What to Know About Drug Charges in Wisconsin

Drug Charges in Wisconsin

There’s a lot to know about drug charges in Wisconsin. Wisconsin law prohibits the manufacture, distribution, or delivery of a controlled substance, as well as possession of a controlled substance generally. Understanding drug charges in Wisconsin is important because the crime charged varies depending on the schedule of the substance, which is determined by a drug’s risk of abuse.

Drug offenses in Wisconsin are regulated under its own Uniform Controlled Substances Act, which the State adopted from the federal Uniform Controlled Substances Act almost in its entirety, including the schedule tests that are used to determine which of the five schedules a substance falls under. Wisconsin uses a five schedule system, though a number of substances are scheduled differently than they are under federal law.

A substance is classified as schedule I drug under Wisconsin law if it has high potential for abuse, has no currently accepted medical use in treatment in the United States, and lacks safety for use in treatment under medical supervision. Schedule I contains both narcotic and nonnarcotic drugs, certain synthetic opiates and opiates, certain stimulants and depressants, and certain hallucinogenic substances, such as THC in any form, including THC contained in marijuana.

A substance is classified as schedule II drug under Wisconsin law if it has a high potential for abuse, has currently accepted medical use in treatment in the United States or has currently accepted medical use with severe restrictions, and the abuse of the substance may lead to severe psychological or physical dependence. Schedule II substances include certain opiates, synthetic opiates, immediate precursors to amphetamine or methamphetamine, and certain stimulants and depressants.

A substance will be added to schedule III drug under Wisconsin law if it has a potential for abuse less than the substances included in schedules I and II, it has currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Schedule III substances include anabolic steroids, certain narcotic drugs limited by quantity, certain stimulants and depressants, and a hallucinogenic substance called Dronabinol.

Schedule IV substances under Wisconsin law include those that have a low potential for abuse relative to substances included in schedule III, the substance has currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in schedule III.  Schedule IV substances include narcotic drugs containing nonnarcotic active medicinal ingredients, certain stimulants, and certain depressants.

Penalties for Drug Charges in Wisconsin

The penalties for drug charges in Wisconsin range from misdemeanors to felonies depending on the schedule of the substance, the amount of the substance, and your prior criminal record. Marijuana possession is one common example. A first offense for possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment up to 6 months. But if you have any prior drug-related offenses (marijuana or otherwise), a marijuana possession charge can become a felony, and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years. By contrast, a charge for possession of heroin is always a felony regardless of the amount or your prior criminal record, and carries a maximum penalty of 3 and a half years in prison and a $10,000 fine. 

Aside from possessing drugs, simply possessing drug paraphernalia alone is also illegal in Wisconsin. Wisconsin law defines paraphernalia as any item intended to: “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.” The maximum penalty for possessing drug paraphernalia in Wisconsin is 30 days in jail as well as a $500 fine.

A drug-related conviction can follow you for the rest of your life. If you have been charged with a drug offense in Wisconsin, contact a skilled criminal defense attorney to discuss your case. Wyosnick Legal is experienced and able to advise on a variety of drug charges, from misdemeanor to felony.

Disclaimer: above descriptions of the law is in no way legal advice from Wyosnick Legal, LLC, nor should be considered as forming an attorney-client relationship.