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Many Unsure about Wisconsin's Patchwork of Marijuana Laws

Many people are under the impression that possessing a small amount of marijuana is no longer a crime in Wisconsin. But in reality, it's easy to run afoul of Wisconsin's marijuana laws, and what you don't know can hurt you.

Is possession of marijuana legal in Wisconsin?

In a word, no. Many Wisconsin cities have decriminalized possession of a small amount of marijuana. For example, possession of up to 28 grams of cannabis in Milwaukee is a civil offense, similar to a traffic ticket. However, drive to West Bend with a single marijuana cigarette and you could face up to six months in jail and a $1,000 fine, even for a first offense.

Possession of any amount of marijuana is illegal at the Wisconsin state level. Possession of cannabis is also illegal in national parks such as the Apostle Islands National Lakeshore and scenic trails such as Ice Age and North Country. Did you buy marijuana legally in a state such as Colorado? It is illegal as soon as you bring it into Wisconsin. Did you obtain medical marijuana in another state? It is illegal in Wisconsin, even if you obtained cannabis legally with a prescription.

The consequences of possessing marijuana in the wrong place can be very serious. Depending on the severity of the charge, if you are convicted of possession of marijuana, you could face jail time and a lifetime criminal record. A conviction could also have collateral consequences:

  • You may find it harder to get a job.
  • You may be ineligible for federal student loans.
  • You may be ineligible for government programs such as public housing.
  • You may find it harder to rent an apartment or obtain a loan.

In Wisconsin, sale or delivery of marijuana, cultivation of marijuana, and second-offense possession of marijuana can result in felony charges. If convicted of a felony marijuana offense, you could also face loss of civil rights such as the right to own or possess a gun.

For your best defense against marijuana charges, please contact an attorney at Kim & LaVoy. We have helped hundreds of clients throughout Wisconsin resolve drug charges.

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