Logo for Jessie Weber Law

Is CBD A Schedule 1 Drug?

2022-01-17T16:40:17+00:00January 17th, 2022|

CBD is all the rage these days. If you're not familiar with it, "cannabis" is the technical name for the plant that we typically call "marijuana" or "hemp". The ingredient that gives people the "high" is tetrahydrocannabinol, or "THC". If the plant has less than 0.3% THC, we call it "hemp". More than 0.3% THC, and it's "marijuana". CBD stands for "cannabidiol", and it's classified as a "cannabinoid", which is a fancy way of saying "it comes from the cannabis plant". CBD, unlike its cousin THC, doesn't give you a "high" - but it's believed to have a number of other medical properties, which is

What’s “Possession With Intent To Distribute”?

2022-01-05T01:11:07+00:00December 20th, 2021|

If you're being a smart consumer, you stock up on things. Sam's Club has huge boxes of everything from soup to toilet paper to potato chips, and it's full every day of people buying in bulk. But if you do that with drugs, you're going to be in huge trouble! In the eyes of the law, having a 48-pack of joints doesn't make you a smart consumer - it makes you a drug dealer. The law's logic goes like this: An individual person only reasonably uses a certain amount of drugs in a short period of time. Only drug dealers would have more drugs than

What’s A “Case In Chief” Or “Negative” Defense?

2022-01-05T01:10:00+00:00December 13th, 2021|

What's to stop a police officer from just arresting random people and charging them with crimes? We all know intuitively that if a police officer keeps arresting random people - without any reason to believe they're guilty - that police officer will be in big trouble sooner rather than later. The 4th Amendment protects the public against "unreasonable searches & seizures", and an arrest is a type of "seizure". That protection applies throughout the criminal justice system as well. To provide another layer of protection, police officers don't actually charge people with crimes. Rather, police officers give "charging documents" - basically pieces of paper listing

What’s An “Affirmative Defense”?

2022-01-05T00:54:56+00:00December 7th, 2021|

"We've got you dead to rights." The police officer puts the handcuffs on, and loads you in the car. They haul you down to the station, and process you. And if you're not calm and collected enough to ask for a lawyer, they might start asking you to "cooperate" and "make it easier on yourself". And if you actually did what they say, it might seem open-and-shut to you, too. So why call a lawyer? The answer is that even if you did whatever they're accusing you of, you may not have committed a crime. Confused yet? This is one of the many reasons the Constitution

The Data Is In On Recidivism

2022-01-05T00:51:28+00:00November 29th, 2021|

Our vocabulary word for the day is "recidivism". That's a fancy word for what happens when a person is released from jail, and winds up committing another crime. Recidivism is studied extensively, and there have recently been some interesting findings. Let's start by acknowledging the general thoughts of the legal system - that longer sentences provide disincentive to commit crimes in the first place, and also disincentive to commit another crime in the future. Is that true? We can't speculate as much about whether a longer sentence prevents the initial crime, since there's no way to know which crimes haven't been committed - but we

OWI Prevention – How Far Is Too Far?

2022-01-05T00:46:38+00:00November 22nd, 2021|

Nobody advocates for drunk driving. If we could wave a magic wand and everybody would voluntarily stop driving drunk, I think most of us would be happy to wave the magic wand. But we don't have a magic wand. And people do drive drunk. So the question is, what reasonable methods do we have to reduce drunk driving? In Wisconsin, we have the SafeRide program. And if somebody is convicted of driving drunk, at some point we either remove their driving privileges, or we require them to install a device on their car that prevents the car from starting if they've been drinking. The

Language & Perceived Bias In The Kyle Rittenhouse Trial

2022-01-05T00:41:00+00:00November 15th, 2021|

In 2020, there was quite a bit of civil unrest. Even cities that historically have had very few issues experienced organized protests. Some of those cities also experienced property damage from rioters and looters. And that brings us to Kenosha, WI. In case you haven't been following the story, let's review. Kenosha, WI is a medium-sized city about midway between Milwaukee and Chicago. It's not one of the cities you think of when you think of protests and riots, but that all changed last year when a man named Jacob Blake was shot and seriously injured by Kenosha police. Kenosha erupted in protests, and as

Go to Top