Being accused of a drug crime in Wisconsin is serious. It can alter the course of your life—your ability to work, be admitted to schools, the ability to obtain loans, and obtain a residence. It’s our job to protect you and get you back to your life. 

At Nelson Defense Group, we don’t see you as a case number. We see your story—and we will fight to defend you. If you’ve been charged with a drug offense, don’t wait. Our team has a proven record of securing not guilty verdicts, dismissals, and charge reductions. 

Our approach to drug crime defense

When you're charged with a drug crime, the system can move quickly. Our job is to slow it down, examine every angle, and push back where it matters most.

We begin by closely analyzing the State’s case—looking for every opportunity to challenge the evidence. If law enforcement violated your constitutional rights—your 4th, 5th, or 6th Amendment protections—we will file every available motion to suppress the evidence, which often includes the drugs themselves. We don’t just rely on the reports of law enforcement; we conduct our investigations to uncover the truth.

Defense against all types of Wisconsin drug charges

No matter the substance or the charge, our team has the experience and strategic insight to defend you. We handle cases involving:

• Marijuana (including THC edibles, waxes, and oils)
• Cocaine
• Methamphetamine
• Prescription medications (Xanax, Valium, Ativan, etc.)
• Heroin
• Fentanyl and synthetic opioids
• Ecstasy / MDMA
• Hallucinogens (LSD, psilocybin mushrooms, and others)
  
  

From simple possession to complex distribution cases—we’ve seen it all. We know how to defend these charges while taking care of you. We’re ready to help.

What Type Of Penalties Could I Face If Charged With A Drug Crime?

Drug crimes can range from a relatively small unclassified misdemeanor like Possession of Drug Paraphernalia to fairly serious crimes of manufacturing and delivery up to homicides resulting in an overdose death caused by delivery of a controlled substance. Whether you are charged with a misdemeanor or a felony can depend on several factors, including the type and amount of substance, evidence of an intent to deliver the substance or actual delivery of the substance, and any prior convictions you may have involving controlled substances.

Possession, especially for first-time offenders, usually carries a lighter penalty than possession with intent to deliver,  delivery, or manufacture a controlled substance. While courts have some understanding of the nature of addiction, it can be very helpful to provide information to the court not only about addiction but also efforts to address any substance use issues if applicable. Possible penalties increase steeply when there are allegations that someone is dealing drugs. In those cases, it can be very helpful to have an attorney who understands not only testing and handling of controlled substances but can also challenge complex allegations about the context in which controlled substances are found, where that contact is being used to argue that dealing is taking place.

What Should I Do If Charged With A Drug Crime?

Wisconsin prosecutes drug crimes seriously, and, depending on the county, prosecutors will often pursue severe penalties, especially if they believe that someone is in the business of dealing drugs. If you are facing drug charges or are simply being investigated, you should remain silent, decline to speak with law enforcement, and contact an attorney immediately.   

In drug cases, law enforcement is often working to uncover a network of individuals involved in selling drugs. For this reason, they will often approach you with promises to help you take care of your case if you implicate others, particularly those who supply drugs to you or others. Never speak to law enforcement without talking to your attorney first. Anything they can do for you should still be available when your attorney is present.  If they will only talk to you alone, they are not acting in your best interests; they are simply trying to get you to talk to build a case against you. Law enforcement requests for information frequently progress to a request to work for them as a confidential informant. Regardless of what they request, you have the right to consult with an attorney before making any decisions. An attorney can not only protect your interests but also help you decide exactly what is right for you and how you can best be helped.

Can I be charged with Possession of THC if I am a MN resident?

