What is Possession of a Controlled Substance in Wisconsin?

 Posted on July 05, 2018 in Drug Crimes

The state of Wisconsin treats drug crimes very seriously. While drug distribution or trafficking can result in lengthy jail sentences or extensive fines, simply being in possession of an illegal drug (known as a controlled substance) can also lead to severe punishments. Those who are facing drug charges for possession should be sure to understand how Wisconsin laws affect them.

Penalties for Drug Possession

Under Wisconsin law, it is illegal to possess or attempt to possess a controlled substance, unless a person has a valid prescription or is legally authorized to possess the drug in question. Controlled substances are grouped into different “schedules” depending on their potential for abuse and their accepted use for medical treatment.

Schedule I drugs, which Wisconsin law defines as having a high risk of abuse and no accepted medical use, include marijuana, heroin, and LSD. Schedule II drugs such as cocaine, methamphetamine, or morphine also have a high risk of abuse; however, they may have some accepted medical uses.

Penalties for possession vary depending on the type of drug and whether it is a first offense. A second or subsequent offense is defined as a conviction after a person has previously been convicted of a felony or misdemeanor drug offense at any time in the past.

Penalties for possession of a controlled substance include the following:

• Marijuana - A maximum fine of $1,000 and up to six months in prison for a first offense. A second or subsequent offense is a Class I felony and carries a maximum fine of $10,000 and up to three years and six months in prison.

• Cocaine and cocaine base (also known as “crack”) - A maximum fine of $5,000 and up to one year in prison for a first offense. A second or subsequent offense is a Class I felony.

• Methamphetamine - Possession is a Class I felony.

• Hallucinogenic or stimulant drugs such as LSD or amphetamine - A maximum fine of $5,000 and up to one year in prison for a first offense. A second or subsequent offense is a Class I felony.

• Schedule I and II narcotics - Possession is a Class I felony.

• Other drugs - Possession is a misdemeanor, which can be punished by a maximum fine of $500 and up to 30 days in prison.

Contact a Milwaukee Drug Charges Defense Lawyer

If you have been arrested and charged with possession of a controlled substance, you will likely face serious consequences to your freedom, your career, your driver’s license, and other aspects of your life. During this difficult time, you need the assistance of an experienced Milwaukee, WI criminal defense attorney. At Gimbel, Reilly, Guerin & Brown, LLP we can help you understand the charges against you and work with you to determine your best defense strategy. Contact us today at 414-271-1440 to arrange a consultation.

Sources:

https://docs.legis.wisconsin.gov/document/statutes/961.41(3g)

http://legis.wisconsin.gov/lc/publications/lm/lm_2003_05.pdf