SHAWANO, WI- In Shawano County, a citation for marijuana possession results in a $150 fine plus fees, but a second state conviction elevates the offense to felony status. This policy was discussed at the Feb. 5 Public Safety Committee meeting after Supervisor Randy Young brought up concerns from a local resident.
Young said a woman contacted him, upset that her son had been made a felon after being stopped on State Highway 29. The deputy reportedly found a small amount of marijuana in his pocket, and since it was his second offense, the conviction led to a felony charge.
Shawano County Sheriff’s Capt. Nick Prey explained that felony charges only apply to state offenses, not local ordinance violations. Municipalities like Shawano, Bonduel, and Tigerton have local ordinances for small marijuana possession that result in fines rather than criminal charges.
Sheriff George Lenzner noted that while marijuana remains illegal, officers are focusing more on serious drugs like fentanyl and methamphetamine.
Prey outlined how deputies decide between issuing a citation or pursuing criminal charges. Typically, possession of less than half an ounce results in a ticket if the individual has no prior offenses. Possession of up to an ounce is left to the officer’s discretion, while anything over an ounce often leads to an arrest. Additional factors such as cooperation, prior offenses, or other criminal activity influence the decision.
Prey also noted that the District Attorney’s Office may pursue criminal charges for even small amounts of marijuana if a suspect is also charged with another offense, such as bail jumping, to use it as part of plea agreements.
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