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Attempting/Solicitation to Possess Marijuana?

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hucko1

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I have not (yet) been charged with anything, but have reason to believe I soon may be. There was a night a few days ago when I was somewhat intoxicated in a tavern and was asking several people where I might find some 'weed'. I was asked to leave the taverrn and next went to the place next door and started doing the same (but was not asked to leave).

There was a camera in the first (and possibly in the second), and the owners of the two establishments are friends. I have reason to believe they may have contacted local authorities to seek charges. Have I committed any crime? If so, and if I am charged, what is the maximum penalty in Wisconsin for asking people for weed?

This may seem like a strange question, but it's not my normal, sober behavior and the possibility of being charged with something has really been bothering me.

Thanks for any help!!

Hucko
 


CdwJava

Senior Member
Unless you took some steps to actually purchase the marijuana, I don't see a crime.

Stupid, yes ... potentially criminal, yes ... actually a crime with what you have presented here? I don't see it.

Perhaps you need to either (a) stop using weed, or, (b) don't drink when you feel the need to inhale.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? Wisconsin.

This may seem like a strange question, but it's not my normal, sober behavior and the possibility of being charged with something has really been bothering me.
Intoxication is RARELY a defense, see 939.42.

Here is WI's defintion of Attempt.

939.32

(3) Requirements. An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.

So, while it is possible you can be charged with attempt, not likely?

The attempt laws seem to indicate the same punishment is afforded as if the crime were completed. You can review the Criminal Code for drug charges and also 939. I did not check the law for penalties for buying weed.
 

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