Marijuana is the most widely abused illegal substance in the United States. It is estimated that over 83 million people in this country alone have used this substance at least once. There has been widespread debate for years about the best way for the government to address this issue. While some people feel that decriminalization is the best option, others argue that the drug's risks for abuse and addiction outweigh any potential benefits.
For about the last century, people in latter camp have been the majority in state governments. This fact is reflected in the harsh penalties that many states have for the use or sale of illegal drugs. While some states have approved limited controlled use of THC, the active ingredient in marijuana, the majority of states have not. In Wisconsin, for example, the sale or use of an illegal substance is a very risk decision to make. The penalties can follow a person for the rest of his or her life.
Possession Penalties
Unlike other states, Wisconsin has the same legal penalties for possession of any amount of a particular illegal drug. The difference in a judge's decision will rely on other factors such as prior convictions, the defendant's age, and the likelihood that he or she will reoffend. The potential sentences listed here are maximums; the outcome of any individual trial may be very different.
First time possession-related offense: A misdemeanor punishable by 6 months in prison and/or a fine of up to $1,000. A judge could choose to give probation, community service, or other lesser consequences instead if there no aggravating circumstances.
Second time offense: A felony punishable by up to 2.5 years in prison and/or a fine of up to $10,000. A judge would have less room to choose a lesser sentence for this crime.
Distribution Penalties
Distributing an illegal substance is punished much more severely than using it. The sale or intent to sell any illegal drug is a felony, regardless of the amounts involved. Wisconsin law divides these laws into five categories based on amounts. The lowest, median, and highest listed amounts are:
· Less than 200 grams: 3.5 years in prison and/or a $10,000 fine
· 1,000 - 2,500 grams: 10 years in prison and/or a $25,000 fine
· 10,000 grams or more: 15 years in prison and/or a $25,000 fine
An accusation of a marijuana-related crime should not be taken lightly. It may have a reputation for being one of the "softer" drugs, but the penalties for using it are severe. For more information, contact Milwaukee drug crime defense lawyers Kohler & Hart.
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