Possession of a Controlled Substance Wisconsin's penalties, fines & jail info
Controlled substance charges could be at the misdemeanor or felony level, depending on the drug, circumstances, quantity and other conditions. Penalties, if convicted, could be first-offense possession of THC (no more than $1,000 fine and/or imprisonment up to 6 months) or felony for cocaine possession. Each drug and the specific situation has its own possible penalties if convicted.
OWI & Criminal Defense Attorney
January 2, 2019
Minimum Penalties for Possession of a Controlled Substance
- Cocaine – Fine of no more than $5,000, no more than one year in county jail, or both
- Tetrahydrocannabinols & Synthetics – Fine of no more than $1,000, no more than 6 months imprisonment, or both
- Certain Hallucinogens & Stimulants – Fine of no more than $5,000, no more than one year in county jail, or both
- Ketamine, Flunitrazepam, & Similar Drugs – Class H felony
- Methamphetamine – Class I felony
- Schedule I or II Narcotic Drugs – Class I felony
- Non-Narcotic Controlled Substances (not schedule I or II drugs) – Misdemeanor
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. If you are ever unsure about which felony/misdemeanor class your charges fall under, look into Class U misdemeanors in WI.
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
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:
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:
Cocaine & Cocaine Base (Crack)
Penalties for possession of or attempt to possess cocaine/base or an analog (imitation controlled substance) of cocaine/base:
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:
Tetrahydrocannabinols & Synthetic Cannabinoids
Penalties for possession of or attempt to possess tetrahydrocannabinols or an analog (counterfeit controlled substance) of tetrahydrocannabinols:
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:
Penalties for possession of methamphetamemes in Wisconsin or attempt to possess methamphetamine or an analog of methamphetamine:
*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.
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.
Contact our Menomonee Falls controlled substance possession lawyer for a free consultation.If you are facing possession or possession with intent charges, our drug attorneys in Wisconsin challenge claims of intent to sell to get your charges reduced or dropped entirely.
In Wisconsin, how long does a Controlled Substance charge stay on your record?
Controlled substance charges could remain on someone's record for life even if a Wisconsin resident is not convicted and avoids, for instance a $1,000 fine.