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In Your Defense

Attorneys Matt Huppertz and Mark Powers are partners at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha.

Since beginning his career in 1982, Huppertz has argued before the Wisconsin Supreme Court five times and has lectured on the admissibility of DNA evidence in criminal cases.

Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office as well as a municipal judge in North Prairie.

For more information, please visit www.waukeshacriminalattorneys.com.

Should Wisconsin Cave to Social Pressure and Legalize Marijuana?

marijuana, legalize marijuana, Waukesha criminal defense attorneys, Huppertz & Powers

Should Wisconsin follow in the footsteps of Colorado and Washington State and make it legal to use marijuana? There’s certainly no denying that public opinion nationwide is trending in favor legalizing pot.

According to a Pew Research Center survey released on April 4, for the first time in 44 years, most Americans support the legalization of marijuana. Fifty-two percent of 1,501 adults say that the use of marijuana should be legalized, compared to 45 percent who say that it should not -- an 11 percent increase since 2010. In 1969, a Gallup survey found that only 12 percent of Americans supported the legalization of marijuana, compared to a whopping 84 percent who were against it.

Still, in Wisconsin, I have not seen any legislation suggesting that marijuana should be legalized anytime soon. Certainly, I have had numerous clients come in and say, ‘Well, it’s legal in other states’ but the simple fact of the matter is that pot is not legal here.

Conversely, I’ve listened to prosecutors speak at seminars about the plague of different drugs that we have in our state. While I have not seen scientific proof that marijuana is a gateway drug, people will always be debating whether pot use leads to using other types of drugs. 

However, we can say that the vast majority of the people we see using heavy drugs like heroin and cocaine also recreationally use marijuana. The issue is that marijuana is part and parcel to the bigger picture of drug use in this state and across the country. It’s a commonly used controlled substance for those people who are involved in more serious activities.

Others who support legalization will argue that marijuana is really no worse than alcohol but what many people don’t realize is that pot poses different problems. If you drive a vehicle while using this type of controlled substance, Delta 9THC, you are now driving while impaired. The police don’t have to prove impairment. They just have to prove that you’ve been driving with that detectable amount of controlled substance.

In my view, this is a big problem. People are still driving with that in their system and, whether the driver is actually impaired, the very presence of this controlled substance is a problem. It is against the law and it is a problem in that regard, especially as it relates to driving.

In terms of social vices and what this drug does or doesn’t do to society, one could make the argument that alcohol also destroys lives. Personally, I don’t see where Wisconsin needs to legalize this vice. One could also argue that marijuana is a taxable commodity that could help alleviate some budgetary shortfalls as our economy continues to limp along. However, Wisconsin’s laws against pot are firmly entrenched and I don’t see that changing any time soon.

Bottom line? It’s illegal to possess marijuana in Wisconsin. If you are determined to continue to use marijuana and want to avoid getting into trouble with the law, you will need to go to another state where those laws are relaxed.

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