Marijuana Cultivation Fines & Penalties for in Wisconsin
Growing, or cultivating marijuana/THC in Wisconsin, could have a possible Class H felony Wisconsin penalty of up to 6 years in prison for having 4 to 20 plants and a maximum fine of $10,000.
OWI & Criminal Defense Attorney
Marijuana, Pot, Cannabis…Whatever You Call It, Cultivation Earns Heavy Fines & Penalties in Wisconsin
As marijuana is legalized in more states throughout the U.S., growing marijuana is becoming a more popular livelihood for many Americans. In some states, people are encouraged to grow their own recreational marijuana, but those states are not Wisconsin. Marijuana is still illegal in Wisconsin, and you will be prosecuted for cultivation.
A rise in marijuana-related arrests and a decrease in retail prices for marijuana suggest an increase in marijuana cultivation across the state. When caught, marijuana farmers face serious jail time and fines. A mere 1-3 marijuana plants can land you 3.5 years in prison. Law enforcement may encourage those charged with cultivation to agree to a plea deal. Be wary, if you agree, you’ll be marked as a felon forever. Our criminal defense lawyers protect your rights in whatever manner legally possible.
Cannabis Cultivation Charges, Fines & Penalties in Milwaukee
Growing marijuana, or cultivation, is an offense with the strictest charges in Wisconsin with the following possible fines and penalties:
- A potential 3.5 years of incarceration and $10,000 in fines for having up to 4 plants
- A potential 6 years of incarceration and $10,000 in fines for having 4 to 20 plants
- A potential 10 years of incarceration and $25,000 in fines for 20-50 plants
- A potential 12.5 years of incarceration and $25,000 in fines for 50-200 plants
If you are caught with more than 200 cultivated plants, you may face the following charges, fines and penalties:
Despite the legalization of marijuana in some states throughout the country, Wisconsin marijuana laws remain particularly strict. If you have been convicted of marijuana cultivation in Wisconsin, you are in serious trouble and need a criminal defense lawyer to help protect your rights.
Marijuana Laws are Still the Law
Looking at movies and other pop-culture mediums, those who recreationally smoke pot are getting more and more casual about its use – this fact cannot be denied. What should be denied is what a seriously punishable legal offense marijuana possession still is. The prison system might be overcrowded, but with district attorneys pressured to make higher conviction rates, and police officers still thoroughly doing their jobs, the law remains the law.
The state of Wisconsin has often been a trendsetter, but rarely one to jump on the bandwagon. What we mean by this is that Wisconsin is usually either one of the first or last states to pass legislature. Despite the efforts of organizations like Wisconsin NORML working to reform state Wisconsin drug possession laws, the “Milwaukee cannabis freedom” efforts have not had a significant enough impact to affect Wisconsin drug laws.
Wisconsin Law Firm Offers Free Case Assessments for Marijuana Cultivation Charges
There’s a good chance you are not interested in criminal defense services for yourself. Your direct need for a drug offense attorney might very well spawn from having a loved one who was dealt a bad hand in an uncertain circumstance, leaving you with questions like: Is THC oil a felony in Wisconsin?
Post-arrest, the hopelessness of an uncertain future is unsettling, to say the least. Perhaps your husband is clinging to a CDL which is your family’s livelihood for daily support. It could be that your child is attending a university, making terrific grades, and on track to truly become someone. Then in a moment, the Wisconsin laws for marijuana cultivation come crashing down.
Without retaining a criminal defense attorney, a marijuana cultivation case in Milwaukee could put a permanent damper on your family member’s life and forever haunt an otherwise bright future. The world is a competitive place, and the sheets of another’s history can always be cleaner. Keep your good name by letting Grieve Law offices help immediately. If you have been given an OWI charge in Wisconsin, you need a lawyer to ensure you get the representation you need. Learn about the Wisconsin DWI penalties and how to fight them.
For your free case assessment, contact our Milwaukee marijuana defense attorneys.
In Wisconsin, how long does a Marijuana Cultivation charge stay on your record?
Marijuana cultivation in Wisconsin could lead to a 3.5 year prison term if convicted, and it could remain on your record for life, unless strict standards are met to have them removed.
Franklin police have found a massive marijuana farm in the city, court documents say; no charges have been filed
Upward of 10,000 marijuana plants are reportedly being housed in a secret growing operation in Franklin, according to Milwaukee County Court documents.
