Defending Marijuana Charges: Possession, Trafficking, Distribution, Cultivation
Despite recreational legalization in Illinois, Michigan, and Minnesota, marijuana remains a Schedule I controlled substance under Wisconsin law in 2026. The legislature has rejected legalization proposals in every budget cycle, most recently in Governor Evers’ 2025–2027 budget. A limited CBD-only medical framework under Wis. Stat. § 961.34 remains the only carve-out. Full context at our Wisconsin marijuana laws page and the 2026 reference guide.
If you are charged with a marijuana offense in Wisconsin, you still face the prospect of heavy penalties, federal-firearm disabilities, and immigration consequences. Talk to our experienced marijuana defense attorneys at Cafferty & Scheidegger before you make any statement to police or prosecutors.
Merely possessing any quantity of marijuana can result in up to six months in jail and a $1,000 fine. For a second offense, your legal situation is even more dangerous. You could be charged with a felony carrying penalties of up to 3½ years in prison and a $10,000 fine. Sentences grow more severe, depending on the offense, with tougher terms reserved for growing or selling marijuana.
A marijuana conviction can have a serious impact on your life. We understand your situation and will stand up for you.
At Cafferty & Scheidegger, your case will be in the hands of a seasoned professional with an impressive track record. Don’t take chances with your freedom. Contact us today for a free consultation about your marijuana defense. We’ll help you understand the charges and review your options. Above all, we’ll work to make sure you are treated fairly by the criminal justice system.
The Governing Wisconsin Statute
Marijuana (technically tetrahydrocannabinols, or THC) is a Schedule I controlled substance under Wis. Stat. § 961.14. Possession, manufacture, distribution, and delivery are prohibited by Wis. Stat. § 961.41.
A first offense for simple possession is a Class U misdemeanor punishable by up to six months in jail and a $1,000 fine. A second or subsequent possession conviction is a Class I felony carrying up to three and a half years in prison and a $10,000 fine. Possession with intent to deliver, or actual distribution, escalates through Class I, H, G, F, and E felonies depending on weight.
The State must prove the accused knowingly possessed the substance and, for distribution charges, an intent to deliver. Knowledge and possession are both regularly contested. Fourth-Amendment challenges to how the marijuana was discovered, whether the arresting officer had probable cause, and whether a search warrant was properly executed are the most productive areas for a skilled defense attorney.
Defenses for Marijuana Charges
Cafferty & Scheidegger is familiar with the complex drug laws of Wisconsin. Being charged with a drug offense does not mean you are guilty. You have the right to a vigorous defense, regardless of the specifics of your case.
Lack of Probable Cause
Cases vary with regard to the amount of marijuana at issue and the conduct of law enforcement. In an effort to make a drug bust, it is possible that law enforcement violated your rights. You are protected from being arrested without probable cause, for example.
Are you a victim of a rights violation? Let our firm evaluate your marijuana defense case and determine whether law enforcement made an error at any stage in your case, including the initial police stop, the search and the arrest.
Illegal Search and Seizure
A small or large amount of marijuana may have been seized from your person, your car, your home or another location. You have the right to be protected from an illegal search and seizure, and if police overstepped the bounds of the law, your case could be dismissed. We’ll review the facts before your case progresses any further through the justice system.
Invalid Search Warrants
Law enforcement must obtain a search warrant to search your home, office or other location under your control. Any search warrant needs to be carefully analyzed for legal errors.
For example, a warrant that was based on evidence provided by an anonymous source may be questionable. Or a search warrant could be invalid if law enforcement exceeded the actual scope of what the search warrant allowed. Perhaps the warrant was no longer valid and was not executed within a reasonable period of time after issuance. All of these factors must be evaluated.
Marijuana defense – Wrongful Arrest
There are several ways that you could be charged with a marijuana offense. But essentially the prosecution must prove that you knew you were in possession of the marijuana, regardless of whether the substance was found on your person or in an area thought to be under your control, such as your car or office or other location.
A prosecutor may lack evidence to prove beyond a reasonable doubt that you were aware of its presence or had anything to do with it. Even if law enforcement officers say they found drugs on your person, the charge may not stand up, depending on the circumstances. You may not have been aware that the marijuana was in your pocket– another person may have placed it there or you may have borrowed the garment.
If you are accused of a crime involving marijuana, you need to talk to a lawyer right way. The stakes are high, and we’re genuinely eager to help you. You can count on our team to be your trusted advocate.
Related Marijuana and Drug Pages
- Wisconsin marijuana laws and charges (2026 update), penalty tiers, Delta-8 gray area, federal Schedule III status.
- Marijuana grow operations, cultivation charges under § 961.41.
- Is weed legal in Wisconsin? (2026 reference guide), plain-English explainer.
- Cocaine charges
- Methamphetamine charges
- Heroin defense
- Fight a drug possession charge
- Federal drug conspiracy
- Drug charges hub
