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Wisconsin Penalties for Possession of Prescription Drugs with Intent to Distribute

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Milwaukee Criminal Defense Attorney Explains Consequences of Intent to Distribute Prescription Drugs in Wisconsin

While certain drugs are legal with a valid prescription, they are still regulated under the Wisconsin Controlled Substances Act. In Wisconsin, penalties for intent to distribute prescription drugs are just as severe as those for so-called “hard” drugs. These prescription drugs are common in many households and are often within reach of minors. The most common prescription pills our Milwaukee criminal defense attorney sees in relation to possession of prescription drugs with intent to distribute include Vicodin, Percocet, Zoloft and Valium.

Our Wisconsin criminal defense law firm in Milwaukee has seen people of all walks of life facing charges of possession of prescription drugs with intent to distribute or sell. Usually, those facing these types of drug charges are of the middle class and are not the stereotypical “drug dealer”.

An act as simple as sharing a prescription painkiller with someone could be considered “drug trafficking” under the letter of the law.

The most common prescription drugs being unlawfully distributed or sold include:

Prescription Drug Possession with Intent Waukesha AttorneyPainkillers

  • Vicodin and Zohydro (hydrocodone)
  • OxyContin and Percocet (oxycodone)
  • Opana (oxymorphone)
  • Fentora (fentanyl)

Anti-Anxiety Medication

  • Zoloft (sertraline)
  • Xanax (alprazolam)
  • Valium (diazepam)
  • Ativan (lorazepam)

ADHD Medication

  • Ritalin (methylphenidate)
  • Adderall (amphetamine)
  • Concerta (methylphenidate)

Sleep Aids

  • Ambien (zolpidem tartrate)
  • Lunesta (eszopiclone)

Other commonly-abused prescription drugs include appetite suppressants and several different types of steroids. Different prescription drugs fall under different drug schedules, as defined by the Wisconsin Controlled Substances Act.

Prescription amphetamines like Adderall are Schedule I Controlled Substances under the law, carrying the strictest consequences for conviction.

Prescription opiates and opioids, including codeine, morphine and their derivatives, fall under the umbrella of Schedule II Controlled Substances.

The so-called “date-rape drugs” ketamine and Rohypnol are classified as Schedule III and Schedule IV Controlled Substances, respectively. Ketamine is typically used as an anesthetic in human medicine and veterinary medicine. Flunitrazepam, the drug in Rohypnol, is used as a short-term insomnia treatment in humans.

Illegal distribution of ketamine and Rohypnol may lead to further charges as an accessory to a felony if the drugs are used to commit crimes against another person, including but not limited to sexual assault.

The entire list of drugs regulated by the Controlled Substances Act is outlined by schedule in Chapter 961 of the Wisconsin State Statutes.

Penalties in Wisconsin for Illegally Distributing Prescription Drugs

In Wisconsin, penalties for illegal possession of prescription drugs with intent to distribute vary in accordance of the schedule under which the drug is categorized in the Controlled Substances Act. Penalties also vary based on the amount discovered at the time of the drug offense.

Distribution of some drugs, such as amphetamines, ketamine and Rohypnol, carry greater penalties compared to other drugs within their schedule.

Possession with Intent to Distribute Amphetamines:

  • 3 grams or less: Class F felony; max. $25,000 fine and/or 12 years, 6 months in prison
  • 3-10 grams: Class E felony; max. $50,000 fine and/or 15 years imprisonment
  • 10-50 grams: Class D felony; max. $100,000 fine and/or 25 years of prison
  • 50 grams or more: Class C felony; max $100,000 fine and/or 40-year prison sentenceCaught with Prescription Pills Illegally Lawyer Waukesha

Possession with Intent to Distribute Schedule I or II Narcotics:

  • Class E felony; max. $50,000 fine and/or 15 years of prison

Possession with Intent to Distribute Schedule I, II or III Non-Narcotics:

  • Class H felony; max. $10,000 fine and/or 6 years in prison

Possession with Intent to Distribute Flunitrazepam (Rohypnol):

  • 3 grams or less: Class F felony; max. $25,000 fine and/or 12 years, 6 months of prison
  • 3-10 grams: Class E felony; max. $50,000 fine and/or 15 years imprisonment
  • 10-50 grams: Class D felony; max. $100,000 fine and/or 25 years in prison
  • 50 grams or more: Class C felony; max $100,000 fine and/or 40-year prison sentence

Possession with Intent to Distribute Schedule IV Controlled Substances:

  • Class H felony; max. $10,000 fine and/or 6 year prison sentence

Possession with Intent to Distribute Schedule V Controlled Substances:

  • Class I felony; max. $10,000 fine and/or 3 years, 6 months in prison

Those convicted of prescription drug offenses will also have their driving privileges suspended for up to 5 years.

Any property the prosecution deems to have been used in the manufacture, distribution or consumption of illegal prescription drugs, including your vehicle, is subject to seizure without compensation by the state. This also applies to any property purchased with the proceeds from drug sales.

In Wisconsin, distribution of prescription drugs to a minor could add as much as 5 years to your prison sentence. If you sold or distributed prescription drugs within 1,000 feet of a school, public park or certain other public buildings you may also be facing an additional 5 years in prison. Possession of schedule I or Schedule II prescription drugs, ketamine or flunitrazepam within this radius carries an escalator sentence of 100 hours community service.

In 1987, the Wisconsin State Legislature enacted the Drug Abuse Program Improvement Surcharge to all fines levied in drug convictions. The surcharge amounts to up to 50% in addition to the fine proscribed under the law. The surcharge goes to the state’s Department of Health and Family Services to fund drug and alcohol abuse prevention programs.

Award-Winning Milwaukee Criminal Defense Attorney Gets Prescription Drug Charges Dropped or Reduced

As a former state criminal prosecutor, no one knows the prosecution’s game plan better than award-winning Milwaukee criminal defense attorney Tom Grieve. Many Wisconsin drug possession charges are hinged on illegal search-and-seizures by law enforcement, false probable cause, and other violations of the Fourth Amendment.

If you’re being charged with prescription drug possession with intent to deliver, contact the Milwaukee criminal defense law firm with a track record for success. Whether it’s your first drug offense or if you’ve been through this process before, Grieve Law gives you the best chance for reductions of drug charges, favorable sentencing, even getting the drug charges dropped entirely!

When other lawyers treat you like just another case, come to the Milwaukee criminal defense law firm who respects the fact you’re putting your entire life in our hands.

Contact our Milwaukee criminal defense law firm now to setup your FREE legal consultation.