Wisconsin Statutes
Wis. Stat. § 961.47 (2026)
Conditional discharge for possession or attempted possession as first offense
✓ current as of July 2026
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961.47(1)(1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.
961.47(2)(2) Within 20 days after probation is granted under this section, the clerk of court shall notify the department of justice of the name of the individual granted probation and any other information required by the department. This report shall be upon forms provided by the department.
961.47 HistoryHistory: 1971 c. 219; 1985 a. 29; 1989 a. 121; 1991 a. 39; 1995 a. 448 s. 285; Stats. 1995 s. 961.47.
961.47 AnnotationA disposition of probation without entering a judgment of guilt was not appealable because there was no judgment. If a defendant desires either a final judgment or order in the nature of a final judgment for appeal purposes, the defendant has only to withhold consent. State v. Ryback, 64 Wis. 2d 574, 219 N.W.2d 263 (1974).
961.47 AnnotationThe reference to s. 161.41 (3) [now s. 961.41 (3g) (b)] in s. 161.47 (1) [now sub. (1)] means that proceedings may only be deferred for convictions for crimes encompassed by s. 161.41 (3) [now s. 961.41 (3g) (b)]. State v. Boyer, 198 Wis. 2d 837, 543 N.W.2d 562 (Ct. App. 1995), 95-0624.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2000–2024 · leading case: State v. Hughes, 2000 WI 24 (Wis. 2000).
State v. Hughes, 2000 WI 24 (Wis. 2000). “Wis. Stat. § 961.47 (1). ¶ 64. Indeed, shortly after the events transpired in this case, the City of Milwaukee enacted an ordinance decriminalizing the possession of 25 grams or less of marijuana.”
State v. Davis, 2001 WI 136 (Wis. 2001). “, Wis. Stat. §§ 961.47 (1), 968.02(2), 970.”
State v. Wollenberg, 2004 WI App 20 (Wis. Ct. App. 2003). “13 (1) states that a "judgment of conviction shall be entered" upon a defendant's no contest plea; (2) Wis. Stat. § 961.47 , the Uniform Controlled Substances Act, authorizes a trial court to defer a judgment and this explicit grant of power is unnecessary if the trial court has…”
State v. White, 2004 WI App 78 (Wis. Ct. App. 2004). “Under Wis. Stat. § 961.47 , a person is not eligible for deferral if he or she has been previously convicted of a drug crime.”
State v. Gnewuch, 316 Neb. 47 (Neb. 2024). “§ 60A-4-407 (LexisNexis 2005); Wis. Stat. Ann. § 961.47 (West 2023); Wyo.”
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