Marijuana Defense

Defending Marijuana Charges: Possession, Trafficking, Distribution, Cultivation

Some states have decriminalized minor possession of marijuana or allow it for medical use, but the substance remains illegal in Wisconsin with the exception of a narrow medical use case. If you are charged with a marijuana offense in Wisconsin, you still face the prospect of heavy penalties. To help protect your rights, talk to our experienced marijuana defense attorneys at Cafferty & Scheidegger.

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.

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.

Why Choose Cafferty


Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine federal criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at ‪(262) 632-5000.


We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

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Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 through 2022. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 28 years of trial skills and courtroom experience.

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