Legal Question in Criminal Law in Wisconsin
Have a complicated question/issue regarding Cannibis in Wisconsin.
Basically dude we know was harrasing us to let him purchase a small bag cause as he said "I'm coming into some cash Weds, Thurs or Fri". We avoided his calls & texts cause we don't have anything for "sale" as we're "personal partakers" (in which we've partaked WITH him numerous times & he has given/sold his prescription of Benzo's to friends in front of us) but he just showed up at our door asking the above mentioned question. (He HAD to be under the impression that we were actual "dealers", when we're just personal recreational users). We caved and sold him a little 2 Weds ago.
Low and behold, the next Friday at 9am the local MEG unit had a warrant and raided our home (which we just moved into a month ago). The warrant included supplies, money etc plus it actually had photocopies of the money that they must have given him for the "buy".
The MEG unit was convinced we dealt from our home and was interrogating us as to "where the wads of cash and the mass amounts of cannibis are, cause they're gonna find it anyway so we should just make it easier and tell them".
We explained everything I wrote in the beginning of this long question AND showed them where our personal stash was, etc. They only confiscated paraphenilia, approx. <7 grams of personal and a digital scale (which is used simply so we know we're not getting ripped off when we get our "personal" supply) but nothing else except a copy of the warrant. We've heard nothing since (except that their informant tried to set up another guy we know but it was no go then he texted something meant for the MEG investigator but inadvertantly sent it to my friend...HA!) So what shall we expect?? Anything?? I believe anything <8 grams in a civil fine including the paraphelia.
Can anybody give me some insight? This has NEVER happened to me before...Thank You!!
1 Answer from Attorneys
Unfortunately, until THC is finally decriminalized, even selling a small "favor" quantity of marijuana is a major felony under both WI and U.S. Federal law, potentially subjecting you to up to five or ten years of imprisonment in a worst case scenario, particularly if a gun was located anywhere around the home or if you lived within roughly a half mile of a school or park. You are therefore in urgent need of consultation with an experienced felony attorney as soon as possible. While one would hope that law enforcement would have better things to do, small busts like yours may end up being the "biggest game in town' for some law enforcement agencies, depending upon where you live, primarily in hopes that you can lead them to "bigger fish" when facing the pressure of such a charge. You are therefore likely to be charged with a felony sometime within the next six years, although there is always a small chance that your local DA's office might offer a reduction to a misdemeanor if you have a clean record and lead an otherwise productive life, depending upon the negotiating prowess of your attorney and your level of cooperation. You should also discuss the possibility of an entrapment defense, although these are difficult to successfully pull off. That is because you would need to convince the jury that you were not disposed to sell the drugs even if you had not been badgered relentlessly by the informant. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.
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