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You can visit Wisconsin’s neighboring states and find legalized or recreational marijuana. Unlike 33 other states, however, Wisconsin has yet to legalize either. Maybe someday Wisconsin will join other states in legalizing marijuana for medicinal or recreational purposes.

Until that day comes, it’s a good idea to avoid carrying any amount of marijuana within state lines. Wisconsin views marijuana as a Schedule I substance, which is a fancy way for saying they believe its use has a high potential for abuse and no medical use. Whether you agree or disagree, that’s the law.

Penalties can vary

Wisconsin’s penalties for marijuana possession depend on the number of convictions you have. Possible penalties include :

  • Up to a $1,000 fine and/or up to six months in jail for a first offense as a misdemeanor.
  • Up to a $10,000 fine and/or up to 3.5 years in prison for a second offense as a Class I felony.

You should also know that attempting to purchase or otherwise possess marijuana or substance can lead to these same penalties. Marijuana purchased legally in another state is also illegal to possess in Wisconsin.

Drug charges from other states count in Wisconsin

Even if it’s your first conviction in Wisconsin, a previous conviction elsewhere could land you in significant legal trouble. This is because Wisconsin law explicitly states any other drug or substance-related conviction counts as a prior conviction. It’s especially important to keep this in mind if you have a prior conviction.

Whether you have a prior substance or drug conviction or not, it’s a smart idea to avoid possessing any amount of marijuana in Wisconsin. Many states have legalized marijuana, but Wisconsin is one of the remaining states to have no legalized marijuana. Consequently, possession of marijuana is a serious crime.

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Kirk Obear, Attorney at Law
603 South 8th St
Sheboygan, WI 53081

Phone: 920-395-3004
Fax: 920-395-2202
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