Wisconsin Marijuana Charge
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Madison, WI
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(608) 204-5807
Madison, WI Pot Charge Lawyers
Marijuana Possession & Distribution Charges in Wisconsin: Legal Consequences and Defense Strategies
In Wisconsin, marijuana remains illegal for both recreational and medicinal use (except in limited medical cases with CBD). Despite changing public attitudes and local reforms in some cities, the state still enforces strict penalties for marijuana possession, manufacturing, and delivery.
At DK Anderson, S.C., we understand that one mistake shouldn’t define your future. Whether you’re facing a misdemeanor possession charge or a felony drug distribution case, our experienced marijuana defense attorneys are ready to fight for your rights.
Wisconsin Marijuana Possession Laws and Penalties
1. Simple Possession of Marijuana (THC)
First Offense – Misdemeanor
- Up to 6 months in jail
- Fines up to $1,000
- Potential for probation, conditional release, or dismissal through diversion programs
Second or Subsequent Offense – Felony
- Up to 3.5 years in prison
- Fines up to $10,000
- Permanent felony record with long-term consequences
2. Intent to Distribute or Deliver Marijuana (THC)
Under Wisconsin Statute § 961.41, penalties depend on the amount of marijuana found:
🔹 You do NOT need to be caught selling marijuana to be charged with “intent to distribute”—large amounts, baggies, scales, or cash can lead to enhanced charges.
Top-Rated Marijuana Lawyers
Conditional Release and Diversion Programs for First-Time Offenders
If this is your first THC possession charge, you may qualify for alternative sentencing options instead of jail time.
- Conditional Release – Some first-time offenders can avoid criminal convictions by completing probation.
- First Offender Program – Allows certain individuals to complete a program that results in case dismissal.
- Expungement Eligibility – Some marijuana possession convictions can be removed from your record upon successful completion of sentencing.
How DK Anderson, S.C. Fights Marijuana Charges
- Challenging Illegal Searches & Seizures – If law enforcement violated your Fourth Amendment rights, evidence may be thrown out.
- Proving Lack of Intent to Distribute – We challenge “intent to deliver” charges by showing the marijuana was for personal use.
- Seeking Alternative Sentencing – If you qualify for a diversion program or conditional discharge, we advocate for a dismissal or reduced penalties.
- Examining Police Conduct – We scrutinize whether police followed proper procedures in arrests, searches, and questioning.
Why Choose DK Anderson, S.C. for Your Marijuana Defense?
✔ Experienced in Wisconsin Drug Law – We have a proven record of defending clients facing marijuana charges.
✔ Strong Negotiation & Trial Skills – We fight for dismissals, charge reductions, and alternative sentencing options.
✔ Protecting Your Future – We focus on minimizing the long-term impact of a conviction on your life, job, and education.
Take Action Now – Protect Your Rights
A marijuana conviction can impact your future—don’t face these charges alone. The sooner you contact a defense attorney, the more options you have.
📞 Call (608) 204-5807 today to discuss your defense strategy.
Frequently Asked Questions - Marijuana Charges in Wisconsin
Yes, but many first-time offenders can avoid jail time through probation, conditional release, or alternative sentencing programs. A strong criminal defense attorney can help you pursue these options.
It depends. Some misdemeanor marijuana convictions may be eligible for expungement, but felony convictions generally stay on your record permanently. Our attorneys can review your case to explore expungement options.
Yes. Even if you weren’t selling, law enforcement may argue that possession of a large quantity, baggies, or scales indicates intent to distribute. We fight to reduce charges and prove personal use when possible.
No. Some cities, like Madison and Milwaukee, have decriminalized small amounts of marijuana, meaning possession results in a fine rather than a criminal charge. However, state law still classifies marijuana as illegal, and counties differ in how aggressively they prosecute.
✔ Do NOT admit guilt or discuss your case with police.
✔ Do NOT consent to a search without a warrant.
✔ Contact an experienced criminal defense attorney immediately.
Even if you think the evidence against you is strong, a defense lawyer can challenge the case and fight for reduced charges or dismissal.
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.