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When Can a Person Face Drug Distribution or Drug Trafficking Charges?
Drug crimes are some of the most serious offenses in Wisconsin. Many of these offenses are related to the possession of controlled substances. A person who is found to have illegal drugs on their person, in their home, or in their vehicle can face penalties such as jail time, fines, probation, and mandatory drug treatment if they are convicted of drug possession offenses. However, if a person is accused of distributing drugs to others or engaging in the business of manufacturing, transporting, or selling controlled substances, they may face more serious charges related to drug distribution or drug trafficking.
The State of Wisconsin takes drug offenses very seriously, and the penalties for a drug distribution or drug trafficking conviction can be severe. In some cases, federal charges may apply. It is important for defendants to understand the potential consequences they may face, as well as their options for defense.
State-Level Charges for Drug Manufacturing, Distribution, or Delivery
Drug distribution generally refers to any situations where controlled substances are transferred from one person to another, except in situations where drugs are administered by medical professionals or dispensed by a doctor or pharmacy. In addition to criminal charges for selling, transporting, or delivering drugs, a person may also be accused of manufacturing controlled substances. Manufacturing may include any type of production or packaging of controlled substances, and it can range from growing marijuana plants or operating a meth lab to dividing and labeling drugs in separate containers or packages.
The specific penalties for drug distribution or possession of drugs with intent to distribute will vary based on the types of drugs involved in a case and the amount of a drug a person possessed or distributed. The charges for different types of drugs include:
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Heroin - A person may be charged with a Class F felony for up to three grams, a Class E felony for three to 10 grams, a Class D felony for 10 to 50 grams, and a Class C felony for more than 50 grams.
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Cocaine - A person may be charged with a Class G felony for up to one gram, a Class F felony for one to five grams, a Class E felony for five to 15 grams, a Class D felony for 15 to 40 grams, and a Class C felony for more than 40 grams.
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Fentanyl - A person may be charged with a Class E felony for up to 10 grams, a Class D felony for 10 to 50 grams, and a Class C felony for more than 50 grams.
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Methamphetamine - A person may be charged with a Class F felony for up to three grams, a Class E felony for three to 10 grams, a Class D felony for 10 to 50 grams, and a Class C felony for more than 50 grams.
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Marijuana - For any substances containing THC, A person may be charged with a Class I felony for up to 200 grams or four marijuana plants, a Class H felony for 200 to 1,000 grams or four to 20 plants, a Class G felony for 1,000 to 2,500 grams or 20 to 50 plants, a Class F felony for 2,500 to 10,000 grams or 50 to 200 plants, and a Class E felony for more than 10,000 grams or more than 200 plants.
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LSD - A person may be charged with a Class G felony for up to one gram, a Class F felony for one to five grams, and a Class E felony for more than five grams.
The penalties for different classes of felonies that may apply to drug distribution charges are as follows:
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Class I felony - A maximum prison sentence of three years and six months and/or a fine of up to $10,000.
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Class H felony - A maximum prison sentence of six years and/or a fine of up to $10,000.
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Class G felony - A maximum prison sentence of 10 years and/or a fine of up to $25,000.
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Class F felony - A maximum prison sentence of 12 years and six months and/or a fine of up to $25,000.
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Class E felony - A maximum prison sentence of 15 years and/or a fine of up to $50,000.
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Class D felony - A maximum prison sentence of 25 years and/or a fine of up to $100,000.
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Class C felony - A maximum prison sentence of 40 years and/or a fine of up to $100,000.
Federal Drug Trafficking Charges
Drug trafficking generally involves transporting or distributing controlled substances across state lines or international borders. Because these offenses involve people in multiple states or countries, they may be investigated and prosecuted by federal agencies such as the Drug Enforcement Administration (DEA). However, federal charges may also apply in situations involving large amounts of drugs or people who were allegedly involved in large-scale drug conspiracies.
As with state-level charges, the specific federal charges for drug trafficking will usually depend on the types and amounts of drugs involved in a case. For example, a conviction for trafficking 100 grams of heroin, 500 grams of cocaine, or five grams of methamphetamine may result in a prison sentence of five to 40 years and a fine of up to $5 million. Trafficking one kilogram of heroin, five kilograms of cocaine, or 50 grams of methamphetamine may result in a prison sentence of 10 years to life and a fine of up to $10 million. Sentences can increase significantly if a person had previously been convicted of serious drug crimes or violent crimes or if an offense resulted in someone's death.
Contact Our Milwaukee Drug Crime Defense Lawyers
Drug distribution and drug trafficking are very serious offenses that can have life-altering consequences. It is essential to take these charges seriously and seek legal representation as soon as possible. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee, WI drug charges attorneys can help you navigate the legal system and fight for your rights. Contact us at 414-271-1440 to arrange a consultation and learn how we can help with your case.
Sources:
https://docs.legis.wisconsin.gov/document/statutes/961.41
https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50
