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Maintaining a drug trafficking place is a Class I felony charge in Wisconsin under Statute 961.42. This charge, which often accompanies other drug charges like possession with intent to distribute, can apply to anyone who knowingly keeps or maintains a building, dwelling, vehicle, or other structure or place used for manufacturing, storing, or delivering controlled substances.
Maintaining a drug trafficking place is one type of drug charge among many. If someone maintains or has control over a place where illegal drugs are made, stored, sold or used, they could face felony charges.
Wisconsin statute 961.42 prohibits anyone from “keeping or maintaining a drug trafficking place.” Specifically, it says that it is unlawful for any person knowingly to keep or maintain any structure or place used for manufacturing, keeping, or delivering illicit drugs.
So, what does this statute actually mean? If you intentionally have management or control over a place–which could be any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place–and that place is used to either manufacture, store, deliver or use illegal drugs, you could be charged with this offense.
The most common “places” that are considered under this statute are houses and cars. However, it can also be a business, warehouse, a car, or even a boat or airplane. The statute includes a catch-all in the definition for “any other structure or place” which allows many other types of places to be covered under this statute as well, for example even a tent could qualify. Essentially, anywhere that illegal drugs are manufactured, stored, sold, or used could qualify as a drug trafficking place under this statute.
There are a variety of ways to defend these types of cases, and it will ultimately depend on the specific facts of each case. Sometimes there is evidence, or a lack of evidence, to show that the defendant was not aware that the place was used for manufacturing, keeping, using, or selling illegal drugs. In other cases, there may be evidence that the defendant did not actually have management or control over the place. Or, it may be proven that the place was actually not used to manufacture, keep, sell, or use drugs. Depending on the facts of the case, it could also be possible to challenge the legality of any search that was conducted.
In order to be found guilty of “Keeping or Maintaining a Drug Trafficking Place,” the State must prove three elements beyond a reasonable doubt:
Though this is most often used to charge manufacturing, keeping, or delivering, the statute also states this can be charged if a place is “resorted to by persons using controlled substances.” This means if someone intentionally maintains a place that is frequented for the purpose of doing drugs, they can be charged with this crime.
Maintaining a drug trafficking place is a Class I felony in Wisconsin, which is punishable by up to 3.5 years in the Wisconsin State Prison System. This 3.5 years is divided by a maximum of 1.5 years of initial confinement and 2 years of extended supervision. There is also a potential fine of up to $10,000.
This offense is commonly charged along with other drug charges, so these penalties may be only a portion of the potential penalties a defendant faces.
If you are ultimately convicted of maintaining a drug trafficking place, whether that is the result of a guilty plea or a guilty verdict at trial, there are several factors the judge considers during sentencing.
Specific to drug cases, some of the most important factors the judge considers are the type of illegal substance(s) involved, the amount of the substance, and if you have any other history of drug offenses in the past.
Sentences for drug charges can range anywhere from a fine to prison time, with many other options in between. One such option may be a deferred prosecution agreement, which requires upfront counseling and monitoring in exchange for reduced charges or a lesser sentence upon successful completion. Another option may be probation or county jail time. What type of sentence you receive depends heavily on the type and amount of the drug involved in your case.
Wisconsin law divides the types of illegal substances into five categories, labeled Schedule I through Schedule V. Schedule I substances are supposed to create a high risk of addiction and do not have a legitimate medical use, whereas Schedule V drugs consist of more common prescription medications with legitimate medical uses. Because Schedule I drugs are more dangerous, they carry much more serious penalties than Schedule II through V drugs.
Possession of marijuana, cocaine, methamphetamine, and LSD, although they are classified as Schedule I and II substances, are charged as a misdemeanor if you have no prior history. However, if you are arrested for possession of these substances two or more times, called a “second and subsequent offense,” the charges can increase to felony offenses.
On a second and subsequent offense for possession of cocaine, THC, methamphetamine, or LSD, you could be charged with a Class I felony which is punishable by up to $10,000 in fines and up to three and a half years in prison. Keep in mind that you can still be charged for a second and subsequent possession offense even if the amount you possessed is very small, or if the drug you were previously convicted of possessing is a different drug.
For more dangerous drugs like fentanyl or narcotics, simple possession of a personal-use amount, even as a first offense, can result in a Class I felony punishable by up to 3.5 years in prison and a $10,000 fine.
One added penalty common with drug conviction in Wisconsin is a driver’s license suspension of up to five years. This specific punishment comes from Wisconsin statute section 961.50 and is used if the judge finds it necessary.
Just as the law has different penalties for drug types, there are also different penalties for drug amounts. Penalties increase based on not only the quantity of the drug, but also whether the police believe you intended to sell the drug.
For example, possession of cocaine with intent to deliver of 1-5 grams is a Class F felony punishable by up to $25,000 in fines and/or 12.5 years in prison. If you are arrested for possessing between 5-15 grams of cocaine with intent to deliver, it is a Class E felony with penalties up to $50,000 in fines and/or 15 years in prison. Possessing with intent to deliver 15-40 grams of cocaine is a Class D felony punishable by a maximum of $100,000 in fines and/or 25 years in prison. And finally, for possession of 40 or more grams of cocaine, it is a Class C felony and the maximum potential penalties are up to $100,000 in fines and/or 40 years in prison.
For marijuana offenses, if you are caught with 1,000 grams of THC or more, you could be charged with a Class G felony with fines up to $25,000 and up to 10 years in prison. With 200 grams or more, you could face a Class H felony with fines up to $10,000 and/or 6 years in prison. Even if you possessed less than 200 grams, you can still be charged with a Class I felony which is punishable by up to $10,000 in fines and 3.5 years in prison.
Larger amounts of fentanyl also carry serious penalties. If you are charged with manufacturing, distributing or delivering 10 grams or less of fentanyl in Wisconsin, you may be charged with a Class E felony which carries penalties of $50,000 and/or 15 years in prison. For 10-50 grams of fentanyl, you could face penalties of $100,000 in fines and up to 25 years in prison. Finally, if you are caught with over 50 grams of fentanyl, it is a Class C felony which has penalties of up to 40 years in prison and $100,000 in fines.
Keep in mind that even if you don’t have a significant amount of illegal drugs in your possession, circumstantial evidence may be considered as well in deciding to charge you with felony offenses for “possession with intent to distribute” such as possession of a scale or packaging materials like baggies.
