 fine or community service will be imposed. For third and subsequent offense within a 12 month period a $500 fine or community service will be imposed.

See:

• Wisconsin Sta. § 938.344(2e)

Forfeiture
All controlled substances and items used to distribute them, including vehicles, are subject to forfeiture under Wisconsin law.

See:

• Wisconsin Sta. § 961.55

Miscellaneous
If a person is convicted of any violation the Uniform Controlled Substances Act, the court may, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege for not less than 6 months nor more than 5 years. The person may be able to apply for an occupational license depending on the number of prior convictions.

See:

• Wisconsin Sta. § 961.50

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MEDICAL CBD

Source: NORML: Wisconsin Laws & Penalties