Will I Go to Jail if I Am Convicted of Selling Marijuana in Wisconsin?

 Posted on April 23, 2021 in Criminal Law

The attitude surrounding marijuana and its use in the United States has changed drastically in the past 50 years. In just the past four months, four different states have passed laws decriminalizing cannabis, allowing for the use and possession of marijuana without fear of penalty. Many lawmakers from a couple of other states -- including Wisconsin -- are also hopeful that they can pass similar laws in the coming months. However, for the time being, marijuana is still illegal to possess, sell or grow in Wisconsin. While the severity of possession charges has lessened in some Wisconsin cities recently, the sale of marijuana still remains highly illegal and can result in serious consequences.

Cannabis Possession and Consequences for Selling

In the state of Wisconsin, laws relating to marijuana are relatively strict. Many states across the country have at least legalized the medicinal use of marijuana, but marijuana still remains fully illegal in Wisconsin. Only cannabidiol (CBD) is legal for medicinal use with a doctor’s recommendation.

Possession charges in Wisconsin can technically be charged as misdemeanor crimes for first offenses, but multiple municipal governments across the state, including Waukesha County, have enacted laws allowing law enforcement to simply fine those who possess small amounts of cannabis, rather than arrest them. However, the state of Wisconsin still sees THC, the psychoactive ingredient in cannabis, as a Schedule I drug, or one of the most dangerous substances.

Penalties for the manufacture (growth) or distribution of cannabis in Wisconsin follow a similar structure as in other states. The more cannabis you have sold or have grown, the more severe the penalty is. For example, distributing between zero and 200 grams of cannabis or growing up to four plants could result in a Class I felony charge. Class I felony charges carry penalties of up to three and a half years in prison and up to $10,000 in fines. Charges can range up to a Class E felony for distributing more than 10,000 grams or growing more than 200 plants and carry a potential penalty of up to 15 years in prison and up to $50,000 in fines.

A Waukesha County Drug Crimes Defense Attorney Can Help

If you have been charged with a drug crime in Wisconsin, you need to act right away. Drug crime convictions can sometimes stay on your record permanently, potentially causing future trouble finding employment or securing housing. At Bucher, Wolff & Sonderhouse, LLP, we will make sure you understand all of your options to deal with your drug charges, including diversion programs. To schedule a time to speak with our Waukesha, WI drug crimes defense lawyers, call our office 24 hours a day, 7 days a week at 262-232-6699.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/961/iv/41

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50