Hero Image
Jail Image
Freeburg Law

Hire an Experienced Lawyer

You’ve Been Charged with a Marijuana Offense

I am a defense attorney and help people charged with drug charges in Wyoming, Idaho and the National Parks. If you have been charged with a marijuana offense in Yellowstone or Grand Teton National Parks, check out my guide: Understanding Your Federal Charge For Possession Of A Controlled Substance.

In A National Park. If you have been charged in Teton County, or the Town of Jackson, the guide is less relevant. You are under different laws. The judge is different. The procedure is different.

AS SEEN IN

Marijuana Possession is Still a Crime?

Absolutely. Attitudes toward marijuana vary across the country. In our neighboring state, Colorado, marijuana is legal. In Wyoming, marijuana is not only illegal, it’s considered a dangerous drug. The laws and expectations here are different.

What are the Consequences?

At the state level, a first marijuana possession offense (up to three ounces) is a misdemeanor. See Wyoming Statute § 35-7-1031.

It’s punishable by up to one year in jail and a fine of $750. In most (not all) of the local jurisdictions, the prosecutors are not seeking jail time. Depending on your circumstances, the prosecutors will make certain offers, and the judge will impose a certain sentence. A third offense is a felony, and again, depending on your circumstances, the prosecutors will attempt to obtain a felony conviction. Additionally, a marijuana conviction can affect:

Tick
Your criminal record. A conviction shows up on a background check.
Tick
Your ability to get federal financial aid. Consider: You could lose federal financial aid opportunities for any marijuana use or possession charges, such as Perkins Loans, Pell Grants, Supplemental Educational Opportunity Grants, PLUS Loans and Work Study programs. This is because Section 484 subsection R of the Higher Education Act of 1998 states that a student with a past conviction of any controlled substance offense (which still includes marijuana) isn’t eligible for any of the above federal financial aid.
Tick
Your ability to get a firearm. If you apply to purchase a firearm, you must complete federal Form 4473, which asks about unlawful marijuana use. Since marijuana is still illegal federally, marijuana users may be rejected from purchasing a firearm. Don’t lie about this, either. Lying on this form is a federal felony with a maximum prison sentence of five years.
Tick
Eligibility for other federal benefits, such as certain housing programs.
Tick
You have to report in on many job applications.
Tick
You have to report on some housing applications.
Tick
Your legal status in this country, if you are not a citizen.
Tick
I truly believe that many of these consequences are completely disproportionate to the offense.
4 Attorneys

What can you do about it?

Fight The Case

The police and park rangers don’t always get it right. When they don’t, you can and should fight the case. In vehicle cases, sometimes they pull you over for no reason (I’ve seen a lot of dash cam footage that made me go: huh?).

If they don’t pull you over for a lawful reason, the case should be thrown out. Once they pull you over, there are certain rules they have to follow to expand the scope of the traffic stop. If they jump the gun and seize and search you without a good reason, that violates the Fourth Amendment.

In non-vehicle cases there are similar rules about when, where and how the officers contact you. From there, there are rules that govern what kinds of questions they can ask you and whether they can detain you. It gets complicated.

Minimize The Consequences

The second strategy is to minimize the consequences. Are you eligible for probation and a dismissal (called a deferred adjudication in most Wyoming jurisdictions)? Can you avoid a conviction? Can you keep it off your record? If not, can you minimize the fine? Can you reduce the likelihood of being ordered to do lengthy drug treatment classes? Can you reduce any community service? Can you do any community service for your preferred organization or on your timetable? Can you avoid coming back to Court?

What is The Best Strategy for Me?

It depends. Typically, you start with both. First, you want to get the police report. Your attorney then analyzes the police report and interviews you about what happens.

If your attorney finds a reason for the judge to throw the case out, then you go down that road. If not, you move on to minimizing the consequences. Of course, with any attorney, you are in the driver’s seat. Your attorney’s job is to provide you with:

Tick
Legal advice based on his knowledge of the law and
Tick
Practical advice based on his knowledge of the Courts and prosecutors; and then
Tick
Help you decide the best plan for you based on your personal situation. That’s what I do.

How We Work

Typically, I do these cases for a fixed fee. You pay one flat fee up front. If we don’t go to trial (and these cases rarely go to trial), then that is the only fee you pay. If you call me on the phone, we can talk about your case and I will give you a quote.

My office is (307) 323-2314. You can call or text that number and it will go through to me or someone else, even if it’s the weekend. If I am in the backcountry or unavailable, I’ll get back to you. I take credit cards. You can sign most things electronically, unless a notarized signature is legally required. You will get copies of all your documents electronically.

What Our Clients Have to Say

I Absolutely 100 Percent Recommend Freeburg Law.
Rating

I absolutely 100 percent recommend Freeburg law and my personal lawyer Ethan Morris. Being from another state once they were on the case they did everything to make me feel the ease of the burden of the charge I received. I don’t know how I would have handled it without their help from 500 miles away. The sentencing I received was minimal and I was happy with the entire process. Ethan made me feel as if I just made a small mistake on my part and he would handle everything for me within his power. They were well worth every dollar. Strongly recommend as a DUI attorney.

