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Possession of amphetamines is illegal under Wisconsin statute 961.41(3g). It is only legal when it has been prescribed by a qualified medical practitioner. Illegal possession of amphetamines can result in a misdemeanor or a felony depending on the amount and whether there is provable intent to distribute the drug.
Possession of amphetamines is not automatically illegal in the state of Wisconsin. Amphetamine is a controlled substance, but can be legally possessed if prescribed by a medical professional acting as a medical professional. However, if you do not have a legal prescription for the amphetamine, you could be facing serious legal consequences.
To convict a person of possession of the amphetamines, the State has the burden of proving beyond a reasonable doubt that:
To defend against possession charges, a qualified defense attorney can assist you in evaluating the evidence for potential challenges to the charge.
For example, if the amphetamines were in a shared living space with other people, or were in a vehicle with other people in it, a jury could conclude that the amphetamines were not in your possession. “Possession” requires knowledge of the substance’s presence, and “actual, physical control” of it.
Additionally, you have to know or believe that the substance was amphetamine. If there is evidence that you had no reason to believe that the substance was amphetamine or another controlled substance, a jury could conclude that the State failed to meet its burden of proof.
As noted above, amphetamines have a lawful, medical purpose as a prescription drug. If the amphetamines were prescribed to you by a qualified medical professional, and you have documentation of the same, possession of the amphetamine is not a criminal offense.
Finally, if the amphetamine was found as a result of an illegal search or seizure, the evidence of the possession may be suppressed as a matter of law.
Amphetamines are a stimulant. Qualified medical professionals may legally prescribe them to treat conditions like Attention Deficit Disorder (ADD), Attention-Deficit/Hyperactivity Disorder (ADHD), and Obesity. They are a controlled substance because they can be addictive and may be abused. Common prescribed amphetamines include drugs such as Adderall, Dexedrine, and Vyvanse.
Possession of amphetamines is not automatically illegal. Under Wisconsin statute 961.41(3g), if prescribed by a medical professional acting as a medical professional, possession if not a crime. Possession under any other circumstance is illegal under Wisconsin law.
If convicted of possession of amphetamines as a first offense, under Wisconsin statute 961.41(3g)(d), a defendant can be sentenced to up to a year in jail, fined up to $5,000.00, or both. Further, upon conviction, the judge has the discretion to suspend the defendant’s driving privileges between six months and five years.
Possession of amphetamines as a second or higher offense makes the charge a Class I felony rather than an unclassified misdemeanor. Further, if convicted, a defendant can be sentenced to up to 3.5 years in prison, fined up to $10,000.00, or both. Again, the sentencing judge has the discretion to suspend the defendant’s license.
As noted, simple possession of amphetamine without a valid prescription can result in criminal charges. If there is reason to believe that the amphetamines were not for personal use, but instead to be sold or given to other people, the charges and potential penalties may be increased significantly for intent to distribute a prescription drug. Under Wisconsin statute 961.41(1m)(e), the potential penalties are as follows:
The State has the burden of proving that there was an intent to distribute amphetamines as part of any case. A criminal defense attorney can assist you in evaluating potential defenses and challenges to these charges.
