What are Wisconsin’s marijuana possession penalties?

On Behalf of | Apr 21, 2025 | Drug Crimes

Getting caught with marijuana in Wisconsin can lead to serious consequences. While some states have eased their laws, Wisconsin still treats marijuana possession as a crime. Understanding what penalties you might face can help you make informed choices.

First-time possession charges

If you’re caught with any amount of marijuana for the first time, it’s considered a misdemeanor. This charge can result in up to six months in jail and a fine of up to $1,000. Even a small quantity is enough for a charge. The law doesn’t consider your intent—only whether you had it or not.

Repeat offenses carry harsher penalties

If you’re charged a second time, the offense becomes a felony. That means you could face up to 3.5 years in prison and a fine of up to $10,000. The amount doesn’t matter for this charge. A second offense alone is enough to increase the penalties. A felony record can also make things like finding a job or renting a place more difficult.

Possession near certain areas increases penalties

Having marijuana within 1,000 feet of a school, park, or other protected zone can lead to extra penalties. The law allows for additional charges or longer sentences in these situations. Courts consider possession in these areas more serious, even if you only have a small amount.

Possession with intent to deliver

If you’re holding a large quantity of marijuana, authorities may charge you with possession with intent to deliver. This is a more serious offense. The penalties depend on how much you have but often include long prison terms and large fines. Even if you claim it’s for personal use, the amount can work against you.

Understanding these penalties can help you stay aware and avoid serious legal trouble. Marijuana possession still carries legal risks in Wisconsin.

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