Marijuana And Drugs
Wis. Stat. 961.41 — marijuana first offense up to $1,000 or 6 months; a second is a Class I felony
No one may possess a controlled substance in Wisconsin unless they got it directly from, or on a valid prescription or order of, a practitioner acting in professional practice, or the chapter otherwise allows it. The penalty depends on the drug.
| Substance | First conviction | Second or later |
|---|---|---|
| SubstanceTetrahydrocannabinols (THC) | First convictionFine up to $1,000, up to 6 months, or both | Second or laterClass I felony |
| SubstanceCocaine or cocaine base | First convictionFine up to $5,000, up to one year in the county jail | Second or laterClass I felony |
| SubstanceLSD, PCP, amphetamine, MDMA, psilocybin and the other substances the paragraph lists | First convictionFine up to $5,000, up to one year in the county jail, or both | Second or laterClass I felony |
| SubstanceA schedule I or II narcotic drug | First convictionClass I felony | Second or laterClass I felony |
What counts as a second offense. An offense is second or later if, before the conviction, the person was at any time convicted of any felony or misdemeanor under the controlled substances chapter, or under any federal or state law relating to controlled substances, marijuana or the other drugs it names.
A Class I felony carries a fine up to $10,000 or imprisonment up to 3 years and 6 months, or both.
Sources for this section (2)
- Wis. Stat. 961.41 — Prohibited acts A — penalties
- Wis. Stat. 939.50 — Classification of felonies
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.