Possessing a controlled substance in Madison, Wisconsin, could lead to less drastic penalties than manufacturing or distributing controlled substances. Penalties could reach a $100,000 fine and/or 40 years in prison for manufacturing or distributing drugs and $10,000 or up to 9 months in prison for possession.

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Penalties for possession of a controlled substance in Wisconsin

The punishment for possessing a controlled substance in Wisconsin varies depending on a number of factors including:

• Age
• Type of drug
• Amount of drug in possession
• If they are a repeat offender or have a criminal record
• If they are carrying a firearm
• If they were close to a school, park, or church

If this is your first offense, you will likely be charged with a misdemeanor crime in Wisconsin. Any other offense beyond your first is a felony charge and will come with a longer prison sentence and a higher fine.

Possession of Marijuana (THC)

First Offense

• Misdemeanor
• Maximum 6 months in prison
• And/or a $1,000 fine
• Possible loss of driver’s license

Second and Subsequent Offenses

• Class I Felony
• Maximum 3.5 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Possession of Cocaine, Methamphetamine, or LSD

First Offense

• Misdemeanor
• Maximum 1 year in prison
• And/or a $5,000 fine
• Possible loss of driver’s license

Second and Subsequent Offenses

• Class I Felony
• Maximum 3 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Possession of Heroin, or Any Schedule V drug

First and Subsequent Offenses

• Class I felony
• Maximum 3.5 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Possession of Schedule III and IV drugs:

• Class H felony
• Maximum of 6 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Controlled Substance Drug Possession with Intent to Manufacture, Distribute, or Deliver in Madison

 If you are found with a large amount of drugs, the police will assume that you are planning to sell them on the street, which adds intent to distribute to your list of charges. The penalties for this vary depending on the type of drug, amount in possession, or other circumstances surrounding your arrest. If you completed the sale of the drugs, then your would be charged with delivery of a controlled substance.

The penalties for intent increase depending on the amount of drug in possession. These penalties are imposed regardless of whether this was a first offense or not. Here are just a few of the penalties that come from selling or distributing controlled substances in Wisconsin:

Possession of Marijuana (THC) with Intent:

• 200 grams or less: Class I felony; maximum $10,000 fine and/or 3.5 years’ in prison
• 200-1,000 grams: Class H felony; maximum $10,000 fine and/or 6 years in prison
• 1,000-2500 grams: Class G felony; maximum $25,000 fine and/or 10 years of prison
• 2,500-10,000 grams: Class F felony; maximum $25,000 fine and/or 12 years’ prison
• More than 10,000 grams: Class E felony; maximum $50,000 fine and/or 15 years’ in prison

Possession of Cocaine with Intent:

• 1-5 grams: Class F felony; maximum $25,000 fine and/or a 12.5 years’ in prison
• 5-15 grams: Class E felony; maximum $50,000 fine and/or 15 years’ in prison
• 15-40 grams: Class D felony; maximum $100,000 fine and/or 25 years’ in prison
• 40 grams and above: Class C felony; maximum $100,000 fine and/or 40 years’ in prison

Possession of Heroin or Methamphetamine with Intent:

• 3 grams or less: Class F felony; maximum $25,000 fine and/or 12.5 years’ in prison
• 3-10 grams: Class E felony; maximum $50,000 fine and/or 15 years’ in prison
• 10-50 grams: Class D felony; maximum $100,000 fine and/or 25 years’ in prison
• More than 50 grams: Class C felony; maximum $100,000 fine and/or 40 years in prison

Dane County Drug Possession Lawyer for Controlled Substances 

The penalties for possession of a controlled substance in Sun Prairie, Verona, Mount Horeb, Fitchburg, McFarland, Middleton or surrounding Dane County communities vary depending on the drug type, amount and whether you had intent to distribute. Intent to distribute is based on the amount of drugs or the packaging. These charges could mean jail time and serious fines. 

From marijuana and Adderall to heroin and painkillers like Vicodin, drug possession charges are a serious offense. Using a THC vape pen in Wisconsin may seem harmless until you're caught. If you’re caught driving under the influence of a controlled substance, it's even worse. You need the best drug defense lawyer on your side.

Penalties for cocaine drug possession in Wisconsin include:

• Prison time
• Fines
• Loss of property
• Mandatory drug treatment

Drug possession is a serious crime that can put you behind bars for months or even years. It’s important to hire qualified, competent attorneys who have experience with drug related offenses in Wisconsin.

What is a controlled substance?

Controlled substances are drugs (illegal or otherwise) that the FDA regulates based on how harmful they are, how addictive they are, or whether they have any medicinal value. The Controlled Substances Act (CSA) of 1970 was passed with the purpose of controlling illegal drugs in the United States. Controlled substances are broken up into categories known as “schedules,” and they range from schedule I to V. 

A schedule I substance is one that does not serve any legitimate medicinal value in the United States, such as heroin or LSD. Possession of even the smallest amount of a schedule I drug can mean serious penalties. On the opposite end, a schedule V drug has lower potential for abuse. A good example of these drugs is cough syrup.

