Freeburg Law
Freeburg Law

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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.

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:

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Very pleased.

Alex was very helpful during a stressful time for my family. He thoroughly explained the process and kept us informed of the procedure. We felt he always had our best interest at heart.


What can you do about it?


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.


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:

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) 200-9720. 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.

Legal Guides


Your Legal Guide to Wyoming Car Accidents

Your Legal Guide to Wyoming Car Accidents

This guide explains how to handle your Wyoming Car Accident case.
7 Things To Do If You Have Been Arrested for DUI in the Tetons

7 Things To Do If You Have Been Arrested for DUI in the Tetons

If you have been arrested for DUI in Teton County or the Town of Jackson, there are a handful of things you need to be thinking about right now.
Understanding Your Charge for Possession of a Controlled Substance

Understanding Your Charge for Possession of a Controlled Substance in a National Park

A federal marijuana charge carries with it special consequences. Learn how to fight your case and win.

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