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Penalties for possession or manufacturing of a controlled substance in Brookfield, Wisconsin, can carry a penalty ranging from $10,000 in fines and 3.5 years in prison and $100,000 in fines and 40 years in prison. Misdemeanor possessions charges could reach $10,000 and/or 9 months in jail.
Penalties for illegally possessing a controlled substance vary depending on the type of drug, the amount of the drug, and whether the person charged had the intent to distribute or deliver those drugs. Penalties can include jail or prison time, fines, probation, and other penalties.
A first offense possession of THC is a misdemeanor that carries a maximum of 6 months in jail, up to a $1,000 fine, and a potential loss of your driver's license between 6 months and 5 years. Second or subsequent possession of THC is a Class I felony that carries up to three and a half years in prison, a $10,000 fine or both.
Possession of cocaine, methamphetamines, or LSD as a first offense is a misdemeanor that carries a maximum of one year in jail and up to a $5,000 fine. Second or subsequent possession of those substances is a Class I felony with a maximum of three and a half years in prison and up to a $10,000 fine.
Possession of a Schedule I or II narcotic drug is a Class I felony that carries a potential maximum of three and a half years in prison, up to a $10,000 fine, or both.
Penalties for possession of any drug increase significantly if you are charged with possession with intent to deliver, distribute, or manufacture those drugs. Possession with Intent to Deliver is often charged where a person has a large quantity of drugs, drug paraphernalia often used in the sale of drugs such as a scale or plastic bags, and large amounts of money. Possession with intent to deliver can also be charged based on how the drugs themselves are packaged. Drugs that are individually packaged in small quantities are more likely to be charged as possession with intent to deliver.
Possession with intent to deliver any drug is at least a Class I felony and can be as high as a class C felony depending on the type of drug and the quantity. For example, possession with intent to distribute 200 grams or less of marijuana is a Class I felony which carries a maximum sentence of three and half years in prison and up to a $10,000 fine or both. However, possession with intent to deliver 40 grams or more of cocaine is a Class C felony carrying up to 40 years in prison and a $100,000 fine. Other drugs in other quantities carry penalties in between those ranges.
Controlled Substance Charges in Waukesha & Brookfield
The Uniform Controlled Substances Act was created to control illegal drugs in the United States. Under that act, controlled substances are split up into schedules.
- Schedule I drugs are considered highly addictive, have a high risk of abuse, and have no legitimate medical purpose. Schedule I drugs include heroin, LSD, marijuana, and ecstasy among others.
- Schedule II drugs have a likelihood of abuse but may have a medicinal purpose. Cocaine, methamphetamines, Adderall, Oxycontin, and other drugs are Schedule II drugs.
- Schedule III controlled substances include ketamine, anabolic steroids, testosterone, and Tylenol with codeine are schedule 3 Controlled Substances.
- Schedule IV Controlled Substances include Xanax, Ambien, and Valium.
- Schedule V Controlled Substances include Lyrica, and some cough syrups... oh, and more.
The Uniform Controlled Substances Act can be found in chapter 961 of the Wisconsin statutes and contains a complete list of all scheduled drugs in Wisconsin.
Penalties for illegally possessing a controlled substance will vary greatly depending on the type of substance, the amount of drug found, prior record of the defendant, and location of the possession of the drug. Possession of many controlled substances is a misdemeanor if it is your first offense. However, if it is your second or subsequent offense, penalties can increase and the charge can become a felony.
How long will a possession of a controlled substance charge stay on my record?
Most convictions for possession of a controlled substance will remain on your record for the rest of your life. There are some circumstances where a court may allow your conviction to be expunged. However, expunging a conviction does not remove it from your record. Rather, it removes the conviction from public view. You may still be required to report the conviction on school applications, employment applications, and other professional license applications. You will likely also have difficulty obtaining financial aid for school if you have a conviction for possession of a controlled substance on your record.
How to beat a possession of a controlled substance charge
Most common defenses to possession of a controlled substance challenge either the possession aspect of the case or how the police obtained the substance in the first place. If the drugs were found in your car, in your house, or in a bag near you, there can be a question as to whether you actually possessed the substance. The law does not require that the drug be found on your person, however, it does require that you know the substance is there.
Another common defense to possession of a controlled substance challenges the actions of the police in obtaining the substance. Often, you will be charged with possession of a controlled substance following a traffic stop by the police. Our knowledgeable Waukesha attorneys will review the evidence in your case and determine whether the police legally stopped your vehicle, seized your person, and searched you or your vehicle to find the substance. If the police did not legally do so, the drugs found may be ruled inadmissible against you.
Our team of award-winning Waukesha attorneys will evaluate your case and look for all possible defenses to your possession of a controlled substance charge. Working with a team of experienced attorneys grants you the best chance of getting your charges reduced or dropped. Grieve Law has helped drop and reduce the penalties of numerous drug and alcohol related cases including possession, intent to distribute and 1st offense drunk driving charges. Don't wait. Call the experts at Grieve Law today.