Schedule I drugs include; heroin, LSD, marijuana, ecstasy, and more.

Schedule II drugs include; Vicodin, cocaine, methamphetamine, OxyContin, and more.

Schedule III drugs include; Tylenol with codeine, ketamine, anabolic steroids, testosterone, and more.

Schedule IV drugs include; Xanax, Soma, Darvon, Valium, Ambien, Tramadol, and more.

Schedule V drugs include; some cough syrups, Motofen, Lyrica, Parepectolin, and more.

This is just a partial list of the drugs included in each schedule classification. If there is a concern a drug you have in your possession is illegal, please research and find out more or call an attorney familiar with the various drug classifications.

Penalties for possession of a controlled substance in Wisconsin

The punishment for possessing a controlled substance in Wisconsin varies depending on a number of factors including:

• Age
• Type of drug
• Amount of drug in possession
• If they are a repeat offender, or have a criminal record
• If they are carrying a firearm
• If they were close to a school, park, or church

If this is your first offense, you will likely be charged with a misdemeanor crime in Wisconsin. Any other offense beyond your first is a felony charge and will come with a longer prison sentence and a higher fine.

Possession of Marijuana (THC)

First Offense

• Misdemeanor
• Maximum 6 months in prison
• And/or a $1,000 fine
• Possible loss of driver’s license

Second and Subsequent Offenses

• Class I Felony
• Maximum 3.5 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Possession of Cocaine, Methamphetamine, or LSD

First Offense

• Misdemeanor
• Maximum 1 year in prison
• And/or a $5,000 fine
• Possible loss of driver’s license

Second and Subsequent Offenses

• Class I Felony
• Maximum 3 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Possession of Heroin, or Any Schedule V drug:

First and Subsequent Offenses

• Class I felony
• Maximum 3.5 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Possession of Schedule III and IV drugs:

• Class H felony
• Maximum of 6 years in prison
• And/or a $10,000 fine
• Possible loss of driver’s license
• Mandatory Drug Abuse Program (with $5,000 fee)

Controlled Substance Drug Possession with Intent to Manufacture, Distribute, or Deliver in Madison

 If you are found with a large amount of drugs, the police will assume that you are planning to sell them on the street, which adds intent to distribute to your list of charges. The penalties for this vary depending on the type of drug, amount in possession, or other circumstances surrounding your arrest. If you completed the sale of the drugs, then your would be charged with delivery of a controlled substance.

The penalties for possession with intent to deliver in Wisconsin increase depending on the amount of drug in possession. These penalties are imposed regardless of whether this was a first offense or not. Here are just a few of the penalties that come from selling or distributing controlled substances in Wisconsin:

Possession of Marijuana (THC) with Intent:

• 200 grams or less: Class I felony; maximum $10,000 fine and/or 3.5 years’ in prison
• 200-1,000 grams: Class H felony; maximum $10,000 fine and/or 6 years in prison
  
• 1,000-2500 grams: Class G felony; maximum $25,000 fine and/or 10 years of prison
  
• 2,500-10,000 grams: Class F felony; maximum $25,000 fine and/or 12 years’ prison
  
• More than 10,000 grams: Class E felony; maximum $50,000 fine and/or 15 years’ in prison

Possession of Cocaine with Intent:

• 1-5 grams: Class F felony; maximum $25,000 fine and/or a 12.5 years’ in prison
• 5-15 grams: Class E felony; maximum $50,000 fine and/or 15 years’ in prison
  
• 15-40 grams: Class D felony; maximum $100,000 fine and/or 25 years’ in prison
  
• 40 grams and above: Class C felony; maximum $100,000 fine and/or 40 years’ in prison

Possession of Heroin or Methamphetamine with Intent:

• 3 grams or less: Class F felony; maximum $25,000 fine and/or 12.5 years’ in prison
• 3-10 grams: Class E felony; maximum $50,000 fine and/or 15 years’ in prison
• 10-50 grams: Class D felony; maximum $100,000 fine and/or 25 years’ in prison
  
• More than 50 grams: Class C felony; maximum $100,000 fine and/or 40 years in prison

What if the drugs were not mine?

 If the drugs found during a search do not belong to you, it will be difficult to prove your innocence on your own. The first thing you’ll want to do is call Grieve Law so they can begin building a case to clear your name of these drug possession charges. 

Write down as many details about the situation as possible:

• Who do the drugs belong to? Do you know the person?
• How did they get in your car?
• Did you lend your car to anyone recently?
• Do you have a reason to believe anyone may have hidden them in your car?

Any information you can recall before meeting with an attorney is helpful to build a strong defense. The most important thing to remember is not to say anything to the arresting officers that will incriminate you. Remaining silent is your right, use it and protect yourself.

You are only guilty if you are convicted™

Madison Drug Possession Lawyers Are Here to Help You

If you are facing drug possession related charges in Wisconsin, you need the best legal team you can get. In some circumstances, things like lack of evidence, or 4^th Amendment rights are enough to get your charges reduced, or even dropped. Our drug charge attorneys aggressively challenge claims of intent to sell in order to get the charges reduced to possession, or even dropped entirely.