Skip to main content

Speak with an Attorney • 414-224-6070 • Free Consultation

Our Blog

Relevant news and input from our Milwaukee defense attorneys

Marijuana in Wisconsin - Still Not Legal Here

I recently read an article about a Green Bay Packer player suspended for the opening game due to a recent conviction for Possession of Marijuana THC). In the comments section of the article, there was confusion among readers about the legality of marijuana drug possession in Wisconsin. Some people assumed marijuana was now legal in Wisconsin;  many others believed it was legal in some parts of Wisconsin and not others.

Here is the law in Wisconsin: Possession of Marijuana (THC) is NOT LEGAL in any part of the State of Wisconsin. It is still a state-wide criminal misdemeanor , a first offense carrying a possible jail sentence of up to 6 months and a maximum fine of $1,000.00. A second criminal offense possession is a Felony with up to 3.5 years in jail and up to a $10,000.00 fine. On either, your driver’s license may be suspended for up to 5 years.

There are numerous counties in Wisconsin where prosecutors may elect not to charge criminally, depending on the facts, and elect to pursue a non-criminal ordinance violation (which means there is no possible jail sentence) or some alternate resolution procedure that will not result in a criminal conviction.

Almost every municipality has enacted ordinances to prosecute Possession of Marijuana. That allows for non-criminal prosecution without referral to the District Attorney.

If you possess marijuana (THC), you can assume you will be either criminally charged or, at a bare minimum, be issued an ordinance citation with a money fine.  The police do not let possession of even small amounts just slide.

Don’t assume just because a Possession of Marijuana (THC) offense is not criminally prosecuted that you are home free from future consequences that can affect your future career plans and rights.

Don’t ever just plead guilty to either a criminally or municipally charged Possession of Marijuana offense without first speaking to a qualified criminal attorney.

If you are arrested for a Possession of Marijuana (THC) or any drug offense, call  Courtney & Molter, S.C.   We have provided quality representation on criminal drug cases for more than 3 decades throughout the State of Wisconsin, and in Milwaukee, Racine, Waukesha, Kenosha, Ozaukee, Walworth, Washington, Sheboygan and all other counties in the State.

Call us at (414) 224-6070 or check out our website at   You may email us questions from our website as well.