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What Constitutes Marijuana Possession With the Intent to Distribute in Wisconsin?

When it comes to marijuana possession in the state of Wisconsin, there are two general charges existing. One is simple possession of marijuana. The other is marijuana possession with the intent to distribute.

Of the two charges, possession with the intent to distribute is a great deal more serious.

But what does his charge entail? What constitutes marijuana possession with the intent to distribute in Wisconsin? Let’s get into it. 

What is the Difference Between Possession and Possession With the Intent to Distribute?

There is some gray area in the difference between simple marijuana possession and possessions with the intent to distribute, but there is most certainly a difference between the two offenses as well.

Simple possession typically entails having in your possession a small amount of marijuana. It is assumed that, because the amount is so small, there is no intent to distribute it.

Intent to distribute, on the other hand, suggests that anyone with a fairly large amount of marijuana in their possession only has that amount of marijuana because they’re intending to distribute it.

There is some subjectivity involved in the ruling when small amounts of marijuana are involved, but in general, a small amount of marijuana will land you with a simple possession charge while a large amount of marijuana will land you with an intent to distribute charge.

Penalties For Marijuana Possession with the Intent to Distribute in Wisconsin

200 Grams and Under

If you’re in possession of 200 grams or less of marijuana and you’re charged with intent to distribute, you will face a felony. Felony charges for this specific offense carry up to 3 ½ years in prison with fines up to $10,000.

200 Grams to 1,000 Grams

Possessing between 200 grams and 1,000 grams of marijuana with the intent to distribute will land you with much harsher penalties than possessing 200 grams or under of marijuana. Not only can you receive fines of up to $10,000, but prison time of up to 6 years.

1,000 Grams to 2,500 Grams

If you’re possessing 1,000 to 2,500 grams of marijuana with the intent to distribute, you’ll face penalties of up to 10 years in prison with fines of up to $25,000.

2,500 Grams to 10,000 Grams

The next possession bracket falls between 2,500 grams and 10,000 grams. If you possess and intend to distribute an amount of marijuana falling between these two figures, you could face up to 12 ½ years in prison with fines of up to $25,000.

10,000 Grams and Over

The largest possession bracket is 10,000 grams and over. If you are found in possession of this much marijuana, it will be assumed that you’re intending to distribute it. Penalties for this amount of marijuana include up to 15 years in prison, and up to $50,000 in fines.

Paraphernalia

On some occasions, if you’re found in possession of drug paraphernalia, you can be charged with intent to distribute. Penalties for this offense include up to 90 days in jail with fines of up to $1,000.

Fighting Charges on Marijuana Possession with the Intent to Distribute in Wisconsin?

If you’re facing charges on marijuana possession with the intent to distribute in Wisconsin, you’re at risk of some fairly harsh penalties. You would be best served by bringing in a lawyer to strengthen your legal defense.

If you live in the Milwaukee area, the Hartley Pecora Law Offices are legal team need to turn to.   We are well-versed in fighting for our clients against drug accusations, and will work with you to deliver the best possible outcome for your case.   

Contact us for a free consultation!