Schedule V Drug Possession in Wisconsin

Heavy Fines & Penalties in Wisconsin Law

Schedule 5 Substances are defined by the DEA and State of Wisconsin as having “lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics.”

961.21  Schedule V tests.

(1m)  The controlled substances board shall add a substance to schedule V upon finding that:

(a) The substance has low potential for abuse relative to the controlled substances included in schedule IV;

(b) The substance has currently accepted medical use in treatment in the United States; and

(c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances included in schedule IV.

(2m) The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.

History: 1971 c. 219; 1995 a. 448 ss. 221, 222, 480; Stats. 1995 s. 961.21.

Drugs in this schedule may have no risk of abuse by themselves, but are still controlled because they can be used to manufacture more serious narcotics. These substances include:

• Cough preparations with less than 200 milligrams of codeine or per 100 milliliters
• Lomotil
• Motafen
• Lyrica
• BroveX
• Codeine
• Parepectolin
• Pseudoephedrine

Unauthorized possession of schedule 5 drugs, especially in large quantities, can result in a class I felony conviction. A class I felony is punishable by a fine of up to $10,000 and imprisonment of up to 3 ½ years.

Grieve Law is experienced in getting schedule 5 drug possession charges reduced or dropped. Contact us about a free consultation today.