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Milwaukee, WI drug possession defense lawyer

By Jason Luczak, Brianna Meyer and Ray Dall’Osto  

With the changing climate of each state’s laws and regulations regarding drugs, particularly marijuana, it is crucial to know your state’s laws to avoid criminal charges, high fines, and potential jail or prison time. Marijuana possession, use, and distribution remains illegal in Wisconsin, unlike several of its surrounding neighbors.


Milwaukee drug charges defense lawyer CBD oilLast December, President Trump signed into law the Agricultural Improvement Act of 2018, which legalized the growing and use of hemp. In Wisconsin, this new bill has had a significant effect by allowing many new hemp-based products to be sold off-the-shelf, including products which were once classified as illegal drugs. CBD oil is one of the most popular of these products and is now available to be sold legally in Wisconsin. While CBD oil and marijuana share some similarities, there is a clear and definable difference between the two.

What Is CBD Oil, and Why Do People Use it?

CBD oil is also known as cannabidiol, and it is derived from hemp. However, CBD oil has low levels of THC and does not cause a person to become intoxicated after use, unlike marijuana. While this might seem to defeat the purpose of using a hemp-based product, the product has become increasingly popular for the many benefits it provides. CBD oil is often used when treating inflammation, anxiety, and the easing of pain. It is also becoming more popular as an ingredient in everyday items such as lotions, dietary supplements, and even in food and beer.

Does This Mean Marijuana Is Legal in Wisconsin?

While many hemp-based products are now legal, marijuana is considered a controlled substance under federal law, and it is still illegal in the state of Wisconsin. This means that you can still face criminal charges for possessing or selling marijuana. Even though CBD oil is legal in Wisconsin, using it as an ingredient still requires authorization from the Food and Drug Administration (FDA). 


Milwaukee, WI drug crimes lawyer

When many people think of drug possession charges, marijuana, cocaine, methamphetamine, and heroin come to mind. However, illegal drugs are not the only ones illegal to possess. The demand for prescription drugs is high as well. Drugs like Vicodin, OxyContin, Adderall, Xanax, Valium, Ambien, and Zoloft are often sold at high prices to those without a prescription.

In the case of OxyContin, many people have become addicted to this opioid drug. Once someone who is addicted can no longer find a source for the prescription opioid or can no longer afford it, they often turn to heroin, which produces similar effects in the body. 


Milwaukee marijuana charges defense lawyerMany states in this country have made medical marijuana legal, and some have also legalized the drug for recreational use. In Wisconsin, marijuana possession is still a crime. However, the state does make some exceptions for those with medical conditions.

To possess marijuana for medical purposes in Wisconsin, the marijuana must be non-psychoactive medical CBD oil. In addition, you must have a letter from your doctor authorizing your use.

History of Medical Marijuana Laws in Wisconsin

In 2014, Wisconsin passed its first version of a medical marijuana law. This law only allowed those with seizure disorders to use marijuana, and the marijuana that was legal was a non-psychoactive version. Under the law, it was also a requirement that patients have a written recommendation from a doctor.


drug crimes, drug possession, drug possession conviction,  possession of a controlled substance, Milwaukee criminal defense attorneyThe state of Wisconsin treats drug crimes very seriously. While drug distribution or trafficking can result in lengthy jail sentences or extensive fines, simply being in possession of an illegal drug (known as a controlled substance) can also lead to severe punishments. Those who are facing drug charges for possession should be sure to understand how Wisconsin laws affect them.

Penalties for Drug Possession

Under Wisconsin law, it is illegal to possess or attempt to possess a controlled substance, unless a person has a valid prescription or is legally authorized to possess the drug in question. Controlled substances are grouped into different “schedules” depending on their potential for abuse and their accepted use for medical treatment.

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