As everyone is well aware, the past half-dozen years have seen (what is in my opinion) a refreshingly positive and progressive relaxation in both laws and attitudes toward marijuana on a nation wide scale. There remain, however, a great many jurisdictions where the laws (and enforcement of those laws) remains as rigid and harsh as ever. Sadly, the land of brats, cheese, and the Green Bay Packers remains solidly in that category. Therefore it seems a good time to outline typical enforcement schemes and penalties one might expect to encounter here in the dairy state.
Though some counties, including Dane, have instituted a policy of not charging first-offense possession of a small amount (less than an ounce) criminally, it still can and often does elicit a misdemeanor charge based upon the still-very-much-alive state law. The maximum penalty for first-offense possession of marijuana is 6 months jail and/or a $1,000 fine. For a second or subsequent (lifetime) straight-possession offense one may be charged with a felony carrying a maximum penalty of 3.5 years prison (1.5 years of initial confinement followed by 2 years of extended supervision) and/or a $10,000 fine.
Now it’s important to note that one is not automatically guaranteed a misdemeanor possession charged based upon your first pot-based run-in with John Q. Law. A large weight by itself will often be deemed to indicate dealership. If you are found in possession of even a small amount of marijuana, but also have some plastic baggies, a scale, stacks of 20 dollar bills, and/or the small amount itself is divided into multiple smaller baggies– the cop and/or prosecutor may bypass the misdemeanor charge and instead charge you with “Possession with Intent to Deliver.” Let’s call it PWID for short. The maximum penalties for manufacture, delivery, or PWID vary based upon the weight or number of plants involved. Take note of the emphasis on the word “or” there. The prosecutor may use whichever number allows for the highest maximum penalty. Additionally, there appears to be no hard and fast requirement that the dry weight of the plant necessarily must be used. Anyway, the max penalty breakdown for manufacture, delivery, or PWID of marijuana in Wisconsin is as follows:
up to 4 plants or up to 200 grams (about 7 ounces): 3.5 years, $10,000 fine
4-20 plants or 200-1,000 grams: 6 years, $10,000 fine
20-50 plants or 1,000-2,500 grams: 10 years, $25,000 fine
50-200 plants or 2,500-10,000 grams: 12.5 years, $25,000 fine
more than 200 plants or more than $10,000 grams (a little over 22 lbs.): 15 years, $50,000 fine.
A couple of final things to note. Very often manufacture or PWID charges are accompanied by other charges such as Possession of Paraphernalia (30 days/$500 fine) and Keeping a Drug House (1 year/$25,000 fine). There are also penalty enhancers for PWID/manufacture within a thousand feet of any park, school, jail/prison, or multi-unit housing public housing project. I’m also personally aware of a particularly zealous prosecutor (in another county) who charges defendants with the archaic (but still valid felony) of possession of marijuana without a valid tax stamp. All of these add-ons can push your maximum penalties to horrific levels.
Though it has been de-emphasized somewhat, the US DOJ still does prosecute federal marijuana crimes in Wisconsin as well. In my experience, they largely focus on importers from other states where marijuana has been legalized. On the other end of the spectrum, many municipalities will often prosecute ordinance violations as well. Those tend to be expensive, but you do not risk incarceration. I won’t elaborate further on those areas, but mention them only to illustrate that running afoul of state law is not the only potential worry for those fond of Mary Jane.
Here is my advice. If you are an even occasional user of marijuana, know the risks to which you are exposed– and if possible try to learn the policies of the prosecutorial agencies where you live. Frankly, rural counties tend to be a lot worse. Don’t ever smoke in your car. Don’t consent to searches of your person, car, or home. But most importantly, if you find yourself in hot water– hire yourself a knowledgeable and competent lawyer. Like me!
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