The Basics of Wisconsin Marijuana Laws

By Reddin & Singer


Wisconsin has recently seen ongoing marijuana prosecutions despite the move toward legalization nationally. Facing marijuana charges can be just as daunting as those involving any other controlled substances. Depending on the amount of marijuana you were caught with, the charge can be serious and the penalty can be equally harsh. Marijuana charges are criminal in Wisconsin, which means you could be facing prison time depending on the facts of your specific case. At Reddin & Singer, our highly skilled Milwaukee based criminal defense attorneys are extremely knowledgeable when it comes to the ins and outs of marijuana laws. No matter what the facts of your case are, we can help.

Marijuana possession, sale, and manufacture are illegal under Wisconsin law. If you are caught in possession of marijuana, and it is your first offense, it is considered a misdemeanor, with a maximum penalty of up to six months in jail and a $1,000 fine. Subsequent offenses are felonies with much harsher penalties. Sometimes possession of small amounts of marijuana are treated as municipal violations, which are non-criminal and carry only money forfeitures. If you have been arrested for possession of marijuana, you should check with a qualified attorney to determine exactly what your situation is. It can be confusing if you don’t have experience in this area.

It is illegal to sell any amount of marijuana in Wisconsin, which includes possession with the intent to sell. Penalties depend on the amount possessed, cultivated, or sold. The more marijuana you possess with the intent to sell or deliver, the longer the potential prison term and the higher the fine:

  • If you have less than 200 grams, you could face up to 3.5 years in prison and $10,000 in fines.

  • If you are caught with between 200 grams and 1,000 grams, you could face up to six years in prison and $10,000 in fines.

  • If you are in possession of 1,000 grams to 2,500 grams, you could be subject to up to 10 years in prison and $25,000 in fines.

  • Having 2,500 grams to 10,000 grams has harsh penalties of up to 12.5 years in prison and $25,000 in fines.

  • Having an excess of 10,000 grams of marijuana carries the most severe penalty, which is up to 15 years in prison and $25,000 in fines.

Under Wisconsin law, it is illegal to possess or sell drug paraphernalia, which includes any items used to grow, sell, or store marijuana. Typical paraphernalia includes pipes and bongs used to smoke marijuana. Penalties for possession include a fine of up to $500 and up to 30 days in prison. Penalties for selling drug paraphernalia are much more severe, including a $1,000 fine and up to 90 days in jail, or both.

Dealing with the Wisconsin criminal court system can be very daunting. The highly experienced Milwaukee marijuana law attorneys at Reddin & Singer know how these cases work and can help clients understand their legal rights and options. We pride ourselves on making sure our clients’ constitutional rights are protected when they appear in the criminal court system. We understand that the legal process can be very stressful, which is why you can expect the utmost compassion from our entire team. If you are facing charges and are unsure about your next steps, you will be glad to know we offer free, no-obligation consultations to each prospective client. To learn more, contact us online or call us at (414) 271-6400.