For drivers facing OWI (operating while intoxicated) charges, Wisconsin has unique and often surprising laws, especially when it comes to THC. With neighboring states allowing legal marijuana use, many people are unaware that Wisconsin enforces a strict zero-tolerance policy for THC presence while driving. This means that even trace amounts of THC in your system can lead to an OWI arrest, regardless of whether you are impaired or not.
If you're traveling through Wisconsin or are a resident using THC legally in another state, understanding this zero-tolerance policy is critical. At Nero DUI Defense, we specialize in handling OWI cases and provide compassionate, straightforward legal guidance to drivers facing THC-related charges. With years of experience in Wisconsin’s courtroom system, we’re here to help you find answers, build a strong defense, and regain your sense of security.
Contact Nero DUI Defense today to schedule a free consultation for your case to explore your legal options. We are committed to offering the insights, reassurance, and strong representation you need to move forward.
Can You Get an OWI in Wisconsin for THC Without Being High?
Yes, you can be charged with an OWI in Wisconsin for THC even if you are not impaired, and this often comes as a shock to drivers unfamiliar with the state's laws. Many out-of-state drivers assume that legal marijuana use in neighboring states like Michigan or Illinois won’t cause issues if they are simply passing through Wisconsin. However, Wisconsin’s zero-tolerance policy for THC in a driver’s system means that even trace amounts of THC metabolites can result in an OWI arrest, even if you used cannabis legally days earlier and are not under the influence while driving. Under Wisconsin law, the rules surrounding THC and OWI are strict and enforceable.
What You Should Know About Wisconsin’s Zero Tolerance Policy
THC detection is enough. Wisconsin law does not require proof of impairment. If a chemical test identifies THC or its metabolites in your system while you are behind the wheel, you may face OWI charges. No distinction for legal out-of-state use, even if you consumed cannabis legally in another state, driving in Wisconsin with THC in your system can lead to charges. Penalties are significant and may result in fines, license suspension, a permanent criminal record, and other long-term consequences.
Awareness of these regulations is key when traveling within Wisconsin. By recognizing the state’s strict zero-tolerance guidelines, drivers can better prepare and avoid situations that might lead to unforeseen legal complications.
Legal THC Products Can Still Lead to Criminal Charges
Many people assume that legally purchased cannabis products, such as edibles or vape cartridges, are safe to use as long as they follow the law in the state where they bought them. However, this assumption can become a costly mistake when crossing into Wisconsin. Even though these products may be legal in places like Illinois, Michigan, or elsewhere, Wisconsin’s strict zero-tolerance policy means that any detectable amount of THC in your system can lead to an OWI charge, regardless of where or when the product was consumed. This risk extends to products that are ingested or metabolized differently, like edibles, which can leave trace amounts of THC in your body for days after consumption.
The Legal Risk of Edibles and Other Cannabis Products
Edible products, in particular, have a slower metabolism rate because they are absorbed through the digestive system. This means that a gummy or brownie consumed legally in another state may still be traceable in your blood or urine when you drive in Wisconsin, even if you consumed it days ago and feel completely sober. This lack of correlation between impairment and testing can lead to unfair and unexpected legal battles for drivers who believed they were following the law.
Wisconsin vs. Minnesota: Key Differences in THC and Driving Laws
Wisconsin and Minnesota take very different approaches to THC and driving laws, with Wisconsin having a much stricter stance. While Minnesota has legalized recreational cannabis and allows the use of marijuana under certain conditions, Wisconsin enforces a zero-tolerance policy for drivers.
Minnesota’s Approach: Impairment Matters
- Requires proof of impairment for a driving-related cannabis charge.
- Recreational cannabis is legal, and adults can purchase and use it under state guidelines.
- Drivers need evidence showing unsafe driving behavior caused by THC use to be charged.
- Provides clearer legal protections for individuals using cannabis responsibly.
Why Wisconsin’s Law is Stricter
- Enforces zero tolerance for THC or its metabolites in your system while driving.
- Cannabis use remains fully illegal, both recreationally and medically.
- Drivers can be penalized if a positive THC test is detected, regardless of impairment.
- Offers no legal protection for those who use cannabis legally in other states.
With some of the strictest marijuana and driving regulations in the United States, Wisconsin takes a firm stance against cannabis use. While other states have legalized or reduced penalties for recreational marijuana, Wisconsin upholds a total ban on its use. This unwavering policy underscores the importance of staying informed and exercising caution for anyone traveling or driving in the state.
What to Do If You’re Facing THC and OWI Charges in Wisconsin
If you or a loved one is dealing with THC and OWI charges in Wisconsin, it’s critical to have an experienced and focused attorney on your side. At Nero DUI Defense, DUI is all we do. Our law firm is dedicated solely to OWI and DUI defense, and we deeply understand the specialized strategies needed to tackle these complex cases.
How Nero DUI Defense Can Help
Every story matters to us, and we commit the time and attention your case deserves. From investigating evidence to tailoring a defense strategy for court, we fight relentlessly to deliver the best possible outcome for you. With a proven track record of success, we know what works and how to use those approaches effectively should your case go to trial. When your future is on the line, trust the team that’s built to win.
Contact Nero DUI Defense today to build a strong defense focused entirely on protecting your rights and freedom.
