Felony exposure often comes from allegations of delivery or intent to deliver, prior history, or other case-specific factors. The details matter, and the evidence should be tested.
Marijuana Charge Attorney
Marijuana charges in Racine, Kenosha, and throughout Wisconsin can carry serious consequences, even as laws continue to change in neighboring states. While some states have legalized recreational or medical marijuana, Wisconsin still prohibits marijuana possession and distribution except for limited CBD-related exceptions. A conviction can result in fines, jail time, and a permanent criminal record.
Racine Defense represents clients facing marijuana charges with a trial-ready approach and a focus on the traffic stop, the search, and the evidence. We carefully examine whether law enforcement followed proper procedures and challenge weak evidence whenever possible to protect your rights and pursue the best possible outcome.
The Basics Of Marijuana Charges In Wisconsin
A marijuana case usually starts one of three ways: a traffic stop, a complaint call, or a search during another investigation. Even small amounts can lead to tickets, criminal charges, or court supervision depending on the circumstances and your history.
Many people assume marijuana rules are the same across state lines. They are not. Illinois and Michigan allow adult-use cannabis, but Wisconsin does not.
Common Situations That Lead To Marijuana Charges
Marijuana found during a traffic stop
Odor claims used to justify more investigation
A search based on a roadside conversation or consent request
A passenger has something and police blame the driver
Marijuana or related items found in a home search
Real Words From Clients
When attorney Brian Dimmer became my legal counsel I was finally able to see the light at the end of the tunnel I was traveling on. There's truly no words to thank him enough after almost a year criminal case battle the judge could finally see I wasn't a criminal just someone who made a mistake.
State v. S.B. (17 CM 2388)
Attorney Dimmer took his time with my case, and I received a better deal than I thought. Brian has made it where I will never go to court without him!
State v. R.M. (18 CT 848)
I just want to thank you for the representation you provided me my case. You kept me well-informed in every step of the case, also making sure I fully understood everything. I fully believe that had I had any other lawyer, the outcome would have been much worse. Your confidence, intelligence, and demeanor made all the difference in the court room. You will be the first attorney I recommend to people. Once again, thank you so much.
State v. N.H. 17 CF 1068
What You Are Up Against
The consequences depend on the facts. Weight matters. Prior history matters. And what police claim you intended to do with it matters.
This Can Include:
A civil forfeiture ticket or a misdemeanor charge in some cases
Probation, counseling, or court-ordered programming requirements
Higher penalties if you have prior drug convictions
Felony exposure if the state claims delivery or intent to deliver
Long-term record issues that affect jobs, housing, and school
CBD, Hemp, And “Looks Like Marijuana” Problems
CBD and hemp products have created real confusion in criminal cases. Some legal hemp products can look and smell like marijuana. That can lead to stops, searches, and charges before testing even happens.
Wisconsin has hemp rules tied to THC limits, and products that do not meet legal definitions can create risk, even if they were bought at a store.
If your case involves CBD, hemp flower, or other cannabinoid products, the defense often turns on what police relied on, what was seized, and what the testing actually shows.
How We Defend Marijuana Cases
Marijuana cases are defendable. Many rise or fall on the legality of the stop, the search, and the strength of the state’s proof.
Challenging The Stop And The Search
A lot of marijuana cases begin with a traffic stop. Key questions include:
Was there a lawful reason for the stop?
Did police extend the stop without a valid reason?
Was consent truly voluntary?
Did the search go beyond what was allowed?
If the stop or search was unlawful, key evidence may be challenged.
Challenging Possession And Knowledge
The state has to prove more than “it was nearby.” In shared spaces like cars and homes, we look at:
Who actually had control over the item
Who had access to the area
Whether the state can prove knowledge
Whether the story depends on assumptions
Fighting “Intent To Deliver” Claims
Large quantities, packaging, cash, or messages can lead police to claim intent to deliver. That is not the same as proof.
We challenge:
Whether the quantity really supports delivery claims
Whether packaging or items are being misinterpreted
Whether the state’s narrative matches the full context
Whether the evidence is enough for the charge level
Using Testing And Evidence Review
Testing matters in marijuana and hemp-related cases. We press for clarity on:
What was actually tested
Whether results match what was charged
Chain of custody and handling
Whether the state can prove weight and substance identity
Treatment-Focused Options When They Help
Some cases can move toward dismissal or reduced outcomes when the right steps are taken. When it fits the situation, we help build a plan that points the court toward a practical resolution instead of maximum penalties.
What To Do Next If You Were Stopped Or Charged
A Few Smart Steps Can Protect You:
Do not discuss the case with anyone but your attorney
Write down what happened during the stop or search while it is fresh
Save all paperwork, citations, and court notices
Do not delete messages or phone content
Do not assume a “legal purchase” automatically ends the issue
Why Clients Choose Racine Defense
People hire a defense lawyer for clarity and a real plan, not guesses.
What You Can Expect
When you choose Racine Defense, you get a defense strategy based on the facts of your case, clear updates at every step, and careful preparation aimed at the best result. We know every case is unique, so we listen to your goals, explain your choices, and build a plan that fits your needs. Whether your case involves negotiations, hearings, or trial, we work hard to protect your rights and help you move forward with confidence.
A defense approach built around facts and procedure
Clear communication about next steps
A strategy that fits your goals and your family situation
Strong preparation for hearings, motions, and trial when needed
Find out more about what it’s like to work with Racine Defense.
Marijuana Charge Frequently Asked Questions
The state still has to prove possession and knowledge. In shared cars or homes, these cases are often defendable because access is not the same as possession.
Bring your citation, charging documents, bond paperwork, any testing paperwork you received, and a written timeline of what happened.
Protect Your Rights and Your Future
If you are facing a marijuana charge, you do not need to guess your way through it. Get clear answers, a plan, and a defense strategy built for your situation.
A marijuana charge can affect your freedom, employment, and future opportunities. Racine Defense provides experienced legal representation and a defense strategy tailored to your case.