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The range of incarceration for possession of prescription drugs is between 30 days and 3.5 years in prison, your fines range between $500 and $10,000 or even more, and your driver’s license can be suspended from 6 months to 5 years.
Glenn Gaskill
OWI & Criminal Defense Attorney
Illegally possessing prescription drugs in Racine or Kenosha falls into different categories with different penalties, depending on the drugs that were possessed and the circumstances of your case. The range of incarceration that you would be facing starts at 30 days and goes up to 3.5 years in prison, your fines range between $500 and $10,000 or even more, and your driver’s license can be suspended from 6 months up to 5 years. Additionally, if you have previously been convicted of a drug offense, length of incarceration, fines and the level of charges against you will significantly increase.
The Uniform Controlled Substances Act classifies prescription drugs and can be found in chapter 961 of the Wisconsin statutes. Schedule I drugs have the most severe penalties, including time in prison, as they are categorized as highly addictive, with a high risk of abuse, and without a legitimate medical purpose.
Schedule II drugs include opiates and opioids such as Fentanyl, oxycodone, and hydrocodone. These drugs are considered to cause a significant risk of dependence and addiction, with a high risk of being abused. Possession of Schedule I or II drugs has a maximum sentence of 3.5 years in prison, a fine up to $10,000, or both. Possessing amphetamines, like Adderall, carries a jail sentence of up to 1 year, a fine of up to $5,000, or both.
Beyond Schedule I and II drugs, there are also charges for possession of non-narcotic scheduled drugs like steroids or depressants. The maximum sentence for possession of a non-narcotic scheduled drug is 30 days in jail and up to a $500 fine or both.
Despite the likelihood of abuse, many scheduled drugs do serve legitimate medical purposes. Adderall and other ADHD medications are used by students and others to focus better. The risk in this behavior is that if you do not have a prescription, you can end up with a felony conviction and possible prison time. The same student who may have been attempting to focus to do well in school now may not be eligible for financial aid because of a drug conviction.
If you are convicted for possessing or obtaining prescription medications that conviction, in general, will stay on your record permanently. You may have the opportunity to have your conviction expunged after successfully completing your sentence, but both you and your charge must meet specific criteria. Additionally, having your charge expunged does not remove the conviction from your record, it simply seals the record, so it is not visible to the general public. You may still have to report the conviction on financial aid applications for school, employment applications, and for other licenses.
To fight a charge for illegally possessing prescription drugs you must hire the right lawyer who is experienced and knowledgeable to evaluate your case and apply the law to your facts. If the drugs were found following a search of a vehicle, the right lawyer may be able to challenge the legality of the police search. If the police did not meet their legal requirement prior to searching the vehicle, any evidence found can be thrown out by the judge. On rare occasions, the prosecutor may have difficulties being able to prove that the drug is what it appears to be.
Frequently when you are facing charges for illegally possessing prescription drugs, the evidence gathered is based on the work of a confidential informant. The use of a confidential informant may create additional pursuable defenses for your lawyer. Our skilled and knowledgeable Racine and Kenosha drug team will review the evidence in your case, how it was obtained and formulate a plan to fight against your charges to get you the best possible outcome.
