The marijuana prohibition may not be he stupidest law there is, but it ranks up there. That said, possession, growing and distribution of marijuana is illegal. Simple possession of small amounts is routinely charged as a crime in most of Wisconsin. Conviction can result in loss of student financial aid, driving privileges and freedom. Operating a motor vehicle with a detectible amount of THC in the blood is treated the same as drunk driving. Second offense possession is a felony. Selling (even giving away) or growing marijuana is a felony. People in larger communities take for granted the non-criminal treatment of possession. Then they travel on the Interstate highways or to Wisconsin Dells, and get a nasty surprise. Recently (2011) I had a client facing years in prison receive three years probation and a year in jail because he had smoked a marijuana blunt in another state and driven later in Wisconsin. He was sentenced for OWI even though the marijuana almost certainly had no effect on his driving (being tired, sick & cold did). Another young man had a woman cut in front of him on the highway and they collided. She died. He had smoked marijuana. He is charged with murder. Currently the consequences of a marijuana conviction are far more harmful to the marijuana user than the effects of the drug! I do not encourage anyone to use, possess, or grow marijuana under these circumstances - not even for personal or medical use.
See also:
Medical Marijuana Gallery
Peer Reviewed Studies on Medical Marijuana - Summary
Marijuana Legalization - a book at Oxford University Press
Infographic
comparing USA, Netherlands, and Portugal - Canadian analysis
My first major marijuana case was charged in 1980 in Dane
County.
It was charged as:
Conspiracy to Possess Marijuana with Intent to Deliver.
The case lasted five years before it was dismissed and involved a challenge
to the constitutionality of marijuana prohibition.
The challenge was never
decided.
Charles Kyle Kenyon - When Experience Matters
Zoom Court Appearance Information
Attorney at Law
5555 Odana Road, Suite 211
Madison, WI 53719-1280Telephone (608) 308-9645
Since 1979
Former (Elected) District Attorney
Former Assistant State Public Defender
Extensive jury trial experience in cases ranging from traffic to sexual assault / homicide
Thousands of criminal cases since 1979
Appeals in Wisconsin Court of Appeals and Supreme CourtJ.D. University of Wisconsin Law School 1978 - winner of Abe Sigman prize
B.A. University of Wisconsin - Madison - Psychology - 1975Trainer / presenter / panelist for American Bar Association, National College of District Attorneys, Wisconsin Department of Justice, Wisconsin Public Defender
Founding Director - Children's Law Section - State Bar of Wisconsin
Past-President: Marinette County Bar Association, Door-Kewaunee Bar Association
Life Member: National Association of Criminal Defense Lawyers (NACDL)
Member: Wisconsin Association of Criminal Defense Lawyers (WACDL)
Member: National College for DUI Defense
Member: State Bar of Wisconsin, Dane County Bar Association
Admitted to practice: State of Wisconsin, Federal - Eastern District of Wisconsin, Western District of Wisconsin, 7th Circuit Court of Appeals
Certified to administer roadside Field Sobriety Tests in Wisconsin
On FaceBook - Drunk Driving Lawyer
Proud to be a
Wisconsin Lawyer
Expert Adviser - Serving YouClick on images above for larger view
Brief articles - downloads
Miranda Rights - the other side - a card about your "rights" - for more on Miranda rights click here
Dressing for Court - A page of thoughts on how to dress for court.
How to Beat an OWI / DUI Charge in Wisconsin - How I look at a drunk driving case defense.
Field Sobriety Tests - videos that show what they are looking for, and more.
Information about the new DUI / OWI Treatment Court for Dane County Wisconsin. (Third offense only.)
Information about court procedures in DUI / OWI criminal cases.
What to do if the police want to talk with you. (Web page with videos.)
Other legal issues to think about
- Identity Theft
Federal Trade Commission - Identity Theft Home page
State Bar of Wisconsin on Identity Theft
Wisconsin Attorney General on Identity Theft
- Juvenile - Adult - Child ?
For some purposes a Wisconsin resident is a child at age 17, for other purposes, not until age 18. A person can be considered both an adult and a child by the same law, depending on whether or not they are considered a criminal or a victim. More on the juvenile code, juvenile delinquency and the criminal code.
Kinds of charges Kenyon has handled include: |
|
Homicide
Other injury to persons
Theft and misappropriation
Peace and Order
|
Drunk Driving - OWI / DUI / DWI / BAC / PAC
Sexual Assault
Robbery
Burglary and Trespass
Damage to Property
Drugs
|
This list is not complete but is given to give the reader some idea of the scope of my criminal law experience. I have represented juveniles as well as adults on most of these charges. CKK |
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