Marijuana Crimes & Defense
Get the Legal Guidance You Need From a Trusted Marijuana Defense Attorney in Wisconsin
Understanding Marijuana Laws in Wisconsin
While some states have legalized recreational marijuana, Wisconsin still imposes strict penalties for possession, distribution, and cultivation. Even first-time offenders can face criminal charges, fines, and potential jail time.
At Gerard Law Firm, we fight to protect your rights and minimize penalties for marijuana-related offenses. Whether you are facing simple possession charges or accusations of intent to distribute, we provide aggressive legal defense tailored to your case.
Why Choose Gerard Law for Your Marijuana Case?
Marijuana laws in Wisconsin are complex, with penalties varying based on location, amount, and prior offenses. Some cities have decriminalized small amounts, but statewide laws remain harsh.
At Gerard Law Firm, we help clients:
Fight possession and distribution charges
Challenge illegal searches and seizures
Pursue reduced charges or dismissal
Navigate Wisconsin’s marijuana laws with confidence
Our firm understands the issues surrounding marijuana cases and will work to protect your rights.
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At Gerard Law Firm, we have a history of success in representing clients across various legal matters. Our results speak for themselves, showcasing our ability to secure favorable outcomes in even the most challenging cases.
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We understand that every legal case is unique. That's why we offer personalized attention to each client, ensuring that your specific needs and concerns are addressed. Attorney Benjamin Gerard takes the time to get to know you and your case, providing tailored legal strategies that work for you.
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Gerard Law Firm is deeply rooted in southeastern Wisconsin. Our familiarity with the local courts, judges, and legal procedures in Delavan, Lake Geneva, Janesville, and surrounding areas gives us a distinct advantage. This local expertise allows us to navigate the legal landscape efficiently and effectively, providing you with the best possible representation.
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We are dedicated to providing high-quality legal services that exceed our clients' expectations. From our initial consultation to the resolution of your case, we strive for excellence in everything we do. Our commitment to excellence ensures that you receive the best legal representation available.
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At Gerard Law Firm, our clients are our top priority. We believe in open communication, transparency, and building strong attorney-client relationships. Our client-focused approach means that you can trust us to be responsive, accessible, and dedicated to achieving the best outcome for your case.
Possession of Marijuana
In Wisconsin, possession of any amount of marijuana is illegal statewide. First-time offenses are usually misdemeanors, but repeat offenses can lead to felony charges. We help fight possession charges and seek alternative sentencing options when possible.
Marijuana-Related Legal Defense Services We Offer
Possession with Intent to Distribute
If law enforcement believes you intended to sell or distribute marijuana, you could face felony charges. This is often based on amount, packaging materials, or the presence of cash and paraphernalia. We aggressively challenge weak evidence and improper police procedures.
Marijuana Paraphernalia Charges
Possession of bongs, pipes, rolling papers, or other marijuana-related items can lead to separate criminal charges. Even without marijuana present, paraphernalia charges can still result in fines and a criminal record.
Driving Under the Influence of Marijuana (OWI-Drug Cases)
Wisconsin has strict zero-tolerance laws regarding THC in a driver’s system. Even if you consumed marijuana legally in another state, having THC in your bloodstream while driving in Wisconsin can lead to OWI charges. We fight to challenge field sobriety tests and question the accuracy of THC blood testing.
Felony Marijuana Cultivation & Distribution
Growing or distributing marijuana in Wisconsin carries severe penalties, including prison time. Even small-scale cultivation can result in felony charges. We build strategic defenses for clients accused of illegal marijuana production.
Expungement of Marijuana Charges
Some first-time marijuana offenses may be eligible for expungement, allowing you to clear your criminal record. We assist clients in petitioning for record sealing and alternative sentencing.
The Marijuana Charges Process in Wisconsin
Navigating marijuana-related charges requires understanding how Wisconsin law handles possession, distribution, and paraphernalia cases. Here’s what to expect if you are arrested for a marijuana-related offense:
Step 1: Arrest & Initial Charges
Police may arrest you for possession, paraphernalia, or OWI-drug offenses based on:
Smell or visible marijuana in a vehicle or on your person
THC blood test results
The presence of paraphernalia or large amounts of cash
Step 2: Initial Court Appearance & Bail Hearing
You will be required to appear in court, where the judge will set bail and outline the charges against you. Our firm fights for low or no bail to keep you out of custody.
Step 3: Reviewing the Evidence & Legal Defenses
We conduct a detailed case review, focusing on:
Illegal search and seizure violations
Inaccurate THC testing procedures
Entrapment or police misconduct
Step 4: Negotiating or Fighting the Charges
Depending on the circumstances, we may:
Seek dismissal based on weak evidence
Argue for reduced charges (such as a citation instead of a misdemeanor)
Fight for alternative sentencing to keep charges off your record
Step 5: Trial or Case Resolution
If your case goes to trial, we build an aggressive defense to challenge unlawful police actions, faulty evidence, and unreliable witnesses. In many cases, we secure plea deals or alternative sentencing to reduce penalties.
Common Questions About Marijuana Charges in Wisconsin
Is marijuana legal in Wisconsin?
No. Wisconsin has not legalized recreational marijuana, and possession remains illegal under state law. Some local cities have decriminalized small amounts, but statewide penalties still apply.
Can I get a felony for marijuana possession?
Yes. While first-time possession is usually a misdemeanor, repeat offenses or possession of large amounts can lead to felony charges.
What happens if I’m caught with weed in my car?
Possession in a vehicle can result in criminal charges. If officers smell marijuana or see paraphernalia, they may search the car without a warrant.
Can I be charged with OWI for marijuana use?
Yes. Wisconsin has zero tolerance for THC in a driver’s system. Even if you are not impaired, having THC in your bloodstream while driving can result in OWI charges.
Can I get my marijuana charge expunged?
Possibly. Some first-time offenses may qualify for expungement, but felony charges are much harder to remove from your record.
Need Legal Help With a Marijuana Charge?
A marijuana arrest does not automatically mean a conviction. At Gerard Law Firm, we fight to protect your rights and reduce or dismiss charges whenever possible.