Go to Homepage
330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP



Subscribe to this list via RSS Blog posts tagged in marijuana

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 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.

Wisconsin defense attorney, Wisconsin criminal lawyer, drug distributionThroughout the United States, each state has enacted laws that make it unlawful to possess, distribute or manufacture illegal drugs. These substances include marijuana, cocaine, heroin, methamphetamines, and various other drugs. Also, an individual could be charged with drug distribution if he or she is engaged in the illegal distribution of prescription drugs, the most common being painkillers or sleeping pills. The punishment for possession is much more lenient than that of distribution or manufacturing. These punishments depend on a variety of factors, such as the type and amount of drug, geographic area and groups targeted for the distribution of illegal drugs. The terms of punishment can range from a couple of years in prison to life imprisonment. Possession of a small amount of a drug, such as marijuana, is usually only a misdemeanor. However, charges related to drug trafficking, distribution and manufacturing are commonly considered felonies and lead to more serious fines and prison time. If you are found in possession of a substantial amount of drugs, there is a possibility you could be charged with intent to distribute if the police believe you were in a position to sell them to other people. This is also true if you are found with a limited amount of drugs and a significant amount of cash. If you are facing charges related to drug trafficking, it is important to remember that state and federal laws almost always come into play. Most state laws are modeled after federal laws and there are mandatory minimum punishments depending on the type and amount of drug involved. Although lawmakers passed these harsh laws to deter major drug distributors, petty drug dealers are too often the ones to be prosecuted. Drug-Related Arrests in Wisconsin According to the Wisconsin Department of Justice, there were a total of 340,893 arrests across the state in 2012 (See “Arrests in Wisconsin 2012”). Drug arrests accounted for 27,345, and 83 percent of these arrests were related to possession charges. A first-time offense related to the possession of marijuana carries a $1,000 fine and possibility of six months in prison. A list of substances regulated by the state of Wisconsin can be found here and felony classifications can be found here. Depending on the circumstances of your case, the state or federal prosecutor can determine whether or not you had the intent to sell or manufacture illegal drugs. The typical indicators are amount of drug, type of drug, geographical location, and presence of distribution paraphernalia (baggies, scales, etc). Let Our Attorneys Defend You in Your Case The possible punishments, regardless of the drug trafficking charges, are far too serious to consider taking care of on your own. You should contact an experienced Milwaukee criminal defense attorney to help you fight the charges every step of the way.


Back to Top