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Penalties for Illegal Possession of Prescription Drugs in Dane County

Although there are many people who illegally possess and abuse prescription drugs, it can be easy to mistakenly possess them, too. The most common prescription drug possession charges our attorneys see in Madison are for illegal possession of painkillers like Vicodin and antidepressants such as Valium, Ambien or Xanax.

The penalties for illegal possession of prescription medications vary in Wisconsin depending on the type of drug and which schedule it falls under (see other WI sentencing factors):

Unlawful Possession of Amphetamines:

• First offense maximum penalties: 1-year jail and/or $5000 fine

• Second or subsequent is a Class I felony, maximum penalties: 3 years, 6 months in prison and/or $10,000 fine

Unlawful Possession of Schedule I or Schedule II Narcotics:

• Class I felony; maximum penalties: 3 years, 6 months in prison and/or $10,000 fine

Unlawful Possession of Scheduled Non-Narcotics:

• Misdemeanor, maximum penalties $500 fine and/or 30 days jail 

You are only guilty if you are convicted™

Madison Drug Possession Attorneys Give you a Fighting Chance at Beating a Prescription Drug Charge in Wisconsin

Prescription drugs are some of the most abused substances in Wisconsin and include:

• Adderall
• Ambien
• Amphetamines
• Buprenorphine
• Gabapentin
• Hydrocodone
• Klonopin
• Methylphenidate
• Oxycodone
• Oxycontin
• Percocet
• Ritalin
• Steroids
• THC (Δ9-tetrahydrocannabinol)
• Valium
• Viagra
• Vicodin
• Vyvanse
• Xanax
• Zopiclone

Drugs prescribed to people with ADHD are commonly abused by students who think it will help them focus on studying. The most common drugs in this category are Ritalin and Adderall.

Amphetamines, such as Adderall or methamphetamine are Schedule I Controlled Substances, which means they carry severe penalties if you have gotten them illegally.

Penalties for possessing prescription medications can be as severe as those for illegal drugs. The Wisconsin Controlled Substances Act considers prescription opiates/opiods, such as morphine, codeine, and oxycodone to be Schedule II Substances. 

Two other prescription drugs commonly abused are Rohypnol and ketamine. These are usually known as “date-rape drugs.” They are categorized as Schedule IV and Schedule III substances respectively. Many times a possession charge of these drugs is accompanied by more severe charges of sexual assault or aggravated assault. 3rd degree sexual assault Wisconsin penalty guidelines can be severe.

If you are a college student and are convicted of possessing prescription drugs in Wisconsin, you may lose your state and federal financial aid, including subsidized loans. You can also risk losing scholarships or private grants. If you are a medical student or nursing student and charged with illegally possessing prescription medications in Wisconsin, you risk permanent disqualification from working in the medical field.

The specific list of prescription drugs that are regulated in the Controlled Substances Act is extensive. You can find a comprehensive list in Chapter 961 of the Wisconsin State Statutes.

Scheduled non-narcotics can include depressants such as zolazepam and ketamine, which are typically used as veterinary tranquilizers; stimulants such as clortermine, an appetite suppressant, and anabolic steroids.

Any fines associated with a drug conviction are subject to additional surcharges, which can be up to 50% of the fine. This surcharge is called The Drug Abuse Program Improvement Surcharge and it funds the Wisconsin Department of Health and Family Services' AODA (alcohol and other drug abuse) prevention programs.

Drug convictions in Wisconsin can also come with a suspension of your driving privileges for up to 5 years.

If you possess Schedule I or II drugs, ketamine, or Rohypnol within 1,000 feet of a school, public park, or other certain buildings, the penalty carries an additional mandatory sentence of 100 community service hours.

Dane County Criminal Defense Attorney for Possession of Prescription Drugs

If you’re charged with possession of prescription drugs in Wisconsin, you need a criminal defense attorney who knows how the prosecution works. As a group of former state prosecutors and award-winning criminal defense attorneys, attorneys at Grieve Law are uniquely qualified to handle your case.

Grieve Law knows what the prosecution has to do to prove their case and we know the common mistakes police and law enforcement make that violate your constitutional rights. Give us a call before your initial appearance in Wisconsin. A good criminal defense attorney will be able to build a defense to get your charges reduced or even dismissed. Tom Grieve has done this for hundreds of clients facing similar charges, first offense DWIs, intent to distribute and more.

No other criminal defense firm in Madison, Verona, Fitchburg, Middleton, Sun Prairie or surrounding communities can match our record of getting drug possession charges reduced or dropped entirely. Don’t risk your freedom with a general practice attorney. Call Grieve Law and give yourself the best chance at getting your drug possession charges reduced, or even dropped altogether.

Contact our Madison Drug Defense Attorney for a free legal consultation.