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Possession of Marijuana in Wisconsin can be charged as a
violation of State Statute, municipal ordinance explicitly
adopting the Statute, or violation of a separate city, town,
village etc. ordinance. Charges can range from fine to
misdemeanor to felony depending on whether the charge is
possession only, possession with intent, distribution or some
other charge, and the amoung of marijuana in question. Felony marijuana charges in Wisconsin can range from a class I felony for 200 grams or less or four plans or less to Class E felony for more than 10,000 grams or more than 200 plants. There are also various felony charges in between for varying amounts of marijuan/ THC. Wisconsin controlled substance possession law generally states that no person may possess or attempt to possess a controlled substance unless the person obtains it directly from or pursuant to a valid prescription from a "practitioner." In a recent dispute over whether a California Doctor's Prescription for marijuana allowed a Wisconsin resident to lawfully possess marijuana and paraphernalia, a Wisconsin Court of Appeal found that the prescription had to be from a doctor licensed in Wisconsin if the person was charged under Wisconsin State Statute. In that case, the town charged the defendant under its own town ordinance which differed from the State Statute and the court found the town ordiance did not require a doctor licensed in Wisconsin. The court also found, "pharmacies can distribute ... marijuana to patients upon written prescription ... [and] practitioners can write prescriptions for the marijuana.” The above case was not published meaning it could only be used as persuasive authority (it is not binding to a court and should not be relied on in any manner as the law). |
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