Drug Charges in Wisconsin & Illinois
There are various types of drug charges you can be cited for.
Facts About Drug Charges in Wisconsin & Illinois
There are three main categories of drug charges you can be cited for in the state of Wisconsin or Illinois. These include possession of an illegal substance, delivery of an illegal substance and possession with intent to distribute or manufacture an illegal substance. 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. In addition, Wisconsin makes it illegal to possess a controlled substance and have the intent to deliver the substance, per Wis. Stat. 961.41(1m). Learn more about these different categories of drug charges to best understand how you should approach your case.
Categories of Drug Charges
Types of Controlled Substances
Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into four main schedules. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) §§ 1308.11 through 1308.15. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. Some examples of the drugs in each schedule are listed below.
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
Treatment Options for Drug Offenders in Wisconsin
The Wisconsin justice system deploys a number of different approaches to addressing offenders charged with drug possession and other categories of drug charges. While significant jail and/or prison sentences are not uncommon, most Wisconsin courthouses look to treat drug offenders, rather than punish them by offering jail diversion programs like Drug Court or first-offender programs. These programs aim to rehabilitate offenders through addressing substance abuse and addiction needs, as well as assisting offenders in combatting personal issues and/or mental health needs that might feed addiction.
While protecting our client’s Constitutional rights and their liberty is absolutely paramount to our representation, our law firm has the ability to protect our client’s rights while simultaneously helping them gain entrance into drug court treatment programs or deferred prosecution programs to ensure the well-being of their physical and mental health needs.
If you or a loved one is in need of help with substance abuse, please call the Wisconsin Addiction Recovery Helpline at 833-944-4673.
If you or a loved one is charged with a drug offense, please feel free to call Wyosnick Legal, LLC for a free consultation 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!