| Marijuana Laws in Wisonsin | |||
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| POSSESSION | |||
| Any amount (first offense) | misdemeanor | 6 months* | $1,000 |
| Any amount (second or subsequent offense) | felony | 3.5 years | $10,000 |
| *Conditional discharge available. | |||
| MANUFACTURE / DISTRIBUTION / DELIVERY | |||
| Less Than 200 g / 1-4 Plants | felony | 3.5 years | $10,000 |
| 200-1,000 g / 5-20 plants | felony | 6 years | $10,000 |
| 1,000-2,500 g / 21-50 plants | felony | 10 years | $25,000 |
| 2,500-10,000 g / 51-200 plants | felony | 12.5 years | $25,000 |
| 10,000 g or more / 200 plants or more | felony | 15 years | $25,000 |
| MISCELLANEOUS | |||
| Paraphernalia possession | misdemeanor | 30 days | $500 |
| Paraphernalia sale | misdemeanor | 90 days | $1,000 |
| Paraphernalia sale to a minor | misdemeanor | 9 months | $10,000 |
| For convictions of subsequent offenses the penalties double. Any conviction causes driver's license suspension for 6 months - 5 years. |
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| DETAILS | |||
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Possession of marijuana is punishable by six months in jail and/or a fine of $1,000 for the first offense, and for second or subsequent offenses (includes ANY prior controlled substance conviction), 3.5 years in jail and a fine of $10,000. Conditional discharge is available for first offenders. Possession within 1,000 feet of a school, school bus, public park, public pool, youth center or community center adds an additional 100 hours of community service to the sentence for possession. Manufacture / Distribution / Delivery / Possession With Intent of 200 grams or less of marijuana is punishable by 3.5 years in prison and a fine of $10,000. For amounts greater than 200 grams the penalty increases to 6 - 15 years in prison and a fine of $10,000 - $25,000. If a person 17 years of age or over delivers a controlled substance to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment may be increased by 5 years. Sale within 1,000 feet of a school, school bus, public park, public pool, youth center, community center, treatment facility, jail or public housing project adds five years to the maximum possible prison term. Distribution or sale on a public transit vehicle also increases the maximum possible prison sentence by five years. Possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $500. Delivery or possession with intent to distribute is punishable by up to 90 days in jail and a fine up to $1,000, unless the sale or delivery was to a minor, in which case the penalties increase to a possible 9 months in jail and a fine up to $10,000 Upon conviction of a drug offense, the offender's driver's license is suspended for 6 months - 5 years. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold. For more information, see NORML's Drugged Driving (DUID) report. |
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