Criminal lawyer menu bar Milwaukee OWI attorney Menu Criminal lawyer menu bar 3
You are only Guilty if you are Convicted
Drunk
Driving
Guns
Firearms
Drugs
Narcotics
Domestic
Violence
Sexual
Assault
Homicides
Manslaughter

Possession of a Controlled Substance Attorney in Wisconsin

Drug Possession Charges & Penalties Wisconsin

January 2, 2019

Minimum Penalties for Possession of a Controlled Substance

And those are just the minimum penalties associated with possession of a controlled substance or narcotic drug. Intent to distribute makes the charges much worse. The judge will often use discretion in their determination of intent to distribute, but it's really up to them in the end.

Possession of a controlled substance in Wisconsin, with or without intent to distribute, comes with harsh penalties and is a felony offense in certain cases. Intent to sell is determined based on the amount of drugs or their packaging, whether or not you actually planned to sell or deliver. With these charges, you could be facing jail time and serious fines. Take a look at these 5 major reasons to fight your possession charges.

From marijuana to Adderall to heroin, cocaine, and painkillers like Vicodin, drug possession charges are a serious offense. If you’re caught driving under the influence of a controlled substance, you need the best drug defense lawyer on your side.

Penalties for Possession of Controlled Substances in Wisconsin: first & subsequent offenses

Penalties for possession of schedule I & II drugs in Wisconsin

Schedule I & II Narcotic Drugs

Penalties for possession of or attempt to possess a controlled substance in schedule I or II which is a narcotic drug or an analog (counterfeit narcotic drugs) of a narcotic drug:

  • Class I felony
Penalties for possession of general controlled substances in Wisconsin

Other Drugs Generally

Penalties for possession of or attempt to possess a controlled substance (excluding: cocaine or cocaine base, certain hallucinogenic and stimulant drugs, tetrahydrocannabinols, synthetic cannabinoids, gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, ketamine, or flunitrazepam, methamphetamine), or an analog of, that isn’t schedule I or II:

  • Misdemeanor
Penalties for possession of cocaine and crack in Wisconsin

Cocaine & Cocaine Base (Crack)

Penalties for possession of or attempt to possess cocaine/base or an analog (imitation controlled substance) of cocaine/base:

  • First offensefine of no more than $5,000 and no more than one year in county jail or both
  • 2nd or subsequent offenses – class I felony
Penalties for possession of hallucinogens and stimulants in Wisconsin

Certain Hallucinogenic & Stimulants

Penalties for possession of or attempt to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, psilocin, or psilocybin, or an analog of those drugs:

  • First offensefine of no more than $5,000 and no more than one year in county jail or both
  • 2nd or subsequent offenses – class I felony
Penalties for possession of marijuana in Wisconsin

Tetrahydrocannabinols & Synthetic Cannabinoids

Penalties for possession of or attempt to possess tetrahydrocannabinols or an analog (counterfeit controlled substance) of tetrahydrocannabinols:

  • First offensefine of not more than $1,000 or imprisonment for no more than 6 months or both
  • 2nd or subsequent offenses – class I felony
Penalties for possession of ketamine in Wisconsin

Gamma-Hydroxybutyric Acid, Gamma-Butyrolactone, 1,4-Butanediol, Ketamine, and/or Flunitrazepam

Penalties for possession of or attempt to possess gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, ketamine, or flunitrazepam, or an analog of those drugs:

  • Class H felony
Penalties for possession of methamphetamine in Wisconsin

Methamphetamine

Penalties for possession of or attempt to possess methamphetamine or an analog of methamphetamine:

  • Class I felony

*for this article, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

Prescription Drug Possession Charges

Prescription drugs can land you in big trouble, too. Just because the drug is FDA approved doesn't mean you won't get in trouble for illegally possessing and amount of it. This includes Adderall, Vicodin, Xanax, and many more drugs people use for both medicinal and recreational purposes. If the prescription isn't yours, don't take it. Police don't overlook a crime just because you have a final exam to cram for.

Narcotics vs Controlled Substances

All narcotics are controlled substances, but not all controlled substances are narcotics.

21 USCS § 802 (17) says the term 'narcotic drug' means “any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(A) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium.

(B) Poppy straw and concentrate of poppy straw.

(C) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed.

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.

(E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers.

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E).”

Controlled substances are drugs that are regulated by federal and state laws. These laws aim to curb the risk of addiction, abuse, harm of all sorts, illegal trafficking, and dangers posed by the actions of people who have used the substance incorrectly. Controlled substances fall under categories called 'schedules' that denote their potential harmfulness: schedule 1 (C-I), schedule 2 (C-2), schedule 3 (C-3), schedule 4 (C-IV), and schedule 5 (C-V).

Schedule 1 drugs typically have no accepted medical use and so are considered narcotic drugs. Schedule 2-4 drugs are used as medications and require a prescription to be obtained legally. Schedule 5 drugs are used as medications but can be obtained without a prescription.

Our drug attorneys in Wisconsin challenge claims of intent to sell to get your charges reduced to just possession, or get them dropped entirely.

Contact our Menomonee Falls controlled substance possession lawyer for a free consultation.
/WisconsinDrug/CounterfeitControlledSubstance
Back To Capabilities