Possession with Intent to Deliver 

Possession     |     Delivery     |     Intent to Distribute

Possession of a Controlled Substance with Intent to Deliver in Wisconsin

Wisconsin makes it illegal to possess a controlled substance and have the intent to deliver the substance, per Wis. Stat. 961.41(1m). This law is different from simply possessing a controlled substance (cocaine, heroin, methamphetamine, certain prescription medication, etc.) in that the key element of the crime is whether the accused not only possessed the drug, but also had the intent to deliver/distribute the drug to another person.

Intent is defined under Wis. Stat. 961.41(1m), which states that intent “may be demonstrated by:

  • The quantity of the drug possessed;
  • The street value of the drug;
  • Whether any equipment to manufacture a drug is present;
  • The presence of any drug paraphernalia; and
  • The actions or statements of the accused that would tend to be done by someone intending to distribute a drug.”

Being in possession of a Schedule I or Schedule II controlled substance or controlled substance analog narcotic drugs is illegal in Wisconsin, under Wis. Stat. 961.41(1m)(a). Furthermore, it is illegal to possess the drug with the intent to deliver or distribute. Generally, this crime is considered a Class E felony, but the exact classification of the charge depends on the type and quantity of drug possessed.

 

Types of Controlled Substances:

Schedule I Drugs:

Schedule I drugs are substances with no accepted medical use and a high potential for abuse:

  • Heroin
  • LSD
  • Ecstasy

Schedule II Drugs:

Schedule II drugs are substances with a high potential for abuse:

  • Vicodin
  • Cocaine
  • Methamphetamine,
  • Hydromorphone (Dialaudid)
  • Oxycodone
  • Fentanyl
  • Adderall
  • Ritalin

Schedule III Drugs:

Schedule III drugs are substances with a moderate to low dependence rate, but requiring a prescription:

  • Ketamine
  • Anabolic steroids
  • Tylenol with codeine

Schedule IV Drugs:

Schedule IV drugs are substances with a low potential for abuse and dependence but requiring a prescription:

  • Xanax
  • Valium
  • Ativan
  • Ambien
  • Tramadol

Penalties for Possession with Intent to Deliver

The penalties for charges related to possession of a controlled substance with intent to deliver, distribute or manufacture 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 with intent to deliver are typical.

Cocaine Possession with Intent to Manufacture, Distribute, or Deliver

Unlike simply possessing cocaine for personal use, possessing cocaine with the intent to distribute, sell, manufacture or deliver is automatically a Felony offense which carries the potential of a serious prison term. Wis. Stat. 961.41(1m)(cm).

Sentencing Range:

1 gram or less – Class G felony

  • Max Prison: 10 years
  • Max Fine: $25,000

1 to 5 grams – Class F felony

  • Max Prison: 12.5 years
  • Max Fine: $25,000

5 to 15 grams – Class E felony

  • Max Prison: 15 years
  • Max Fine: $50,000

15 to 40 grams – Class D felony

  • Max Prison: 25 years
  • Max Fine: $100,000

40 grams or more – Class C felony

  • Max Prison: 40 years
  • Max Fine: $100,000

Wyosnick Legal, LLC has experience representing clients charged with these charges. We understand the Constitutional rights involved with drug investigations, and we understand the possible defenses that you might have to your case.

For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.

Possession of Ecstasy with Intent to Deliver, Distribute, or Manufacture

Ecstasy (3,4-methylenedioxymethamphetamine), commonly known as “Molly” or “MDMA” is illegal to possess in Wisconsin, as is having the intent to deliver, distribute and/or manufacture. Intent to sell or manufacture ecstasy is a felony offense, that can result in a prison or jail sentence.

Sentencing Range:

3 grams or less – Class F felony

  • Max Prison: 12.5 years
  • Max Fine: $25,000

3 grams to 10 grams – Class E felony 

  • Max Prison: 15 years
  • Max Fine: $50,000

10 grams to 50 grams – Class D felony

  • Max Prison: 25 years
  • Max Fine: $100,000

50 grams or more – Class C felony

  • Max Prison: 40 years
  • Max Fine: $100,000

Drug possession cases, involving accusations of an intent to deliver drugs, are serious but can be defended. Our law firm has years of experience defending these types of criminal charges in the state of Wisconsin and Illinois. 

For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.

Heroin Possession with Intent to Deliver, Distribute, and/or Manufacture

The possession of Heroin with intent to deliver, distribute, and/or manufacture the drug 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 and the Nation as a whole. Therefore, being charged with intending to manufacture, deliver or distribute heroin is taken extremely seriously by courts throughout Wisconsin.

Sentencing Range:

3 grams of less – Class F felony

  • Max Prison: 12.5 years
  • Max Fine: $25,000

3 grams to 10 grams – Class E felony

  • Max Prison: 15 years
  • Max Fine: $50,000

10 grams to 50 grams – Class D felony 

  • Max Prison: 25 years
  • Max Fine: $100,000

50 grams or more – Class C felony 

  • Max Prison: 40 years
  • Max Fine: $100,000 

If you have been charged with Possession of Heroin with Intent to Deliver, Manufacture, or Distribute, you need the assistance of a lawyer. Wyosnick Legal, LLC has experience representing persons accused of intent to deliver, and we understand the defenses involved with such an accusation.

For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.

Possession of Marijuana (THC) with Intent to Distribute

It is a Felony offense in Wisconsin to possess marijuana with the intent to distribute or sell. A charge of selling or intending to sell marijuana is a serious crime which can result in a prison sentence, under Wis. Stat 961.41(1m)(h)1. The level of felony charged depends on the amount of marijuana possessed by the individual.

Sentencing Range: 

200 grams or Less – Class I Felony

  • Max Prison: 3.5 years
  • Max Fine: $10,000

200 grams to 1,000 grams – Class H Felony

  • Max Prison: 6 years
  • Max Fine: $10,000

1,000 grams to 2,500 grams – Class G Felony

  • Max Prison: 10 years
  • Max Fine: $25,000

2,500 grams to 10,000 grams – Class F Felony

  • Max Prison: 12.5 years
  • Max Fine: $25,000

10,000 grams or more – Class E Felony 

  • Max Prison: 15 years
  • Max Fine: $50,000

*The above penalties apply to selling, delivering, distributing, and/or possessing with the intent to distribute marijuana.

Wyosnick Legal, LLC has defended countless clients charged with Possession of Marijuana with Intent to Distribute.

For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.

Possession of Methamphetamine with Intent to Deliver, Distribute, or Manufacture

Unlike simply possessing a drug for personal use, possessing methamphetamine and having the intent to distribute, sell, manufacture or deliver the drug is a felony offense which carries the potential of serious prison terms. Wis. Stat. 961.41(1m)(e).

Sentencing Range: 

3 grams or less – Class F felony

  • Max Prison: 12.5 years
  • Max Fine: $25,000

3 grams to 10 grams – Class E felony

  • Max Prison: 15 years
  • Max Fine: $50,000

10 grams to 50 grams – Class D felony 

  • Max Prison: 25 years
  • Max Fine: $100,000

50 grams or more – Class C felony

  • Max Prison: 40 years
  • Max Fine: $100,000

Wyosnick Legal, LLC has experience representing clients charged with these charges. We understand the possible defenses that you might have to your case.

For a free consultation, please call Wyosnick Legal, LLC at 608-230-2413.

Experienced Law Firm for Possession with Intent to Deliver Drug Charges

When facing criminal accusations associated to the delivery of controlled substances, it’s important to know the facts. If you have been charged with Possession with Intent to Deliver, Distribute and/or Manufacture 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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