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Prescription Drug Lawyer Water Street office (Milwaukee's lower east side)

In Milwaukee, the maximum penalty for a first-offense illegal possession of prescription amphetamines is up to a $5,000 fine, up to one year in jail or both. The subsequent offenses would have a maximum fine of $10,000, 3 years and 6 months in prison or both.

Tom Grieve

OWI & Criminal Defense Attorney

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Illegal possession of prescription drugs can result in a fine between $500 and $10,000 or more, jail time of 30 days up to three and a half years in prison or more, and potential driver's license suspensions for between 6 months to 5 years. Penalties for illegal possession of prescription drugs vary depending on the type of drug and the circumstances of your case. You may face additional penalties if you have previously been convicted of this offense and are charged for a second time. A second or subsequent conviction for illegal possession of prescription drugs carries increased potential incarceration and fines and can increase the level of offense.

Possession of a Schedule I or Schedule II narcotic drug is a Class I felony which carries a potential maximum of three and a half years in prison and up to a $10,000 fine or both. Possession of non-narcotic amphetamines such as Adderall carries a maximum $5,000 fine or up to one year in jail. Second or subsequent possession of amphetamines can be charged as a felony offense.

You can also be charged for illegally possessing non-narcotic scheduled prescription drugs such as depressants and steroids. Non-narcotic scheduled drugs carry a maximum fine of $500 or 30 days in jail, or both.

Prescription drugs are classified in schedules under Wisconsin’s Uniform Controlled Substances Act. Schedule I controlled substances have been determined to be highly addictive and have a high risk of abuse.  Schedule I controlled substances carry the highest potential penalties if you are convicted of illegally possessing them, including possible prison time.

Schedule II controlled substances have been determined to have a high potential for abuse and may lead to severe dependence. Oxycodone, Adderall, fentanyl, and hydrocodone are all Schedule II to controlled substances.

Schedule I and II prescription drugs have a high risk of abuse. However, some medications listed under those schedules are used for legitimate medical purposes. For example, college students may take Adderall or other ADHD medications to focus for their studies. However, if those students do not have a valid prescription for those medications, they can face felony charges that will impact their ability to get future employment, or potentially even finish their schooling. Convictions for possession of illegal prescriptions can result in the loss of financial aid, among many other penalties.

A full list of scheduled drugs can be found in chapter 961 of the Wisconsin statutes under the Uniform Controlled Substances Act.



How long does a prescription drug conviction stay on my record?

Generally, a conviction for illegally possessing or obtaining a prescription medication will remain on your record for the rest of your life. Under some circumstances, the court may grant expunction of the conviction if you successfully complete your sentence. However, expunction does not remove the conviction from your record. You may still be required to report a conviction for illegal possession of a prescription drug on employment applications, professional license applications, or on applications for financial aid for school.

How to beat a prescription drug charge

The most common issue that arises in a case of illegal possession of a prescription drug is whether the police legally conducted the search that led to the discovery of the drugs. If prescription drugs were found in your car following a traffic stop, Our skilled Milwaukee attorneys can review the evidence in your case to determine if the police legally stopped your vehicle, seized your person, and searched you or your vehicle. If the police did not follow the law for any part of their investigation, any drugs that they found may be ruled inadmissible against you.

Illegal possession of prescription drug charges can sometimes arise following the work of confidential information working with police. There is additional possible defense to your charge involving the legality of the use of the confidential informant. Contact our team of award-winning Milwaukee prescription drug attorneys to discuss the defenses available in your case.

 

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