DA’s Corner by Waushara County District Attorney Scott Blader

As printed in the Waushara Argus, Published by Wautoma Newspapers, Inc. Wednesday, September 1st, 2010. Vol. 151 No. 35  www.wausharargus.com

DA’s Corner

By Waushara County District Attorney Scott Blader

The views expressed in this column are not certified legal opinions.  Professional legal advice should be sought on specific legal concerns.

By now, many in the general public have become familiar with the ongoing discussion and dispute in Madison on whether marijuana should be legalized of medical purposes.  Despite this debate, citizens need to be aware that no change has been made in the law and the possession of marijuana remains illegal in the State of Wisconsin.  A brief review of Wisconsin’s current drug laws may help clarify any confusion that may exist by this recent debate:

1)  Possession of marijuana, in any amount, is a criminal misdemeanor punishable by up to six months in jail per Wisconsin Statue 961.41(3g)(e).

2)  A second conviction for marijuana possession converts the offense to a felony offense punishable by prison time.  It does not matter when the prior conviction occurred.

3)  Delivery of Marijuana is a felony offense punishable by prison time under Wisconsin Statue 961.41.  “Delivery” has been defined to include transfers of marijuana regardless of whether money was exchanged.  Accordingly, a defendant may be charged with Delivery of Marijuana if he or she transfers the same regardless of whether or not money is exchanged.

4)  Delivery of Marijuana and Paraphernalia by an adult to a minor is punishable by a felony offense.  The simple transfer of a marijuana pipe or drug paraphernalia to a minor can be punishable by up to nine months in the county jail.

5)  Driving a motor vehicle with any detectable amount of marijuana/THC in a motorist’s blood is illegal and the motorist may be charged with OWI / DUI.  The simple ingestion of marijuana is not as benign as some may think.  Recent studies have suggested that the consumption of marijuana together with alcohol has a compounding impairment effect.  Specifically, recent studies have suggested that when taken together, alcohol and marijuana may more than double their impairing effects on the body.  Accordingly, someone who smokes marijuana and then drinks alcohol may be charged with impaired driving despite the fact they are below the legal alcohol limit.

While the debate continues in Madison, citizens must be advised that the laws stated above remain in full force and effect.  Despite what your opinions may be, Wisconsin continues to criminalize marijuana possession as a means of ensuring that this dangerous drug is not disseminated to our children and other vulnerable persons.  Marijuana remains an important “gateway drug” which oftentimes begins a life-long addiction to controlled substances for many persons.  Understanding the laws surrounding the substance is the first step towards avoiding legal mishap for the unwary.

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