Google Logo
David A.
The team at Freeburg Law Will Listen To You.
Rating

I hired this firm due to the positive reviews. Ethan did not let me down. He fought for me and my case was dismissed. The team at Freeburg Law will LISTEN to you. They will believe you and do the very best for you. Someone will answer the phone even on a Sunday morning. They will reply to every email, and answer every question no matter what. They will have your back.

Google Logo
Erica B.
They Do An Outstanding Job For Their Clients.
Rating

I've worked on many civil and criminal cases with Freeburg Law over the years, some going to trial, many settling out of court. They do an outstanding job for their clients. They put in the time and resources needed to present the best possible case. Most importantly, they care. Easy to work with, top-notch trial lawyers. I'd highly recommend them for any civil or criminal case.

Google Logo
Todd b.
The team at Freeburg Law Will Listen To You.
Rating

Alex Freeburg is an excellent attorney and Teton County is lucky to have him. Throughout the duration of my case, he maintained exceptional communication with me, providing every detail and explaining every juncture as they arose. Alex is a dogged advocate but has a big heart as well. I would recommend him to anyone.

Google Logo
Joseph p.
I Absolutely 100 Percent Recommend Freeburg Law.
Rating

I absolutely 100 percent recommend Freeburg law and my personal lawyer Ethan Morris. Being from another state once they were on the case they did everything to make me feel the ease of the burden of the charge I received. I don’t know how I would have handled it without their help from 500 miles away. The sentencing I received was minimal and I was happy with the entire process. Ethan made me feel as if I just made a small mistake on my part and he would handle everything for me within his power. They were well worth every dollar. Strongly recommend as a DUI attorney.

Google Logo
David A.
The team at Freeburg Law Will Listen To You.
Rating

I hired this firm due to the positive reviews. Ethan did not let me down. He fought for me and my case was dismissed. The team at Freeburg Law will LISTEN to you. They will believe you and do the very best for you. Someone will answer the phone even on a Sunday morning. They will reply to every email, and answer every question no matter what. They will have your back.

Google Logo
Erica B.
They Do An Outstanding Job For Their Clients.
Rating

I've worked on many civil and criminal cases with Freeburg Law over the years, some going to trial, many settling out of court. They do an outstanding job for their clients. They put in the time and resources needed to present the best possible case. Most importantly, they care. Easy to work with, top-notch trial lawyers. I'd highly recommend them for any civil or criminal case.

Google Logo
Todd b.
The team at Freeburg Law Will Listen To You.
Rating

Alex Freeburg is an excellent attorney and Teton County is lucky to have him. Throughout the duration of my case, he maintained exceptional communication with me, providing every detail and explaining every juncture as they arose. Alex is a dogged advocate but has a big heart as well. I would recommend him to anyone.

Google Logo
Joseph p.
I Absolutely 100 Percent Recommend Freeburg Law.
Rating

I absolutely 100 percent recommend Freeburg law and my personal lawyer Ethan Morris. Being from another state once they were on the case they did everything to make me feel the ease of the burden of the charge I received. I don’t know how I would have handled it without their help from 500 miles away. The sentencing I received was minimal and I was happy with the entire process. Ethan made me feel as if I just made a small mistake on my part and he would handle everything for me within his power. They were well worth every dollar. Strongly recommend as a DUI attorney.

Google Logo
David A.
The team at Freeburg Law Will Listen To You.
Rating

I hired this firm due to the positive reviews. Ethan did not let me down. He fought for me and my case was dismissed. The team at Freeburg Law will LISTEN to you. They will believe you and do the very best for you. Someone will answer the phone even on a Sunday morning. They will reply to every email, and answer every question no matter what. They will have your back.

Google Logo
Erica B.
They Do An Outstanding Job For Their Clients.
Rating

I've worked on many civil and criminal cases with Freeburg Law over the years, some going to trial, many settling out of court. They do an outstanding job for their clients. They put in the time and resources needed to present the best possible case. Most importantly, they care. Easy to work with, top-notch trial lawyers. I'd highly recommend them for any civil or criminal case.

Google Logo
Todd b.
The team at Freeburg Law Will Listen To You.
Rating

Alex Freeburg is an excellent attorney and Teton County is lucky to have him. Throughout the duration of my case, he maintained exceptional communication with me, providing every detail and explaining every juncture as they arose. Alex is a dogged advocate but has a big heart as well. I would recommend him to anyone.

Google Logo
Joseph p.

Areas We Serve

We travel to courthouses throughout Wyoming and Eastern Idaho. We represent clients in Jackson and from Rock Springs to Cheyenne. In Idaho, we tend to stick to the Counties and towns near the Snake River. We also have a robust practice in Yellowstone and Grand Teton.

Reach Out For A Free Consultation

To learn more about our law firm, the areas that we serve, and our legal services, please call our law firm directly or send us a message online at your convenience. We work on a contingency fee basis for personal injury claims and offer free consultations. We are here to serve you!

IconIcon
Call Us Today
Call Us Today