Q and A with Attorney Carlos Gamino - Part 8by Attorney Carlos Gamino on 07/24/14
This post is the final one in a series of eight that features a question-and-answer session with Attorney Carlos A. Gamiño. As a criminal defense attorney in the Milwaukee and Waukesha areas, Carlos Gamiño enjoys helping people solve legal problems.
Q: Is it illegal to possess marijuana in Milwaukee?
Attorney Carlos A. Gamiño: Yes, it’s illegal to possess pot in Milwaukee, Waukesha and the rest of Wisconsin. The state has not legalized the recreational use or the medical use of marijuana – but on April 16, Governor Scott Walker made it legal to use cannabidiol, which is a drug made from cannabis, to treat some illnesses.
Q: Can a person get in trouble for having drug paraphernalia, like a pipe, a bong or rolling papers?
Attorney Carlos Gamiño: It depends. You can get in trouble for having pot-related paraphernalia, and you can spend up to 30 days in jail and have to pay a fine of up to $500. However, if it’s used for tobacco and not for marijuana, your attorney can explain that in court; many people, for example, roll their own cigarettes to save money.
Q: What happens to someone who has a small amount of recreational marijuana on their person or in their vehicle?
Attorney Carlos A. Gamiño: A small amount on a first offense is generally a misdemeanor that can get you put in jail for up to six months and fined up to $1,000.
Q: How much trouble can you get in for growing pot in Wisconsin?
Attorney Carlos Gamiño: Growing marijuana in Wisconsin is a pretty big deal. It’s a felony, and if you’re convicted, your sentence will depend on how many plants you have. If you have more than 20, for example, you could be looking at 10 years of incarceration; if you have more than 200, you’ll be subject to a 15-year sentence and up to a $50,000 fine.
If you’re being hit with a marijuana charge, whether it’s possession, sale or delivery, or cultivation, you need to talk to a Milwaukee marijuana defense lawyer who understands how our laws work. Don’t talk to investigators until you’ve talked to your attorney!