Wisconsin may not have the most lenient penalties for marijuana law, but they do have two things going for them. No minimum mandatory sentencing and the option of conditional release. As long as you’re a first time offender in America’s Dairyland you could possibly forego your trial for probation. The lack of an MMS is promising as well. Although it means jail time for any convicted offense is up in the air, there is no standard for which the judge must punish you.
Misdemeanors in the great Badger state include possession (any amount as long as it’s your first offense) and convictions involving paraphernalia. For holding marijuana or hash (which are treated the same) you could get up to six months and $1 grand in fines. If you own any paraphernalia regardless of whether you’re caught using it, you could get up to 30 days and $500 in fines. Distribution raises that to double the penalties and if you’re caught doing any of that to a minor (here’s a hint: don’t) you could get up to nine months and $10 grand in fines. Second time offenders are officially promoted to a felony. That could get you up to three-and-a-half years behind bars with up to $10 grand in fines.
Sale and Cultivation of Marijuana and hash
The sale or cultivation of marijuana and hash are considered felonies in Wisconsin. Anywhere from three-and-a-half to 15 years is on the table depending on the amount you’re caught trying to push. Fines range from $10,000 up to a max of $50,000. Any later offenses you rack up can legally have penalties added on. All items used to help you distribute your wares (yes, including vehicles) are subject to Civil Asset Forfeiture. As well your driving privileges could be suspended anywhere from six months to five years.
Don’t take drugs and drive!
Wisconsin also has a “drugged driving” regulation. In the strictest form this law forbids drivers from operating motor vehicles if they have a detectable level of an illicit drug or drug metabolite. A drug metabolite is the “compound produced from chemical changes of a drug in the body,’ and not necessarily the psychoactive itself. This basically means if you smoked a few weeks ago and you test positive you could be in deep doo-doo. Obviously, this is something all states are going to have to deal with as marijuana stays in the body so much longer than alcohol.
Is medical marijuana legal?
Last and a little bit least, medical marijuana is legal in Wisconsin but it’s limited. Cannabis extract is the only marijuana relief allowed for patients suffering from seizure disorders. Here’s where the milk gets sour: you cannot cultivate plants in your home, there are no state-licensed dispensaries, and caregivers cannot provide CBD to their patients. So how said patients are supposed to get their medicinal marijuana will forever remain an unsolved mystery with Wisconsin lawmakers.