Being arrested for possession of a controlled substance in Wisconsin can be a difficult ordeal for anyone to go through. Wisconsin drug laws are complex––often too complex for the average person to handle on their own.
From drug classifications to confusing penalty applications, getting the assistance of an experienced criminal defense attorney can mean the difference between significant fines and/or jail time and a dismissed case.
If you’ve been arrested for drug possession charges in Wisconsin, contact us today for a free consultation to discuss your charges and find the best possible path forward.
To help you understand the charges against you, I’ve laid out the basics of drug possession laws, penalties and possible defense strategies below.
What is possession of a controlled substance in Wisconsin?
There are three elements to drug possession laws in Wisconsin:
- The defendant was in possession of a substance.
- That substance was illegal.
- The defendant knew or believed the substance was controlled.
What are the penalties of possession of a controlled substance in Wisconsin?
I’ve broken down the penalties by substance, offense and the maximum penalty below:
Marijuana
First offense (misdemeanor): 6 months in jail / $1000 fine
Second offense (felony): 3 ½ years in jail / $10,000 fine
Cocaine
First offense (misdemeanor): 1 year in jail / $5000 fine
Second offense (felony): 3 ½ years in jail / $10,000 fine
Methamphetamine
First offense (misdemeanor): 1 year in jail / $5000 fine
Second offense (felony): 3 ½ years in jail / $10,000 fine
LSD
First offense (misdemeanor): 1 year in jail / $5000 fine
Second offense (felony): 3 ½ years in jail / $10,000 fine
Heroin
First offense (felony): 3 ½ years in jail / $10,000 fine
Note that the penalties listed here are the maximum penalties possible for each substance and offense. Typically, first and second drug offenses carry lighter penalties.
It’s also important to note the other possible effects of a drug possession charge. If you’re found guilty, you’ll subject to a mandatory drivers license suspension or revocation for a minimum of six months and a maximum of five years.
If you’re placed on probation, you may also be subject to random drug testing and referral to an AODA program for treatment.
What about prescription drugs?
Wisconsin law puts strict penalties in place for the unlawful possession of prescription drugs such as Vicodin, Oxycontin, Xanax, Klonopin and more. Because of the complexity of these laws, please contact me to go over the specific details of your case. Click here for my free consultation form.
What about possessing drug paraphernalia in Wisconsin?
Aside from possessing actual substances, simply possessing drug paraphernalia is illegal in Wisconsin.
The maximum penalty for possessing drug paraphernalia in Wisconsin is 30 days in jail as well as a $500 fine. Again, drug charges are best dealt with on a case-by-case basis. Please contact me to discuss your case further.
Possible Wisconsin drug possession defense strategies
There are a number of effective defense strategies to fight drug possession charges. I’ve listed a few below:
- Challenging the search and seizure of the substance.
- Casting doubt on the prosecution’s ability to prove the substance was legally in your possession, that it was in fact a controlled substance, or the fact that you knew it was.
If you’ve facing marijuana possession charges, it may be possible to have the charge reduced to an ordinance violation. Contact us for more information.
If you’ve been arrested for possession of a controlledsubstance, or any other drug charge in Wisconsin, contact The Fitzgerald Law Firm today for a free consultation. Our attorneys will be responsive to your needs, protect your rights throughout the process, and achieve for you the best possible result.
At The Fitzgerald Law Firm your initial consultation is always free and you will always meet directly with one of our attorneys. We understand that appointments during traditional working hours may not be convenient for all, and thus we strive to be available for evening, weekend, and off-site appointments. To schedule your FREE 15-minute attorney consultation, Contact Us now.
