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Controlled substances in Wisconsin fall into 5 schedules with Schedule I penalties being the most severe, Schedule V the least. Possession or manufacturing of a controlled substance carries penalties from $10,000 in fines and 3.5 years in prison to $100,000 in fines and 40 years in prison.
Controlled substance is another name for drugs, which are separated into different categories based on how they affect a person and what their purpose is. In the United States, there are 5 different drug categories, which, for criminal charges, are known as schedules.
Wisconsin has adopted the Uniform Controlled Substances Act which was designed to control the use purpose and legality of different drugs. The Uniform Controlled Substances Act identifies which schedule each drug or drug type falls into.
- Schedule I drugs are deemed to be very addictive with a high risk of abuse and no legitimate medical purpose. Examples of drugs that fall into this category include marijuana, LSD, heroin and ecstasy.
- Schedule II drugs still are thought to have a substantial risk of abuse but can also have a legitimate medical purpose. Drugs in this category include methamphetamines, Adderall, cocaine and oxycontin.
- Schedule III drugs include things like ketamine, anabolic steroids, testosterone and Tylenol with codeine
- Schedule IV drug examples include Xanax, Ambien and Valium
- Schedule V drugs are things like cough syrup and drugs similar to Lyrica
The drugs listed above do not cover all controlled substances.
Penalties for Controlled Substance Possession in Ozaukee & Washington
The penalties you face for possessing controlled substances are dependent on your criminal history, the quantity, where it was located and the type of drug that it was. You can be charged with either possessing illegal drugs or possessing drugs illegally. In the first scenario, the drug itself is illegal and in the second scenario the drugs are not illegal but your possession is. If you have no prior drug convictions, you may be charged with a misdemeanor. However, a prior drug conviction can turn a misdemeanor offense into a felony automatically.
Possession of THC, Cocaine, LSD & Methamphetamine
A first offense possession of THC is classified as a misdemeanor for which you can be sentenced up to 6 months in jail along with a maximum fine of $1,000. Additionally, a judge can suspend your driver’s license. If your driver's license is suspended it must be for at least 6 months but not more than 5 years. With a prior drug conviction, a second and subsequent charge modifier can be included making a possession of THC a class I felony with a maximum prison sentence of 3.5 years and a fine up to $10,000.
Possession of methamphetamine, cocaine or LSD without a prior drug conviction is also a misdemeanor. However, there is a longer maximum sentence of 12 months in jail and a larger fine of up to $5,000. Again, a second and subsequent charge modifier can be included with a prior drug conviction enhancing the charge to a class I felony with a maximum prison sentence of 3.5 years and a fine up to $10,000.
Possession With Intent to Distribute
Being charged with possession with intent to distribute, manufacture or deliver drugs will also significantly increase your penalties. Charges for possession with intent to distribute are often based simply on the quantity of the drugs found, the paraphernalia present (multiple baggies, a grinder, or a scale) and how the drugs are packaged (divided into multiple containers with the same or escalating amounts).
Facing charges for possession with intent to deliver is at least a class I felony, with a three and a half year maximum prison sentence and a $10,000 fine, or as severe as a Class C felony, with prison exposure of up to 40 years and a possible $100,000 fine. The determination of where your charge will fall between class I and class C felonies is dependent on both the drug and the quantity. The higher the quantity the higher the maximum prison sentence.
Grieve Law LLC provides free case consultations for Ozaukee and Washington counties. Contact our team of award-winning drug defense attorneys to learn how we can get your charges reduced or dismissed entirely.
How long will possession of a controlled substance stay on my record?
A conviction for possession of a controlled substance will remain on your record permanently. Your conviction may be eligible for expunction, however, that is dependent on your specific charge. Not all controlled substance convictions are eligible to be expunged. Having your conviction expunged does not remove it from your record, it merely seals the record from public view. You may still be required to disclose your conviction even if an expunction is granted on school applications, to employers and when applying for or renewing professional licenses. Additionally, a conviction for possession of a controlled substance may make you ineligible for financial aid.
How to beat a case involving controlled substances
Beating a possession of a controlled substance charge can be done by successfully challenging an element of the offense. To be convicted of possession of a controlled substance, the state must prove both that the substance was in your possession and that it was a controlled substance. Proving possession does not require that the drug was found on you, simply being found in an area that you control, like a center console, can be enough to demonstrate possession. However, if the substance was not found physically on you proving possession becomes more difficult for the state.
If you are unable to debate either what the substance was or that you were in possession of it, you can still successfully defend against your case by challenging how the evidence was obtained. An officer is required to meet a legal standards to search a person or a vehicle, if the information the officer has does not rise to the necessary level to meet their burden the evidence can be deemed inadmissible. Our award-winning Ozaukee in Washington County attorneys are experienced in challenging all aspects of a controlled substance case, reach out to us today so that we can work toward achieving the best possible outcome.