Yes, in Wisconsin, THC, or Tetrahydrocannabinol, the active ingredient in marijuana, is still not legal. While neighboring states like Minnesota, Illinois, and Michigan have legalized recreational marijuana, Wisconsin remains firm in its prohibition, at least on paper. State-by-state regulation of THC can bring confusion for those regularly crossing state lines. While you may have done everything right regarding the purchase of your marijuana in your home state of Minnesota, possession of THC remains illegal in the bordering state of Wisconsin, and it remains one of the stricter states in terms of marijuana enforcement. To make things more confusing, many (if not most) counties in Wisconsin are no longer regulating the sale of THC, but many will still prosecute you for possession even if they don’t go after stores that are selling it. And if that isn’t enough to keep track of, some forms of THC are illegal in Wisconsin, and some aren’t, and because the labelling of products isn’t regulated in Wisconsin, you should not always trust that what you thought you bought is what you have.

Regardless of whether you are a Minnesota resident or a Wisconsin resident charged with possession of THC in Wisconsin, the attorneys at Nelson Defense Group have helped many in your exact situation defend against these charges successfully. If you or a family member is being charged, the attorneys at Nelson Defense Group can work with you to understand the unique circumstances of your case and help you build a
successful defense. 

Will I be found guilty of Possession of THC?

You are innocent unless proven guilty, and won’t be convicted unless the state can prove every element of their case. There are three elements that the state must prove to convict you of THC possession. First, the state must show that you knowingly had control over the substance. This can mean either physically exercising control over it or having it in a place you can control with the intent to exercise control over it. Ownership of the substance does not matter, only whether the State can prove possession. Possession can be shared or held by just one person.

Second, the state must prove that the substance is illegal to possess. If it’s alleged to be marijuana, then the State must prove that there is a concentration of Delta 9 greater than 0.3 percent. This requires a specialized lab. There are also potential defenses if the Delta 9 THC was derived from hemp.  Last, the state must prove that you knew or believed that the substance was THC with a Delta 9 concentration of greater than .03 and not derived from hemp.

What Forms Of Marijuana Are Illegal In Wisconsin?

THC is classified as a Schedule I Controlled Substance under the Wisconsin Controlled Substances Act. This means it is grouped with other substances such as LSD, heroin, and PCP, which are considered to have a high potential for abuse and no accepted medical use. All forms of marijuana are illegal, which include but are not limited to: 

• Dried cannabis flowers that are smoked or vaporized
• Cannabis concentrates, including hashish, hash oil, wax, shatter, rosin, THC oils, and other extracts
• Marijuana-infused edibles such as gummies, mints, weed brownies, chocolates, baked goods, beverages, such as THC Delta 8 and 9 infused seltzers, sodas, teas, tonics, or any other food products
• Any liquid form of marijuana, including THC tinctures or oils
• THC vape cartridges
• THC-infused lotions, balms, and patches
• Pills, tablets, or capsules
• Synthetic cannabinoids (often sold under names like “Spice” or “K2”) 

What Are The Penalties For Marijuana Possession In Wisconsin?

For many, Wisconsin’s strict penalties on marijuana use can be surprising. While many counties have local ordinances for Possession of THC, meaning they can give you a ticket rather than charging you with a crime, many counties will still charge you with a misdemeanor crime for simple Possession, especially if you have received tickets in the past and are not showing any change in your behavior and habits.  A misdemeanor Possession of THC is punishable by up to 6 months in jail and a $1000 fine.  Even more shocking to many, if you have a prior criminal conviction for any drug crime, you can be charged with Possession of THC, Second and Subsequent, which is a felony with a maximum penalty of up to 3.5 years in prison and a fine of up to $10,000.  Penalties can also increase for possession with intent to distribute, delivery of THC,
or even growing your plants.

Changes in penalties in neighboring states have led many to relax in respect to their approach to THC possession and use.  If you end up being charged with these crimes, however, it is important to take the resolution of your case seriously and seek help from an attorney.  In addition to jail and fines, there can also be other collateral consequences from a conviction for a drug crime, including restrictions on school loans and eligibility for public housing.  An attorney can review your specific situation and help you with the best resolution for your needs.