If you’re facing marijuana charges in Milwaukee, you cannot afford to take a wait-and-see approach. Wisconsin law still treats marijuana offenses seriously, and even a seemingly minor charge can carry lasting consequences for your record, your job, and your future. Whether you are accused of possession, distribution, or another drug-related offense, having an experienced defense attorney on your side is critical.
At The Law Offices of Christopher J. Cherella, we provide aggressive, results-driven representation for individuals charged with marijuana crimes throughout Milwaukee and the surrounding areas. With decades of combined experience and a deep understanding of Wisconsin drug laws, our firm is prepared to challenge the prosecution’s case, protect your rights, and pursue the best possible outcome on your behalf.
Understanding Marijuana Laws in Wisconsin
While other states have legalized the recreational use of marijuana in recent years, it is illegal to possess, sell, cultivate, or purchase marijuana in the state of Wisconsin.
Under the Wisconsin Uniform Controlled Substances Act, marijuana is classified as a Schedule I hallucinogenic substance and is highly regulated. Being caught with marijuana or any related drug paraphernalia can expose a person to serious legal consequences, including jail time, harsh fines, and community service. If you have been charged with any marijuana-related offense, our top-rated criminal defense attorneys are here to protect your freedom.
Marijuana Charges We Defend in Wisconsin
At The Law Offices of Christopher J. Cherella, we represent clients facing a wide range of marijuana-related offenses. No matter the severity of your charges, we are prepared to step in and fight for your rights.
Our criminal defense attorneys handle cases involving:
- Simple possession of marijuana
- Possession with intent to distribute
- Sale or delivery of marijuana
- Drug trafficking
- Marijuana cultivation or manufacturing
- Possession or sale of drug paraphernalia
- Charges involving minors or school zones
- Repeat offenses and felony-level charges
- Federal drug crimes
Each case presents unique challenges, and we tailor our defense strategies based on the facts, evidence, and your prior record.
Penalties for Marijuana Convictions in Wisconsin
Penalties for marijuana crimes in Wisconsin vary depending on different factors, including the amount of the drug found within a person’s possession at the time of their arrest and the number of prior offenses on a person’s record. Persons charged with some first-offense misdemeanor charges, such as simple possession, may sometimes opt for a conditional release program, such as probation, to avoid a criminal record. However, any subsequent offenses are not given this privilege.
Penalties for marijuana crimes in Wisconsin are as follows:
- Possession: A misdemeanor first offense marijuana possession charge can result in up to six months in jail and fines up to $1,000. Any subsequent offenses can result in up to 3 ½ years in prison, fines up to $10,000, and a felony record.
- Sale or Delivery: All charges of selling or delivering marijuana are felony offenses. A conviction can bring between 3 ½ to 15 years in prison and fines up to $50,000.
- Cultivation: Like sale or delivery charges, cultivation charges are felonies. If convicted, a person can face up to 15 years in prison and up to $50,000 in fines. Cultivation charges are often paired with possession with intent to distribute charges.
- Paraphernalia: A conviction of possessing or selling marijuana paraphernalia can bring up to 90 days in jail and fines up to $1,000. If charged with selling to a minor, these penalties can jump to nine months in prison and fines up to $10,000.
In addition to the above penalties, a conviction can bring a possible driver’s license suspension and forfeiture of any vehicle used to distribute marijuana. A drug crime conviction can also have a detrimental impact on a person’s reputation and employment prospects. If you have been arrested for any marijuana-related charges, contact our firm as soon as possible to minimize your chances of serving these consequences.
What to Do If You’re Arrested for Marijuana Charges in Milwaukee
If you are arrested for a marijuana-related offense, your actions in the moments that follow can significantly impact your case. You should:
- Remain calm and do not resist arrest.
- Exercise your right to remain silent; do not answer questions without an attorney present.
- Do not consent to searches unless law enforcement presents a valid warrant.
- Avoid discussing your case with anyone other than your lawyer.
- Contact a qualified Milwaukee marijuana defense attorney as soon as possible.
Early legal intervention can make a substantial difference in how your case is handled and may increase your chances of reduced charges or dismissal. Call (414) 347-9334 to speak with a drug crimes attorney at the Law Offices of Christopher J. Cherella.
