However, a paraphernalia conviction in WI would operate as a prior drug offense because the offense is listed in the same chapter of the statutes, Ch. 961. The WI Supreme court has repeatedly noted that they will not apply the rule of lenity where the legislative intent is clear. With those two considerations in mind I would second attorney Missimer's advice and/or recommend moving to one of the more progressive counties where the district attorneys have opted not to charge simple possession of marijuana criminally as a matter of policy.