Can You Go to Jail for Having Marijuana Paraphernalia - Carlos Gamino

By Carlos Gamino

If you’re caught with marijuana paraphernalia, like rolling papers, a pipe or a bong, you could end up in serious legal trouble. Just how much trouble you get into depends on the specifics of your case.

Can You Go to Jail for Having Marijuana Paraphernalia?

Generally, possession of marijuana paraphernalia is a misdemeanor under Wisconsin law. You can go to jail if you’re convicted of a misdemeanor – in fact, you can be locked up for up to a year – and the court can order you to pay fines, as well. (On a related note, if you have drug paraphernalia that relates to meth use, you could be facing a felony. Felonies have more serious criminal penalties than misdemeanors do.)

What Does the State Have to Prove?

In order to convict you of a paraphernalia possession charge, the state has to prove beyond a reasonable doubt that you:

  • Were in possession of an object
  • That the object is drug paraphernalia
  • You possessed the paraphernalia with the intent to use it to ingest, inhale or introduce a controlled substance into your body

What Are the Consequences of Having Marijuana Paraphernalia?

If you’re convicted of a misdemeanor, the court can fine you and send you to jail for up to 30 days. However, this is separate from any drug charges you might have. That means if you had drugs and the paraphernalia, you’re facing separate charges – and each will have its own penalties.

Are You Worried That You’ll Go to Jail for Having Marijuana Paraphernalia?

If you’ve been arrested for possessing marijuana paraphernalia, or if you were arrested for another crime and charged with possession of paraphernalia, we may be able to help you. Call us at 414-383-6700 to schedule your free consultation today.

Carlos Gamino