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The State Laws of Wisconsin

The State Laws of Wisconsin


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.  If you need legal advice and assistance, contact Wisconsin lawyers.

Wisconsin Abortion Laws

Within the state of Wisconsin, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Wisconsin state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Wisconsin

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Wisconsin, public funds may be used for abortions only in the case(s) of sexual assault and incest

•    Individuals other than an accredited professional who perform abortion procedures are considered to be acting in contrast with the law and can be punished with 3 years’ incarceration and fines reaching upwards of $5,000; in the event that the mother or fetus die within an illegal abortion procedure, penalties can include 15 years’ incarceration – mothers performing unlawful abortions on themselves may be punished with 6 months’ incarceration and $200 fines

Wisconsin Marijuana Laws

Within the state of Wisconsin, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Wisconsin State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Wisconsin:

Possession/Under the Influence of Marijuana

1.    Any amount (first-time offense)

•    Penalty: 6 months’ incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Any amounts (second-time offense)

•    Penalty: 3 ½ years’ incarceration

•    Fines: $10,000

•    Classification: Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia 

1.    Amount: 0 – 200 grams

•    Penalty:3 ½ years’ incarceration

•    Fines: $10,000

•    Classification: Felony

2.    Amount: 200 – 1,000 grams

•    Penalty: 6 years’ incarceration

•    Fines:$10,000

•    Classification: Felony

3.    Amount: 1,000 – 2,500 grams

•    Penalty:  10 years’ incarceration

•    Fines:$25,000

•    Classification: Felony

4.    Amount: 2,500 – 10,000 grams

•    Penalty: 12 ½ years’ incarceration

•    Fines:$25,000

•    Classification: Felony

5.    Amount: 10,000 – more grams

•    Penalty: 15 years’ incarceration

•    Fines:$25,000

•    Classification: Felony

Medical Marijuana

Within the state of Wisconsin, Medical Marijuana is considered to be illegal both for patient use and cultivation

Wisconsin DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Wisconsin:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Wisconsin, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Wisconsin, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Wisconsin, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

•    Upon a third-time offense, mandatory alcohol counseling may be instituted upon court mandating(s)

Wisconsin Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Wisconsin, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons or individuals who have been in long-term care in a mental health facility is illegal in the state of Wisconsin;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm is 48 hours within the state of Wisconsin

•    Current listing or report of forearms considered to be illegal in the state of Wisconsin: Machine guns, short-barreled shotguns, silenced weaponry

•    Legal Codes: 175.35; 941.26 (Wisconsin gun laws), 948.605 (the prohibition of firearms within a school zone)

Wisconsin Adoption Laws

In the state of Wisconsin, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child:

•    Within the state of Wisconsin, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 12 must be present at the adoption hearing

•    Within the state of Wisconsin, the Department of Health and Social Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 40 days’ time subsequent to the adoption

Wisconsin Employment and Labor Laws

•    Within the state of Wisconsin, the minimum wage is $6.50 awarded per hour of labor; overtime pay is enacted subsequent to 40 hours worked during a single week

•    State Holidays are listed as New Year's Day, Martin Luther King, Jr.'s Birthday, President's Day; Good Friday, Memorial Day, Independence Day; Labor Day, September Primary Elections, Columbus Day, November Elections, Veterans Day, Thanksgiving, and Christmas

•    Within the state of Wisconsin, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment; the Department of Labor will investigate claims subsequent to their filing

Wisconsin Divorce Laws

Within the state of Wisconsin, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to residence no less than 6 months’ time within the state of Wisconsin; divorce claims can only be filed subsequent to 120 days of marriage

•    ‘No Fault’ divorce does exist on the grounds of irretrievable breakdown

Wisconsin Death Penalty Laws

Within the state of Wisconsin, Capital Punishment – or the Death Penalty – is not allowed

Wisconsin Gambling Laws

Within the state of Wisconsin, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Wisconsin

Wisconsin Child Laws

Within the state of Wisconsin, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision