Traveling with medical marijuana can lead to legal trouble when you cross state lines. Even if you have a valid medical marijuana card from another state, Wisconsin does not recognize it as permission to possess cannabis. Police may seize your marijuana and file criminal charges under state law.
Does Wisconsin recognize medical marijuana cards from other states?
Wisconsin does not have a comprehensive medical-marijuana program and generally does not recognize out-of-state medical cannabis cards as authorization to possess marijuana. Narrow exceptions may apply to certain CBD products.
A valid medical card from Michigan, Illinois or Minnesota does not, by itself, allow you to possess marijuana in Wisconsin.
If police find cannabis during a traffic stop or search, they may seize it and pursue criminal charges. However, other facts may affect your legal defense, depending on the circumstances of the case.
What penalties could you face for possession?
Wisconsin law prohibits marijuana possession, subject to limited exceptions. A first offense is generally a misdemeanor. It carries a fine of up to $1,000, up to six months in jail or both. A subsequent qualifying offense may lead to a felony charge and more severe penalties.
The outcome depends on your criminal history and the facts of your case. A conviction may also affect your job prospects, housing options and other opportunities.
Can you challenge the charges in court?
You may challenge possession charges based on how police handled your case. For example, a court may review whether officers had legal grounds to stop your vehicle or search your belongings.
The Fourth Amendment protects you from unreasonable searches and seizures. If police violated your rights, you may ask the court to exclude the evidence they found. Prosecutors must also prove the required elements of the offense beyond a reasonable doubt.
Although an out-of-state medical card does not generally authorize marijuana possession in Wisconsin, the facts of the stop and search may affect your defense.
How can you protect your rights?
Before traveling through Wisconsin, check the state’s marijuana laws and avoid carrying cannabis across state lines. If police seize your marijuana or charge you with possession, consider speaking with a Wisconsin criminal defense attorney. An attorney can explain your rights and help you understand your legal options.
