Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Wednesday, April 10, 2019

2nd Offense Marijuana Possession In WI


3 Must-Know Facts About 2nd Offense Marijuana Possession In Wisconsin


As marijuana laws change around the country, the use and consumption of marijuana becomes more socially acceptable. There's also a chance that people will start to dismiss the legalities of marijuana possession in Wisconsin from their minds. This is a mistake since it's still illegal to possess, sell, or manufacture marijuana in our state.

A first offense for possession of marijuana is a misdemeanor that carries with it the possibility of up to six months in jail and a $1,000 fine. 2nd offenses are much more harsh. Below is a list of three facts you must know about marijuana possession in WI.


  1.  2nd Offense Possession is a Felony. Getting caught with marijuana for just the second time changes your charge from a misdemeanor to a Class I felony. Now, jail time jumps from 6 months to up to 3 and a half years and fines go from $1,000 to $10,000. If convicted, you will lose your right to vote until your sentence is complete and you will lose your right to possess a firearm.
  2. ANY 1st Offense Misdemeanor or Felony Counts Against You. Even if your 1st offense didn’t involve marijuana at all, you can still be charged with second offense possession. Under Wisconsin Statute Chapter 961, a prior conviction of any drug offense from another state will automatically make any subsequent charge a felony, even if the two charges were unrelated.
  3. Drug Paraphernalia Can Cause Trouble Too. You don't need to have marijuana on your person in order to be charged; drug paraphernalia counts too. A misdemeanor conviction of possession of drug paraphernalia would count as a 1st offense.


Build A Strong Marijuana Defense With Eisenberg Law

If you are facing marijuana charges of any kind, contact Eisenberg Law Offices for a consultation. Our defense attorneys have decades of experience fighting drug charges and securing successful outcomes for our clients. We can help you fight possession and drug paraphernalia charges. Contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to discuss your situation in a private and confidential manner.

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