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Possessing a hazardous substance with intention to abuse it is a Class A misdemeanor in Wisconsin (up to a $10,000 fine, jail time of up to 9 months or both), but it could escalate to a Class I felony (up to a 3.5 year prison term and/or up to $10,000 in fines) if it is distributed knowing that it will be abused.
Criminal Defense Attorney for 941.316 Abuse Of Hazardous Substance
Grieve Law is not a general practitioner law firm. Criminal defense cases including drunk driving charges and possession charges are primarily what the firm takes. Staffed by criminal defense attorneys who are former prosecutors, our firm understands the letter of the law and how things tend to play out in practice.
If you have been charged with a felony or misdemeanor in greater Milwaukee, please contact us today.
Overview of Wisconsin Statute 941.316: Abuse Of Hazardous Substance - The following legal summary may be outdated due to changes in the law. Grieve Law makes no claims regarding the accuracy of the summary below. If you are facing criminal charges, you should consult an experienced criminal defense lawyer immediately.
Under Wisconsin Statute 941.316, a “hazardous substance” is broadly defined as any substance with the capacity to cause injury or illness if abused, and it includes any household product or mixture of household products. “Abuse” is defined as introducing a hazardous substance into the body “in a manner intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.”
In Wisconsin, it is a Class A misdemeanor to possess a hazard substance with the intent to abuse it and to intentionally abuse a hazardous substance. It is a Class I felony to distribute or possess with intent to distribute a hazardous substance if you know or have reason to know it will be abused. If charges brought against you don't seem to fit into any common felony or misdemeanor class, look into Class U misdemeanors in Wisconsin, or call us today to learn more.
The penalties outlined in the statute do not apply for possession or use of a hazardous substance if it was obtained by a valid prescription from an authorized medical or healthcare practitioner. The statute also clarifies that criminal charges do not apply to those who distribute hazardous substances in their ordinary (legal) course of business.
In Wisconsin, how long does an Abuse Of Hazardous Material charge stay on your record?
Abusing a hazardous substance in Wisconsin could lead to a $10,000 fine, but even charges alone could remain on a resident's record for life.
