Category: Marijuana

What Are the 2024 Laws on Marijuana in Wisconsin?

Marijuana laws are expanding across the United States, with many jurisdictions opting to legalize recreational marijuana. In Wisconsin, Governor Tony Evers included measures to legalize cannabis in the state in his executive budget in 2023. However, the Wisconsin legislature killed that proposal and others. With all the back and forth over marijuana, it can be confusing to keep up with the state’s current drug laws and where marijuana policy stands.


At J. Kippa Law Office, LLC, our dedicated criminal defense and drug crime attorneys want to help you understand Wisconsin’s 2024 marijuana laws.


The State of Wisconsin Marijuana Laws

Discussions over marijuana legalization are reaching a fever pitch in Wisconsin and across America. There have been several recent attempts to push forward drug reform policy in Wisconsin, only to have groups in the Wisconsin legislature shoot it down. The uncertainty, plus the frequent presence of marijuana in local and national news, can make understanding Wisconsin’s drug laws confusing, especially when marijuana is legal in numerous other nearby jurisdictions like Illinois and Michigan.


As of 2024, Wisconsin law prohibits marijuana possession and consumption for medicinal and recreational purposes. Possessing, manufacturing, distributing, selling, cultivating, or using marijuana in the state is currently illegal. Additionally, Wisconsin residents cannot travel to another state, legally purchase marijuana, and bring it back to Wisconsin for consumption.


Wisconsin does allow the use of CBD oil to treat specific conditions. CBD is the non-psychoactive compound in marijuana and hemp. In compliance with federal law, Wisconsin law also allows the cultivation, distribution, processing, and possession of hemp and hemp-derived products when the THC content does not exceed 0.3 percent.


Penalties for Marijuana Possession in Wisconsin

Marijuana penalties in Wisconsin can be severe and lead to significant consequences, including jail time. First-time offenders typically face misdemeanor charges, while subsequent offenders can find themselves facing felony charges. Penalties for marijuana possession conviction can include:


  • Possession of Any Amount (First Offense) – Fines up to $1,000 and up to six months in prison
  • Possession of Any Amount (Subsequent Offense) – Fines up to $10,000 and up to 3.5 years in prison
  • Possession of More Than 200 Grams (Intent to Sell) – Fines up to $50,000 and up to 15 years in prison


The cultivation of marijuana plants in Wisconsin can also lead to stiff legal and financial penalties, including:


  • Cultivation of Up to Four Cannabis Plants– Fines up to $10,000 and up to 3.5 years in prison
  • Cultivation of Four to 20 Cannabis Plants – Fines up to $10,000 and up to six years in prison
  • Cultivation of 20 to 50 Cannabis Plants – Fines up to $25,000 and up to 10 years in prison
  • Cultivation of 50 to 200 Cannabis Plants – Fines up to $25,000 and up to 12.5 years in prison
  • Cultivation of More Than 200 Cannabis Plants – Fines up to $50,000 and up to 15 years in prison


Call an Experienced Wisconsin Criminal Defense Attorney Now

Marijuana may be legal in nearby jurisdictions, but it’s illegal in Wisconsin, and running afoul of the state’s drug laws can significantly affect your life. Are you confused by Wisconsin’s marijuana laws? Have you been charged with marijuana or other drug offenses? The criminal defense team at J. Kippa Law, LLC, can help. Contact our office immediately to request a confidential legal consultation.

What Happens If You Get Pulled Over with Marijuana in Wisconsin?

Many states across the country have taken steps to legalize marijuana for personal use. However, it is vital to note that Wisconsin is not among these states. Wisconsin drug laws strictly prohibit the use, possession, and sale of marijuana and associated paraphernalia. Furthermore, driving under the influence of marijuana can result in severe penalties, especially after multiple convictions.

Understanding Wisconsin’s marijuana and driving laws can help you know what steps to take if you are facing drugged driving charges. Working with an experienced Wisconsin defense attorney can help maximize your chances of avoiding the harshest penalties.


What Are the Penalties for Marijuana Possession in WI?

In Wisconsin, marijuana possession is considered a criminal offense, and the state imposes some of the harshest penalties in the country. The penalties are as follows:

  • For a first offense, possession is considered a misdemeanor, punishable by up to 6 months in jail and a maximum fine of $1,000.
  • For second and subsequent offenses, possession is a felony, with potential penalties of 3.5 years in prison and fines of up to $10,000.
  • Possession of more than 200 grams of marijuana is considered possession with intent to sell, which carries a potential 15-year prison sentence and up to $50,000 in fines.


How Does Wisconsin Law Define Drugged Driving?

It is illegal in Wisconsin to operate a motor vehicle while under the influence of drugs, including marijuana. The law prohibits driving or operating a vehicle while:

  • Under the influence of any drug to a degree that renders the person incapable of safe driving
  • With any detectable amount of a restricted controlled substance in their blood

For marijuana, any amount over one ng/mL of THC in the blood can lead to an Operating While Impaired (OWI) charge.


What Are the Penalties for Drugged Driving in WI?

The penalties for an OWI drug conviction in Wisconsin depend on the number of prior offenses and any aggravating factors. In general:

  • A first OWI offense is a civil violation with potential fines of $150-$300.
  • A second offense within ten years is a criminal misdemeanor with up to 6 months of jail time and a license revocation of one year to 18 months, as well as fines of up to $1100.
  • A third offense is a misdemeanor with up to one year of jail time and a license revocation of up to three years, as well as fines of up to $2,000.
  • Fourth and subsequent offenses are felonies with up to six years of prison time, a license revocation of up to three years, as well as fines of up to $10,000


How an Attorney Can Help 

Working with an experienced Wisconsin marijuana defense attorney can maximize your chances of success in your case by:

  • Challenging the legality of law enforcement’s search and seizure
  • Questioning the accuracy of sobriety tests
  • Negotiating a plea bargain for lesser charges


Get Legal Help Today

If you’ve been arrested for or charged with marijuana possession or OWI, the skilled and knowledgeable attorneys at J. Kippa Law, LLC, understand how much your future depends on a solid legal defense. With us on your side, you can feel confident about the path forward.

Call us today at (920) 733-1100 or contact us online for a confidential meeting with an attorney.

Although certain cities in Wisconsin have decriminalized the recreational use of marijuana, it is still not legal to drive under the influence of the drug anywhere in the state. If you are caught doing so, you could face severe penalties such as fines, license suspension, and even jail time.

The Effects of Marijuana

Driving while under the influence of any substance is dangerous, especially marijuana. It can impair a person’s coordination, distort perception, impair judgment, slow reaction time, and reduce the ability to make sound decisions. These side effects while driving could be life-threatening for you, a passenger, another driver, or even pedestrians.

The Penalties

If you are caught driving under the influence of marijuana, a police officer will take you through a series of tests and questions. Then, if the officer deems it necessary, they may request that you submit to a chemical test. If the chemical test states that you have marijuana in your system, you could face up to a $1000 fine, license revocation, or even jail time.

If you are under investigation for driving under the influence of marijuana, you should speak to a skilled criminal defense attorney as soon as possible. Lawyer Jeffrey Kippa and his team have over 30 years of combined experience defending clients against drug crime charges in Green Bay, Oshkosh, and Appleton, Wisconsin. Contact J. Kippa Law, LLC today at 920-383-3423 to schedule your free consultation, discuss your unique situation, and address your concerns.

Your attorney's experience can make all the difference when your future is on the line. Learn how attorney Jeffrey Kippa can help you move forward.

Call 920-733-1100