Building a Strong Defense Against Marijuana Charges
A successful defense begins with a detailed review of the facts and the procedures used by law enforcement. Our firm carefully examines every aspect of your case to identify weaknesses in the prosecution’s argument.
Potential defense strategies may include:
- Challenging illegal searches and seizures
- Questioning probable cause for the stop or arrest
- Disputing ownership or possession of the substance
- Analyzing lab testing procedures and results
- Identifying violations of your constitutional rights
In some cases, we may also pursue alternatives to conviction, such as diversion programs or conditional release options, when available.
How a Milwaukee Marijuana Attorney Can Help
Navigating Wisconsin’s marijuana laws without experienced legal guidance can be overwhelming. A marijuana attorney from our firm can help you understand your rights, evaluate your legal options, and develop a defense strategy aimed at protecting your future.
We assist clients by:
- Investigating the circumstances surrounding the arrest
- Communicating with prosecutors on your behalf
- Filing motions to suppress unlawfully obtained evidence
- Negotiating for reduced charges or alternative sentencing
- Representing you aggressively in court when necessary
Our goal is always to minimize the impact of the charges on your life and pursue the best possible outcome.
Why Choose Our Milwaukee Marijuana Defense Lawyer
At the Law Offices of Christopher J. Cherella, we can provide the hard-hitting advocacy you need to improve your chances of securing a desirable outcome.
Countless clients have trusted us to handle their various drug charges for the following reasons:
- More than 20 years of dedicated legal experience
- Thousands of criminal cases represented
- Personalized advocacy, available 24/7
- Avvo Client’s Choice Award winners
Take the first step towards retaining legal representation by contacting us online today!
Our Milwaukee criminal defense lawyers understand the gravity of your situation, and we are prepared to do everything within our power to advocate for a reduction or dismissal of your charges. Protecting your freedom is our top priority, and we are committed to ensuring no stone is left unturned in your defense.
FAQs A Marijuana Lawyer Can Answer
How much weed is a felony in WI?
In Wisconsin, a first offense for simple possession of any amount of marijuana (up to 200 grams or less) is a misdemeanor, punishable by up to 6 months in jail and fines up to $1,000. However, a second or subsequent offense escalates to a Class I felony (up to 3.5 years in prison and $10,000 fine), regardless of quantity.
Quantity escalates penalties further, often as possession with intent to deliver:
- 200g or less (or ≤4 plants): Class I felony, up to 3.5 years prison, $10,000 fine.
- >200g to 1,000g (or 5–20 plants): Class H felony, up to 6 years prison, $10,000 fine.
- 1,000g to 2,500g (or 20–50 plants): Class G felony, up to 10 years prison, $25,000 fine.
- >2,500g (or >50 plants): Higher felonies up to Class E, up to 15 years prison, $50,000 fine.
Repeat offenses, location (e.g., near schools), or paraphernalia add enhancements, including license suspension up to 5 years. All marijuana possession remains illegal statewide, though some cities have local decriminalization. Contact The Law Offices of Christopher J. Cherella immediately for defense strategies tailored to your case.
Can you be arrested for being high?
While being under the influence alone is not always charged separately, you can be arrested if law enforcement believes you are impaired in a public place, driving under the influence, or involved in another offense.
How long do you go to jail for weed charges?
In Wisconsin, a first offense for simple possession of any amount of marijuana (200 grams or less) is a misdemeanor under Wis. Stat. § 961.41(3g)(e), punishable by up to 6 months in jail and fines up to $1,000. A second or subsequent offense becomes a Class I felony, with penalties up to 3.5 years in prison and fines up to $10,000.
What is the charge for possession of weed?
A first offense is typically a misdemeanor, punishable by jail time and fines. Subsequent offenses may be charged as felonies with significantly harsher penalties.
Is selling weed a felony?
Yes. In Wisconsin, the sale or delivery of marijuana is always charged as a felony and can carry substantial prison sentences and fines.
Is smoking weed in the car a felony?
Smoking marijuana in a vehicle may lead to multiple charges, including possession and potentially operating under the influence. While not automatically a felony, it can become one depending on the circumstances and prior offenses.
What happens if you get caught smoking weed?
You may be cited or arrested and charged with possession. The outcome depends on factors such as prior offenses, location, and the amount involved.
Can you go to jail for smoking weed?
Yes. Even a first-time possession offense can result in jail time, although some individuals may qualify for alternatives like probation or conditional release.
