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Under Wisconsin Statute § 941.316, abuse of a hazardous substance means inhaling, ingesting, or introducing a toxic chemical or household product into the body contrary to warning labels or intended use to induce intoxication or get high. Penalties range from a Class A misdemeanor for personal use to a Class I felony for distribution.
A charge involving misusing hazardous substances in Wisconsin does not automatically equate to a conviction for that offense, especially if you hire a well-experienced defense attorney to protect your rights and adequately fight on your behalf. Every case involves unique facts, but the most common way to defend against hazardous substance abuse charges is to attack the intent element.
To convict you of this drug offense, prosecutors are required to prove that you intended to inhale or ingest the substance for the primary purpose of becoming impaired. Thus, a lack of proof of intent to consume to become impaired, beyond a reasonable doubt, will not result in a conviction. Oftentimes, prosecutors rely on specific admissions by the defendant to prove intent, so it is important to avoid making any admissions to law enforcement whenever possible if under investigation for abuse of hazardous substances.
Facing allegations involving hazardous substances can be an overwhelming process, especially if those charges involve toxic chemicals, inhalants, or other dangerous materials. Prosecutors in Wisconsin take these types of drug charges seriously, and a conviction for this type of offense will create a permanent record, may include serving time in custody and hefty fines, and may have long-term consequences on job, housing, or employment opportunities. Understanding the laws surrounding hazardous substances in Wisconsin is the first step to protecting yourself throughout this process.
In Wisconsin, abusing hazardous substances typically refers to ingesting, inhaling, or otherwise introducing into the human body any hazardous substance for the purpose or intent of inducing intoxication or mental alteration. Unlike other possession crimes in Wisconsin, which typically involve controlled substances like cocaine or THC, hazardous substance offenses typically involve common household or industrial products. These items, unlike controlled substances, may be legal to possess for use within their intended purpose, but are unlawful to possess for the primary purpose of becoming intoxicated.
Some examples of conduct that may lead to criminal charges include inhaling fumes from paint or aerosol sprays or using nitrous oxide for impairment, commonly referred to as huffing. There are a variety of similar examples that can lead to criminal charges in Wisconsin.
Wisconsin Statute 941.316 dictates the laws around hazardous substance abuse. The law specifically defines “abuse” as “to ingest, inhale, or otherwise introduce into the human body a hazardous substance in a manner that does not comply with any cautionary labeling that is required… or in a manner that is not intended by the manufacturer of the hazardous substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental process.”
This is a lengthy way of banning the smelling, inhaling, ingesting, or other introduction of any hazardous substance if the intent is to induce intoxication. Importantly, this definition of “abuse” requires the intent to induce impairment. So if you accidentally spend too much time near open paint while redoing your living room and end up with a migraine, that would not form the factual basis for a criminal charge. Instead, the prosecutor must prove that you intended to inhale the fumes for the specific purpose of becoming impaired, or inducing intoxication, or affecting your mental processes.
Other than prohibiting the ingestion of hazardous substances with the intent to impair, Wisconsin’s hazardous substances statute also prohibits the distribution of hazardous substances while knowing or having reason to know that the hazardous substance will be abused.
Wisconsin statutes define hazardous substances as: Any substance or mixture of substances that is toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, or generates pressure through decomposition, heat, or other means. And then specifically if the substance or a mixture of those substances might cause substantial personal injury or illness during any handling or use, then it is a hazardous substance.
Based on the broad language within the statutes, Wisconsin’s law can apply to a wide variety of chemicals and products. A good rule of thumb is whether the product produces strong vapors or scents. Some common examples of types of hazardous substances include:
Because of the broad nature of qualifications of hazardous substances in Wisconsin, these cases often require careful analysis by a skilled criminal defense attorney.
If you are convicted of abuse of hazardous substances in Wisconsin under Statute 941.316, you will be convicted of a Class A misdemeanor offense. This will subject you to up to nine months in jail, up to $10,000.00 in fines, or both. If you are convicted of distributing a hazardous substance if you knew or had reason to know it would be abused or used improperly, the charges will be increased to a Class I felony offense which will subject you to up to three years and six months imprisonment, up to $10,000.00 in fines, or both. For both offenses, you may also be required to complete an Alcohol or Other Drug Abuse (AODA) assessment and any recommended follow-up treatment, and you may face penalties imposed on your driver’s license depending on the circumstances involved in your case.
If you have been charged with abuse of hazardous substances in Wisconsin, it is important to act quickly and hire a trained criminal defense attorney to represent you through this process as quickly as possible.
