Wisconsin’s Marijuana Laws

America’s Dairyland is home to strict marijuana laws.  For this reason, resident of Wisconsin should familiarize themselves with local paraphernalia laws in order to avoid hefty fines and even time behind bars.

Wisconsin Marijuana Attorneys

The following Wisconsin lawyers are actively involved in the practice of cannabis law:

Wisconsin_grievelaw
Wisconsin_aaronanelson

LAW BREAKDOWN

Wisconsin allows the limited, non-intoxicating use of CBD oil. Marijuana is prohibited for any other use. The drug is not decriminalized, so all offenses are treated as crimes and carry the possibility of jail time.

Possession

Possession of any amount of marijuana in Wisconsin is a misdemeanor on a first offense and carries a maximum sentence of six months in jail and $1,000 in fines. On a subsequent offense the charge is a felony, and the maximum penalty is 3.5 years in prison plus $10,000.

Sale or Delivery

It is a felony to sell or deliver any amount of cannabis in Wisconsin. If the amount is 200 grams or less, the maximum penalty is 3.5 years in prison and $10,000 in fines. If the weight is between 200 and 1,000 grams, the maximum is six years in prison and $10,000.

For between 1,000 and 2,500 grams, the top penalty is 10 years in prison and $25,000. For between 2,500 and 10,000 grams, the maximum is 12.5 years in prison and $25,000. And for more than 10,000 grams, penalties max out at 15 years in prison and $50,000 in fines.

Subsequent sale or delivery convictions carry enhanced penalties. Sale and delivery statutes also cover possession with intent to distribute.

Cultivation

Cultivation of up to three plants is treated as misdemeanor possession in Wisconsin. Growing larger amounts of marijuana is a felony.

For offenses involving between four and 20 plants, the top penalty is six years in prison and $10,000 in fines. For between 20 and 50 plants, penalties increase to as many as 10 years in prison and up to $25,000. Cultivation of 50 to 200 plants is punishable by up to 12.5 years in prison and $25,000. And growing more than 200 plants carries a maximum sentence of 15 years in prison and $50,000.

Subsequent cultivation offenses carry enhanced penalties.

Hash and Concentrates

Hashish and other cannabis concentrates are treated the same as regular bud under Wisconsin law. That means the same weight limits and penalties apply.

Paraphernalia

Wisconsin bars all marijuana paraphernalia unless it’s intended, sold, and used exclusively for legal purposes. Paraphernalia includes any items intended for use in the cultivation, processing, manufacture, testing, weighing, analysis, storing or consumption of marijuana.

Possession and use. Use, or possession with intent to use, of drug paraphernalia is a misdemeanor punishable by up to 30 days in jail and $500 in fines.

Sale and distribution. Distribution of paraphernalia or possession with intent to distribute is also a misdemeanor and carries a maximum of 90 days in jail and $1,000.

Sale to a minor. Selling or giving paraphernalia to a minor aged 17 or younger by someone aged 17 or over and at least three years older than the recipient is likewise a misdemeanor. The maximum possible penalty is nine months in jail and $10,000.

MEDICAL MARIJUANA

Wisconsin legalized the medicinal use of CBD oil for the treatment of seizures in 2014, but it still remains difficult for patients to access it.

Qualifying conditions – Seizure disorders

Patient possession limits – Possession of any form of cannabidiol without a psychoactive effect

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity – No

Contact information – N/A

PENALTIES

Wisconsin Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Possession
Any amount (first offense) misdemeanor 6 mos $1,000
Any amount (subsequent offense) felony 3.5 years $10,000
Sale or Delivery
200 g or less felony 3.5 years $10,000
200 - 1000 g felony 6 years $10,000
1000 - 2500 g felony 10 years $25,000
2500 - 10,000 g felony 12.5 years $25,000
More than 10,000 g felony 15 years $50,000
Includes possession with intent to distribute
Subsequent offense is subject to additional penalties
Cultivation
4 - 20 plants felony 6 years $10,000
20 - 50 plants felony 10 years $25,000
50 - 200 plants felony 12.5 years $25,000
More than 200 plants felony 15 years $50,000
Subsequent offense is subject to additional penalties
Hash & Concentrates
Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.
Paraphernalia
Use or possession with intent to use paraphernalia misdemeanor 30 days $500
Distribution or possession with intent to distribute misdemeanor 90 days $1,000
To a minor at least 3 years younger misdemeanor 9 mos $10,000
Civil Asset Forfeiture
All controlled substances and items used to distribute, including vehicles, are subject to forfeiture.
Miscellaneous
Driving privileges may be suspended for 6 mos - 5 years.