Marijuana Grow Operations

Marijuana Grow Operations: When Do I Need a Lawyer?

In Wisconsin, it is against the law to cultivate, meaning to grow or manufacture, marijuana. While Wisconsin allows for a very limited use of medical marijuana, its laws concerning growing marijuana, as well as otherwise possessing, using or distributing marijuana remain intact. If you are caught with even one marijuana plant, you could be sentenced to prison for up to 3 years and also be required to pay a fine.

As soon as you are charged with manufacturing marijuana, you should immediately contact a Wisconsin Manufacturing of Marijuana Attorney. At Cafferty & Scheidegger, S.C., we will review the facts of your case and will defend and support you throughout the criminal process.

Growing Marijuana in Wisconsin

The laws against growing marijuana are including in the provisions banning “manufacturing, distribution or delivery” of certain controlled substances. For the purposes of marijuana, manufacturing means growing. Wis. Stat. Ann. § 961.41(1)

Consequences of a Conviction for Growing Marijuana

Penalties are based on the number of marijuana plants involved. Regardless of the number of plants, the penalties increase for manufacturing marijuana near a school, drug treatment facility or other drug-free zone.

• 1-4 plants. If convicted, as this would be a Class I felony, the possible sentence is up to 3.5 years in prison and a fine of up to $10,000.
• 5 to 20 plants. If convicted, as this would be a Class H felony, the possible sentence is up to 6 years in prison and a fine of up to $10,000.
• 21 to 50 plants. If convicted, as this would be a Class G felony, the possible sentence is up to 10 years in prison and a fine of up to $25,000.
• 51 to 200 plants. If convicted, as this would be a Class F felony, the possible sentence is up to 12 years in prison and a fine of up to $25,000.
• More than 200 plants. If convicted, as this would be a Class E felony, the possible sentence is up to 15 years in prison and a fine of up to $25,000.
• Drug-free zone. In addition to the penalties described above, if you are convicted of cultivating marijuana within 1,000 feet of a school, youth center, public park, pool, housing project, jail, or drug treatment facility your sentence may include up to an additional 5 years of prison. Wis. Stat. Ann. § 961.49