Schedule I drugs include marijuana, heroin, LSD, and ecstasy. Those found to be in possession of schedule I drugs will be charged with either a misdemeanor or a Class I felony, meaning that a conviction can result in a fine of up to $10,000 and/or up to three and a half years in prison.

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Schedule 1 Drugs in Wisconsin

The possession of Schedule 1 drugs in Wisconsin is controlled by The Wisconsin Uniform Controlled Substances Act. Possession of these substances is prohibited, unless there is a specific exception through state law or federal law. What are Schedule 1 drugs? Some common Schedule 1 drugs are marijuana/THC (including synthetic such as Spice or K2), Heroin, Methamphetamine, MDMA (Ecstasy/Molly), Fentanyl, Codeine, LSD, and other Hallucinogens.

A substance is determined to be Schedule 1 based on three criteria: (1) whether it has a high potential for abuse; (2) if it has no currently acceptable medicinal use in the United States; and (3) if it lacks accepted safety for use in treatment under medical supervision. The findings are determined by the controlled substances board.

 

Wisconsin’s Schedule 1 Drug Laws

With the exception of THC, cocaine, and LSD/psilocybin/amphetamines, possession of a Schedule 1 drug in Wisconsin is a felony. If a person possesses or attempts to possess a Schedule 1 controlled substance (or analog), it is a Class I felony. However, that can vary depending on the type of drug, the volume of drug, or even where you are located.

Federal Law and State Law

Schedule 1 drugs are regulated on both a state and federal level. While there may be some federal laws that apply, federal cases are handled separately. If you are facing a federal crime, you should contact an attorney that specializes in federal cases. Grieve Law specializes in state level charges and cases.

Defending Against Possession of Schedule 1 Drugs

For most possession cases, a prosecutor has to prove three things: (1) that you knowingly possessed a controlled substance; (2) the substance is prohibited by law; and (3) that you knew or believed it was a substance that is a controlled substance.

Forming a defense against a possession charge is very fact specific. Whether or not you were aware of its presence, whether you actually possessed it or not, and what exactly the substance is are all things that can potentially be challenged.

Possession of THC or Marijuana

Is marijuana a controlled substance? In short, yes. While all of the states surrounding Wisconsin have legalized THC in some form or another, it remains a controlled substance in Wisconsin. The penalty for possession of THC can vary depending on local rules, as some municipalities have relaxed restrictions on possession of THC.

While in some places it may simply be an ordinance violation (ticket), the criminal charge for a first time Possession of THC can be a misdemeanor offense. The maximum penalty for misdemeanor Possession of THC is a fine up to $1,000.00, up to six months in jail, or both. Additionally, your driver license may be suspended for six months all the way up to five years.

Possession of Heroin

Heroin, also known as H, Smack, or Dope, is a Schedule 1 drug. It is widely considered to be one of the most addictive street drugs. Simple possession of Heroin, for a first offense, is a Class I felony, which carries a maximum penalty of a fine of $10,000.00 and/or three and a half years in prison.

Possession of LSD or Hallucinogens

LSD is one of several hallucinogenic drugs. Some others include Methamphetamine, Psilocin, and Psilocybin. Unlike most Schedule 1 drugs, the possession of LSD and hallucinogens is a misdemeanor in Wisconsin. That comes with it the maximum penalty of a fine of $5,000.00 and/or up to one year in jail.

Possession of Ecstasy or MDMA

Ecstasy and MDMA are forms of Hallucinogens and therefore are also misdemeanors in Wisconsin. The penalty for a first-time offense for possession of Ecstasy is a fine up to $5,000.00 and up to one year in jail.

Different Types of Drug Charges

While the possession of most Schedule 1 drugs is a Felony I, certain circumstances can increase the penalty for possession. The amount or weight of the drug, prior drug convictions, manufacturing or delivery of the drug, and where the offense occurred are all things that can increase the penalty for possession of a Schedule 1 drug.

Second and Subsequent

While simple possession of THC is a misdemeanor offense, an offense of a second possession of THC can be charged as a felony. If you have ever been convicted of a felony or misdemeanor possession of THC, any additional offense will likely be charged as a Class I Felony. The prior conviction for THC can have occurred in any state in the United States and does not have to have occurred in Wisconsin.

As such, the maximum penalty increases from a $1,000 fine and six months in jail to a maximum fine of $10,000 and up to three and a half years in prison.

This same penalty increase also applies to possession of cocaine. While a first offense for simple possession of cocaine is a misdemeanor (with a maximum $5,000 fine and up to one year in jail), a second (or more) offense for possession will be charged as a felony.

Possession of Drug Paraphernalia

Drug paraphernalia is any item that can be used to ingest, inhale, or otherwise introduce a controlled substance into the body. It can be traditional items like a pipe or a bong. It can be common everyday items like a scale, straw, or pen cap.

The possession of drug paraphernalia can be either an ordinance violation (ticket) or a criminal charge. The criminal charge is a misdemeanor offense punishable by a fine up to $500.00 and/or up to 30 days in jail. The judge can also suspend your driver license for between six months up to five years. A criminal drug paraphernalia conviction can be used as a prior offense for the purpose of turning a misdemeanor possession of THC into a felony second and subsequent offense.

Finally, if there is a controlled substance in of on the item, it can lead to a possession charge as well. The residue inside of a pipe can be the basis for a possession of THC offense.

Delivery or Manufacturing

Growing, cooking, or creating is considered manufacturing. Selling, or even giving it away, is considered delivery. While most Schedule 1 possession cases are Felony I, the maximum penalty can increase based on the facts of the case.

For example, a big factor is weight. As the weight of the drug increases, so does the severity of the penalty.

All other Schedule 1 drugs have varying degrees of severity based on the amount and vary from drug to drug.