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Wisconsin’s Marijuana Laws: What You Need to Know


While the medical use of marijuana is allowed in Wisconsin, all other aspects of marijuana use are considered to be illegal, which is why it's important that you understand the Wisconsin laws for selling or being in possession of this drug.


The penalties associated with these charges differ depending on how many times you've previously been charged with the sale or possession of marijuana. At The Law Offices of Jason D. Baltz, we aim to provide quality and aggressive representation to individuals charged with these crimes and keep them informed of their rights moving forward.

Basic Marijuana Laws in Wisconsin

In Wisconsin, it's considered illegal to sell, possess, or manufacture marijuana. While it's possible for you to be charged with a misdemeanor, repeat offenses are usually classified as felonies. While the medicinal use of marijuana is legal in Wisconsin, the laws are very strict in this regard.


For instance, any users of medical marijuana are only allowed to use cannabidiol in a specific form that doesn't have a psychoactive effect. It may only be used for the treatment of seizures.

Types of Charges You Could Face

There are three basic types of charges that you could face when it comes to marijuana, which include the sale, possession, and manufacture charges. While the possession of marijuana can lead to you being charged with either a misdemeanor or felony, the manufacture or sale of marijuana almost always constitutes a felony.


For possession of marijuana in Wisconsin, the penalties amount to as much as six months in jail and fines of up to $1,000. Any subsequent offense results in a Class I felony, which results in up to 3.5 years in jail and $10,000 in fines.


The penalties associated with the delivery or sale of marijuana depend on the amount that you sell/sold or attempted to sell. While the amount of marijuana doesn't make a difference for a possession charge, it can make a significant difference with a sale charge. At 200 grams or less, you'll be charged with a Class I felony, which comes with the same penalties as mentioned previously.


There are four additional felonies that you could be charged with when selling marijuana, the most severe of which involves the sale or delivery of more than 10,000 grams of marijuana. At this amount, you'll be charged with a Class E felony, which carries with it jail time of up to 15 years and fines of up to $50,000. Subsequent offenses double the penalties that you'll face.


The manufacture or cultivation of marijuana comes with the same types of penalties as selling marijuana. When you cultivate four plants or less, you'll be charged with a Class I felony. The manufacture of more than 200 plants will cause you to be charged with a Class E felony. As with the sale of marijuana, the penalties that you can be charged with will double for any additional offenses.

Possible Defenses

When you request the services of our criminal defense lawyer here at The Law Offices of Jason D. Baltz, we'll help you build a strong case, which typically relies on the defense tactics that we use. While the primary defense that we employ for your case depends on the details surrounding the case, there are some tactics we can use to help you walk away with a favorable outcome.


For instance, we may be able to assert that you were the victim of an unlawful search and seizure. If your vehicle was stopped and the trunk pried open to find the drugs, this would be an example of an unlawful search and seizure as long as you didn't give the officer permission to open your trunk. The illegal drugs must have been in plain view within your vehicle in order for the drugs to actually be used as evidence in your case.


You might also be able to say that the drugs belonged to someone else if another individual was in the vehicle with you. If you were taking marijuana as a medication for seizures, your attorney may be able to use your medical condition as a defense.


Whatever the details of your arrest or charge you are facing, our aggressive criminal defense attorney will work hard on your behalf so you don’t have to go through this process alone.


If you've recently been arrested for dealing marijuana or having possession of the drug, our criminal defense attorney at The Law Offices of Jason D. Baltz can help you build a strong defense. Call us today at (414) 375-0797 to schedule your free consultation.

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