Kuehn and Flitcroft

​​Criminal, divorce and family law attorneys

Marijuana Crimes

Marijuana attorneys are attorneys who focus their legal practice on drug crimes. Although marijuana seems like a "minor" drug to many people, a conviction for a marijuana-related crime can cause significant trouble for you, not only today, but the rest of your life.  Wisconsin, through Wis. Stat. 961.41, and the federal government have laws with harsh penalties for marijuana-related crimes such as:possessing growing (aka manufacturing) transporting distributing, and selling marijuana.

A Marijuana Attorney's Role

A criminal defense lawyer's work on the behalf of an accused individual can make a great deal of difference in the outcome of a case. The skills, knowledge and experience of a marijuana defense attorney will be put to use to protect your rights and minimize the negative consequences of the charges.A marijuana lawyer can challenge the circumstances of your arrest, interrogation or the investigation. The attorneys at Kuehn & Flitcroft can be present at an interrogation, if contacted soon enough, and consistently review the law surrounding arrest and investigation.  With that expertise, we will work to get the marijuana charge(s) reduced or dismissed. If a plea bargain is appropriate and beneficial, we will explain such options to you, but it is always the client's decision to proceed to trial.At Trial, there are various defenses that can be pursued.  

Such examples are:

Was there a medical need (while Wisconsin does not allow for medical marijuana use, there is a defense of necessity),
Did the person truly possess the illegal drug, or
Qas the person set up by a snitch so that the snitch can get out of trouble.

​ All of these defenses and many others could be used in your case if the facts present themselves. For example, a prosecutor (whether state or federal) makes the decision of whether to issue a felony or a misdemeanor charge of marijuana possession based not only on the amount of marijuana found, but also how it is packaged.  If it's relatively small (i.e., less than an ounce), the accused may be eligible for a dismissal of the charge or just the payment of a fine.  We have had cases where three 1/8 oz bags of marijuana were recovered, and the person was charged with Possession of Marijuana with the Intent to Deliver.   A marijuana defense attorney can tell a client what he or she can expect from the state or federal criminal justice process.

I am charged with Delivery of Marijuana, but I only have a little bit. WHY?

​The first thing to know is that, legally speaking, delivery of marijuana means that you gave it to someone, not that you sold it.  A classic example, and one we have seen many times, has been concert-goers at Alpine Valley passing a marijuana joint amongst a group.  When you hold the joint, it is possession; when you pass it to the person sitting next to you, it is delivery; when you are the fifth person in a group of ten where the joint is being passed down the line, and you have not passed it yet, it can be charged as possession with the intent to deliver.  Often in Walworth County if you have more than a small amount, or if it is individually packaged, it is charged as possession with intent to deliver.

​At Kuehn & Flitcroft, we are experienced with defending possession with intent to deliver marijuana cases.

Penalties for Marijuana Offenses

The potential penalties for marijuana crimes include:

jail or prison time
electronic monitoring 
forfeiture of property 
community service 
drug counseling 
work release 
loss of your ability to obtain financial aid for college 

Factors Affecting Marijuana Penalties

​There are many factors to affect the charges that may be issued in your case, such as the amount of the marijuana involved, and:age - are you an adult or a minor, your criminal record, or lack of one, prior drug convictions or arrests, whether the marijuana was still being grown or processed for use, whether any minor was involved whether you had in your possession drug paraphernalia, like scales or baggies, or a large amount of cash.

At Kuehn & Flitcroft, we stand ready to provide you with the best possible defense.