Wisconsin Possession of a Controlled Substance: Fines, Penalties, Defenses

You are only guilty
if you are convicted.^®

Wisconsin Possession of a Controlled Substance: Fines, Penalties, Defenses

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.

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 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 Wisconsin.

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.

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 and got a DUI charge, you need the best drug defense lawyer on your side. Learn more about OWI penalties being paired with drug possession charges.

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:

Class I felony

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

Cocaine & Cocaine Base (Crack)

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

First offense – fine of no more than $5,000 and no more than one year in county jail or both
2^nd or subsequent offenses – class I felony

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 offense – fine of no more than $5,000 and no more than one year in county jail or both
2^nd or subsequent offenses – class I felony

Tetrahydrocannabinols & Synthetic Cannabinoids

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

First offense – fine of not more than $1,000 or imprisonment for no more than 6 months or both
2^nd or subsequent offenses – class I felony

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

Methamphetamine

Penalties for possession of methamphetamemes in Wisconsin 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.

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 Grieve Law 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.

You are only guilty
if you are convicted.^®