In a search warrant affidavit filed by the Franklin Police Department, officers described an at least six-greenhouse operation on farmland off of 116th Street on the city’s south side.
Franklin police repeatedly refused to discuss the operation, citing an ongoing investigation, but records show that substances labeled “drugs” were seized from the property and are currently in the possession of Franklin police.
Franklin Mayor Steve Olson said he’s frustrated with the Milwaukee County District Attorney’s Office and its lack of prosecution against the owners of the growth operation.
“There is major illegal drug activity going on that was not prosecuted, and no one got arrested for, and now the city is responsible . for what is the responsibility of the state and district attorney’s office,” Olson said. “They’re not doing their job, plain and simple.”
But, according to Deputy District Attorney Kent Lovern, the police department has not yet requested criminal charges be filed against the operation’s owners, and the final investigation report has yet to be submitted.
Here’s what we know about the operation.
Operation reportedly included several greenhouses and thousands of plants
According to the affidavit:
Police confirmed marijuana on the property as early as July 2021, using criminal informants and other forms of surveillance. According to the informants, one greenhouse contained about 3,500 marijuana plants; the informant noted two tents and six greenhouses on the property that month.
The property is leased to Green Haven Fields LLC, which has an address listed in Brookfield. The company organized in January, according to records from the Wisconsin Department of Financial Institutions.
Police discovered multiple systems in place to protect the operation from detection or deter law enforcement and others from the property.
These include, but aren’t limited to, guard dogs, movable venting systems to control the odor of marijuana, fake names on utility records and other business records, altered electrical systems to avoid registering structures with utility companies, and deodorizers to mask the smell of marijuana.
Police also found marijuana on people driving off the property or in their vehicles.
The landowner told police he is not aware of the identity of the owners or their growing operation, but was told they were growing hemp on his land. Growing hemp is legal, but heavily regulated, in Wisconsin.
In an interview with the Milwaukee Journal Sentinel, the landowner insisted he believed only hemp was being grown on the property.
He said he has received two citations in connection to the marijuana growth but has been given little information otherwise. One ticket he received did not list the fine he was required to pay or how much of the illegal substance was on his property, the landowner said. Police declined to offer any more details.
Olson confirmed that the city had served the landowner with two citations: one for marijuana growth and one for improper zoning.
The Wisconsin Department of Agriculture provided police with a list of licensed hemp farms in Milwaukee County, but a permit applied to Green Haven Fields LLC used an address that did not exist, according to the city treasurer’s office.
Milwaukee County Circuit Judge William Sosnay signed off on the search warrant Sept. 7, and police executed the warrant Sept. 8.
It’s legal to grow hemp in Wisconsin
Hemp and marijuana are both cannabis plants, but the key difference between hemp and marijuana is the amount of psychoactive compound — known as tetrahydrocannabinol or THC — that each plant possesses. THC provides the high associated with most cannabis plants, but is present in lower levels in the strain of cannabis known as hemp.
Under federal law, the maximum amount of THC allowed in a cannabis plant before it is considered illegal is 0.3%.
Often, until the plant is fully grown, THC levels cannot be measured to determine whether it’s classified as legal or illegal, according to Jay Selthofner, a hemp farmer and founder of the Wisconsin Cannabis Activist Network.
All cannabis seeds must be tested and approved by the state before being purchased to prevent the seeds from producing an illegal cannabis strain, Selthofner said. It’s unlikely that seeds for growing hemp could be mistaken for seeds meant to grow marijuana, he said.
Marijuana legalization efforts in Wisconsin
Marijuana is illegal in Wisconsin, but as of May, adult recreational use of the drug is legal in the surrounding states of Minnesota, Michigan and Illinois.
State Democrats are fighting to change that, but face staunch Republican opposition, despite large public support for legalization.
Joseph J. Czarnezki, a Milwaukee County supervisor who represents Greenfield, Franklin and Milwaukee, was a co-sponsor of a resolution decreasing the fine for marijuana possession to $1 in Milwaukee County. The resolution passed in March.
He also authored a resolution calling on the state to legalize marijuana.
Gov. Tony Evers has also proposed legalizing marijuana at the state level, but the proposal ultimately did not make it into the most recent state budget.