Possession of a Controlled Substance
Possession | Delivery | Intent to Distribute
Possession of a Controlled Substance in Wisconsin
In Wisconsin, it is illegal to possess a controlled substance in any form, per Wis. Stat. 961.41(1m). The penalties for possession range, depending on the type and quantity of the drug possessed. When working with a client charged with a drug offense, Wyosnick Legal, LLC will address every possible defense to the drug charge. We will examine how the client came into contact with law enforcement and look in to whether the client’s Constitutional Rights were violated.
Additionally, when appropriate, Wyosnick Legal, LLC will work with clients charged with drug offenses to ensure that the client receives the necessary support in treating addiction and substance abuse. It is of no secret that American communities, including Wisconsin’s, are being plagued by an opioid epidemic. Many good people and families suffer from the pain and difficulty created by addiction. When our firm is retained by a client who asks for our help, Wyosnick Legal, LLC strives to work with the prosecution and the court system to get our clients professional treatment.
Drug Paraphernalia Possession Charges in Wisconsin
A charge of possessing drug paraphernalia is one of the most common charges in Wisconsin. Common examples include possessing a pipe, weed grinder, or syringe for the use of injecting heroin. While it may seem like a minor offense, drug paraphernalia possession is a misdemeanor offense that can carry steep penalties.
Possession of Drug Paraphernalia with Intent to Use – Misdemeanor
To be in violation of Wisconsin’s law, Wis. Stat. 961.573(1), a person must possess an item that qualifies as drug paraphernalia and have the intent to use the paraphernalia to ingest drugs.
• Max Jail: 30 days
• Max Fine: $500
Sale or Distribution of Paraphernalia – Misdemeanor
• Max Jail: 90 days
• Max Fine: $1,000
Wyosnick Legal, LLC has represented numerous clients charged with Drug Paraphernalia Possession, as well as those charged with possession of an illegal substance, delivery of an illegal substance and possession with intent to deliver, distribute or manufacture.
Penalties for Possession of a Controlled Substance
The penalties for charges related to possession of a controlled substance in the state of Wisconsin and Illinois vary based on the circumstances of the offense. However, in the state of Wisconsin the following penalties for possession of a controlled substance are typical.
Cocaine Possession
Cocaine possession is illegal in Wisconsin and considered a serious offense. Fortunately, Wisconsin allows for more lenient sentencing for first-time offenders of low-level cocaine possession. However, subsequent offenses or possession of large quantities of cocaine can lead to prison sentences and/or lengthy Probation terms.
Possession of cocaine is made illegal under Wis. Stat. 961.41(3g)(c), which makes it illegal to possess or attempt to possess cocaine.
Sentencing Range:
1st Offense – Misdemeanor
- Max Jail: 12 months jail
- Max Fine: $5,000
2nd or Subsequent Offense – Class I Felony
- Max Prison: 3.5 years
- Max Fine: $5,000
Potential License Suspension:
Along with the potential of jail or prison, a conviction for cocaine possession can lead to a 5-year suspension of driving privileges.
Alternatives to Jail and Prison for Cocaine Possession:
Every Wisconsin county has alternative sentencing through Drug Court Programs. Often, with a client’s permission, Wyosnick Legal, LLC will work to negotiate a disposition to a client’s case to gain them entrance into a drug court program. This would allow the client to avoid jail and prison, but more importantly, address any substance addiction needs the client might have.
Wyosnick Legal, LLC has represented countless clients charged with drug offenses. Our firm has the experience necessary to understand the defenses associated with a drug charge, as well as the therapeutic needs that many drug offenders might require to address addiction.
For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.
Ecstasy Possession
Ecstasy (3,4-methylenedioxymethamphetamine), commonly known as “Molly” or “MDMA” is a Schedule I controlled substance, illegal to possess in Wisconsin. A designer drug, used for its euphoric effects, ecstasy is one of the most commonly used illegal drugs in America. Being caught with ecstasy is considered a serious misdemeanor or felony offense, depending on the individual’s criminal history.
Sentencing Range:
A first-time offense possession of ecstasy is a misdemeanor offense. A second-offense or greater is a Class I felony. A charge will be a first-offense so long as the individual has never before been convicted of any drug related felony or misdemeanor, relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs. Wis. Stat. 961.41(3g(d).
1st Offense – Misdemeanor
- Max Jail: 12 months
- Max Fine: $5,000
2nd Offense – Class I Felony
- Max Prison: 3.5 years
- Max Fine: $10,000
Drug possession cases, involving accusations of an intent to deliver drugs, are serious but can be defended.
For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.
Heroin Possession
Possession of Heroin in Wisconsin is considered a serious crime. Wisconsin, like so many other communities around the United States, is battling a heroin epidemic. Heroin and Opioid addiction are at crisis levels, costing countless lives every day in Wisconsin as well as the Nation as a whole. Wyosnick Legal, LLC has an enormous amount of experience working with clients charged with heroin possession, and we have defended many clients against criminal charges, while simultaneously helping them find the help they may need.
Sentencing Range:
Possession of Heroin – Class I Felony
- Max Prison: 3.5 years
- Max Fine: $10,000 fine
Drug Court Alternatives
While possessing heroin is a Class I felony, many Wisconsin courts recognize that imprisoning or jailing people for drug possession is counterproductive. Many courts implement Drug Court Treatment Programs that exist to help and support a drug offender in battling their addiction(s). Wyosnick Legal, LLC has experience assisting clients in gaining admission to drug court programs to ensure that our clients receive the help that they need to survive and defeat their addictions.
For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.
For immediate help in fighting an addiction, please call the Wisconsin Addiction Recovery Helpline at 833-944-4673.
Marijuana (THC) Possession
Marijuana (THC) possession in Wisconsin is illegal. While every state surrounding the State of Wisconsin has legalized or decriminalized small amounts of marijuana possession, Wisconsin has made little effort to follow this trend. Further, Wisconsin prosecutors routinely sentence individuals with this charge to jail for low amounts of possession.
Sentencing Range:
1st Offense – Misdemeanor
- A misdemeanor offense for any amount in possession
- Max Jail: 180 days
- Max Fine: $1,000.00
- 6-month to 5-year license suspension
2nd Offense – Class I Felony
- Any subsequent offense of marijuana possession is a Class I Felony, regardless of the amount in possession
- Max Prison: 3.5 years
- Max Fine: $10,000.00
- 6-month to 5-year license suspension
Although Wisconsin may legalize marijuana in the future, Wisconsin currently maintains some of the most difficult penalties for marijuana possession. Along with potential jail sentencing, a conviction for marijuana possession can lead to suspension of driving privileges and extremely high fines and court costs. Wyosnick Legal, LLC has defended countless clients charged with Possession of Marijuana (THC).
For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.
For immediate help in fighting an addiction, please call the Wisconsin Addiction Recovery Helpline at 833-944-4673.
Experienced Law Firm for Possession of a Controlled Substance Charges
When facing criminal accusations associated to Possession of a Controlled Substance, it’s important to know the facts. If you have been charged with Possession of a Controlled Substance, it is in your best interest to consult with an attorney immediately. Wyosnick Legal, LLC has years of experience defending clients accused of drug possession, sales and drug manufacturing in the state of Wisconsin and Illinois.
For a free consultation of your case, please call Wyosnick Legal, LLC at 608-230-2413.
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Wyosnick Legal, LLC is an award-winning law practice because we understand what matters most to our clients when charged with criminal or drunk driving charges. Experienced legal representation is always your best defense - we are veterans of the courtroom. Let us be your advocate today!