Top Mequon, WI Medical Marijuana Lawyers Near You
Are you or your child facing criminal charges? We will treat you with respect, explain your options & aggressively defend you.
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We provide aggressive, intelligent criminal defense. Based in Milwaukee, we defend cases throughout Wisconsin.
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1110 N. Dr. Martin Luther King Jr. Drive, Suite 201, Milwaukee, WI 53203
In the Mequon, Wisconsin area, Kohn & Smith can help you resolve your Medical Marijuana issues.
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2266 N Prospect Ave, Suite 606B, Milwaukee, WI 53202
219 N. Milwaukee St., Suite 520, Milwaukee, WI 53202
5205 N Ironwood Rd, Suite 100, Glendale, WI 53217
5150 N Port Washington Rd, Suite 151, Milwaukee, WI 53203
4600 W Loomis Rd, Suite 120, Greenfield, WI 53220
735 North Water Street, Suite 1212, Milwaukee, WI 53202
100 East Wisconsin Avenue, Suite 2800, Milwaukee, WI 53202
207 East Buffalo Street, Suite 201, Milwaukee, WI 53202
301 West Wisconsin Ave, 5th Floor, Milwaukee, WI 53203
1746 S Muskego Ave, Milwaukee, WI 53204
740 North Plankinton Avenue, Suite 600, Milwaukee, WI 53203
13845 Bishops Dr, Ste 300, Brookfield, WI 53005
6525 W Bluemound Rd, Milwaukee, WI 53213
225 Regency Ct, Suite 200, Brookfield, WI 53045
777 East Wisconsin Avenue, Suite 2000, Milwaukee, WI 53202
735 North Water Street, Suite 729, Milwaukee, WI 53202
511 N Broadway, Suite 1100, Milwaukee, WI 53202
N27 W23957 Paul Rd, Suite 206, Pewaukee, WI 53072
1200 East Capitol Drive, Suite 360, Milwaukee, WI 53211
2544 North 84th Street, Milwaukee, WI 53226
5215 N Ironwood Rd, Suite 216A, Milwaukee, WI 53217
2100 Gateway Court, Suite 200, West Bend, WI 53095
1535 E Racine Ave, Waukesha, WI 53186
342 N. Water St. Suite 600, Milwaukee, WI 53202
Mequon Medical Marijuana Information
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Medical Marijuana Law
Medical marijuana laws vary widely from state to state and federal law and even local zoning ordinances can be in conflict with state medical marijuana law. Those who have a medical marijuana registration card can still experience legal issues and may even face criminal charges.
What Is Considered Medical Marijuana?
With California becoming the first state to legalize the use and sale of medical marijuana in 1996 — the first state to challenge the federal government’s strict laws concerning anything to do with cannabis or marijuana — several states soon followed suit.
Medical marijuana, or medical cannabis, is cannabis that has been authorized for medicinal use by a patient’s doctor. Many people use cannabis for medicinal purposes without lawful medical authorization and in certain jurisdictions, this can be risky. Without the protections offered to authorized patients, the use of the drug may be considered recreational rather than medicinal.
What Are Possible Charges Related to Medical Marijuana?
Despite the fact that it is unlikely to be prosecuted at the federal level for simple possession of marijuana, particularly if in a state that has loosened marijuana laws and/or if one is a medical marijuana patient, the federal government has ruled that federal law does prevail.
A first-time conviction for simple possession of marijuana — remembering that the federal government does not allow for any distinguishing for medicinal patients — is a misdemeanor offense. A second charge following a previous conviction leads to a felony offense. Trafficking of any sort is a felony offense with severe penalties.
However, possession of what is deemed to be a “personal amount” of marijuana may instead be a civil penalty (a fine of no more than $10,000 per violation).
Can You Go to Jail for Medical Marijuana?
Those convicted at the federal level for crimes related to marijuana — medical or recreational, as the federal government makes no distinction — could face a jail or prison sentence.
This is especially true when considering the trafficking of marijuana. Those dealing in large volumes of the drug could face a 10-year prison sentence.
Simple possession is a much less serious affair, and it is rare for federal resources to be spent on securing convictions, particularly given the legal argument for medical marijuana being made for patients at the state level. State laws vary, however, and in some states — such as Idaho, Kansas, Tennessee and South Carolina — marijuana remains entirely illegal for any purpose.
In states where the drug is illegal, even for those using it for medical purposes, punishments for simple possession range from fines to a jail stint of about six months. Distribution, or dealing, is treated more harshly. In some states, distributing small amounts of marijuana is a level 4 felony, resulting in a potential prison sentence of about four years in addition to a fine of up to $300,000.
Can You Fly With Medical Marijuana?
While the TSA has explicitly stated that they do not search for marijuana, and do not consider the detection of marijuana in checked or carry-on baggage to be a priority, they have also publicly stated that if they do incidentally detect or find marijuana, they are forced to notify law enforcement.
Certain state agencies may not follow up with any further prosecution, while others may. Nonetheless, at this current point in time, federal law trumps state law on the subject, and the TSA does not endorse carrying marijuana on any flights under their administration.
Do I Need a Medical Marijuana Lawyer?
If you are authorized to have medical marijuana, you must still comply with the laws of your state. If you are arrested for illegally obtaining a medical marijuana card or related offense while using marijuana, you will need the services of a medical marijuana lawyer to navigate through this new area of law.