Marijuana Charges in Wisconsin: Laws, Penalties, and Defense Strategies
last updated: 2/23/25
Understanding Marijuana Laws in Wisconsin
Is Weed Legal in Wisconsin?
As of 2025, marijuana remains illegal in Wisconsin for both recreational and medical use. Unlike neighboring states such as Illinois and Michigan, Wisconsin has not legalized cannabis in any form beyond limited medical CBD use. Possession, distribution, and cultivation of marijuana are all criminal offenses under state law.
Is Weed Legal in Milwaukee, WI?
Milwaukee has decriminalized possession of 25 grams or less, meaning a small fine may apply instead of criminal prosecution. However, possession of larger amounts, or multiple offenses, can still result in misdemeanor or felony charges under Wisconsin state law.
Is Weed Legal in Madison, WI?
Madison has one of the most relaxed marijuana policies in the state. In 2020, the city council voted to allow possession of up to 28 grams (one ounce) on private and public property, except for certain locations such as schools, school busses, and government buildings. However, marijuana is still illegal under state law, and possession could still result in charges outside Madison city limits.
Source: City of Madison
Is Weed Legal in Janesville, WI?
Janesville does not have local decriminalization measures and follows Wisconsin’s strict state laws. Even small amounts of marijuana can lead to misdemeanor charges, and repeat offenses may escalate to felonies.
Get more information on Wisconsin Local Decriminalization of weed from the NORML website.
Penalties for Marijuana Possession in Wisconsin
| Charge Type | Offense Level | Penalty |
|---|---|---|
| First-Time Possession | Misdemeanor | Up to 6 months in jail, fines up to $1,000 |
| Second or Subsequent Possession | Felony | Up to 3.5 years in prison, fines up to $10,000 |
| Possession with Intent to Distribute | Felony | 3.5 to 15 years in prison, fines up to $50,000 |
| Marijuana Cultivation | Felony | Based on plant count, penalties range from 3.5 to 15 years in prison |
| Distribution Near a School/Protected Area | Felony (Enhanced) | Increased prison time and higher fines due to proximity to a school or protected zone |
Note: Marijuana remains illegal in Wisconsin, and even minor possession offenses can carry serious legal consequences. If you're facing charges, contact Gerard Law Firm today for a consultation.
Possession charges may also lead to a driver’s license suspension, even if the offense did not involve driving.
Marijuana & OWI: Can You Get a DUI for Weed in Wisconsin?
Yes. Wisconsin has a zero-tolerance policy for THC while driving. Unlike alcohol-related OWI cases, where there is a legal limit (0.08% BAC), any detectable THC in your blood can lead to an OWI charge—even if you were not impaired at the time of arrest.
How Police Test for Marijuana OWI:
Blood tests: Detect THC levels but do not indicate when the marijuana was consumed.
Field sobriety tests: Often unreliable for detecting marijuana impairment.
Officer observations: Slurred speech, slow reaction time, or the smell of cannabis may be used as evidence.
Defense Strategies for Marijuana Charges
A conviction is not automatic. A skilled defense attorney can challenge marijuana charges in several ways:
1. Illegal Search & Seizure
If law enforcement did not have probable cause or searched your property without a valid warrant, any evidence (such as marijuana or paraphernalia) may be thrown out in court.
2. Challenging THC Test Results
Blood tests for marijuana do not measure impairment, as THC can remain in the bloodstream for weeks. An attorney may challenge the accuracy and validity of these tests.
3. Fighting "Intent to Distribute" Charges
Prosecutors often claim that cash, baggies, or scales indicate an intent to sell. However, these items alone do not prove distribution. An attorney can argue that the evidence is circumstantial and does not justify felony charges.
What to Do If You’re Arrested for Marijuana in Wisconsin
If you are arrested for marijuana possession or OWI, follow these steps to protect yourself:
Remain silent: Do not admit to using or possessing marijuana.
Do not consent to searches: Unless police have a valid warrant.
Contact an attorney immediately: Early legal representation can make a significant difference in your case.
Need Legal Help with a Marijuana Charge?
Being charged with a marijuana offense in Wisconsin does not automatically mean a conviction. At Gerard Law Firm, we aggressively defend clients facing drug-related charges, helping to reduce penalties, dismiss charges, or seek alternative sentencing.
📞 Call us today at (414) 690-9872 for a free consultation.
📍 Serving clients in Janesville, Delavan, Madison, Milwaukee, and surrounding areas.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not establish an attorney-client relationship between you and Gerard Law Firm. Legal matters are highly fact-specific, and the best course of action will depend on the details of your situation. If you need legal guidance, we encourage you to contact Gerard Law Firm to discuss your case. Representation requires a formal agreement. For more information, please visit our Legal Disclaimers page.
