Photo of Christy M. Hall
Effective Criminal Defense Since 1998
PLEASE NOTE: To Protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet, via telephone or FaceTime. Please call our office to discuss your options.

Make sure you’ve got your Wisconsin marijuana facts straight

Has someone told you marijuana is now legal in Wisconsin? If so, unless you’re already armed with the facts, this type of misguided statement could land you in a lot to trouble with the law. Currently, seven states, plus the District of Columbia, have passed laws regarding recreationally smoking marijuana. Wisconsin is not one of these states. Also, at the federal level, all possession, manufacturing, selling, delivering and use of marijuana remains illegal, which can lead to confusion in individual states where laws conflict.

You or one of your family members may suffer from a health condition where marijuana is said to have a beneficial effect to relieve symptoms. There are ample study reports available that show evidence of symptom relief and other positive results regarding those who use the drug medicinally. However, since state regulations are rapidly changing and federal laws contradict many state laws, it’s best to seek clarification first rather than risk criminal charges later.

Using marijuana in Wisconsin is highly restricted

It’s true that you may be able to use marijuana for medicinal purposes in this state. The following list provides crucial information showing how limited and stringent Wisconsin marijuana laws are:

  • You may incur fines up to $1,000 and misdemeanor penalties up to six months in jail if the court convicts you of marijuana possession.
  • Any subsequent marijuana possession charge could be filed as a felony.
  • In certain circumstances you may use marijuana in this state to treat seizure disorders.
  • Only a specific form of cannabidiol (that which has no psychoactive effect) is permissible for seizure disorder treatment in this state.
  • Federal law trumps state law in situations where the two conflict.

If you’re already in a cannabidiol treatment program for a seizure disorder, you’re likely aware of the strict regulations governing marijuana use in Wisconsin. In addition to the type of marijuana, the particular medical condition creating eligibility for its use and other restrictions, it is never okay to operate a motor vehicle when under the influence of this drug.

Even a seemingly minor marijuana-related incident has the potential to cause long-term negative consequences in your personal and professional life. If you’re concerned about a particular situation involving marijuana or a police officer has formally accused you of a crime, you may be able to mitigate your circumstances if you know where to turn for support.