Penalties for illegal possession of prescription amphetamines with intent to distribute depend on the quantity: 3 grams or less is a Class F felony with a maximum fine of $25,000, 12.5 years in prison or both. If there are 50 grams or more, it could be a Class C felony, which carries a fine of up to $100,000, up to 40 years in prison or both.
Penalties & Fines in Wisconsin for Illegally Distributing Prescription Drugs
In Wisconsin, penalties for illegal possession of prescription drugs with intent to distribute vary in accordance of the schedule under which the drug is categorized in the Controlled Substances Act. Penalties also vary based on the amount discovered at the time of the drug offense.
Distribution of some drugs, such as amphetamines, ketamine and Rohypnol, carry greater penalties compared to other drugs within their schedule.
Possession with Intent to Distribute Amphetamines:
- 3 grams or less: Class F felony; max. $25,000 fine and/or 12 years, 6 months in prison
- 3-10 grams: Class E felony; max. $50,000 fine and/or 15 years imprisonment
- 10-50 grams: Class D felony; max. $100,000 fine and/or 25 years of prison
- 50 grams or more: Class C felony; max $100,000 fine and/or 40-year prison sentence
Possession with Intent to Distribute Schedule I or II Narcotics:
- Class E felony; max. $50,000 fine and/or 15 years of prison
Possession with Intent to Distribute Schedule I, II or III Non-Narcotics:
- Class H felony; max. $10,000 fine and/or 6 years in prison
Possession with Intent to Distribute Flunitrazepam (Rohypnol):
- 3 grams or less: Class F felony; max. $25,000 fine and/or 12 years, 6 months of prison
- 3-10 grams: Class E felony; max. $50,000 fine and/or 15 years imprisonment
- 10-50 grams: Class D felony; max. $100,000 fine and/or 25 years in prison
- 50 grams or more: Class C felony; max $100,000 fine and/or 40-year prison sentence
Possession with Intent to Distribute Schedule IV Controlled Substances:
- Class H felony; max. $10,000 fine and/or 6 year prison sentence
Possession with Intent to Distribute Schedule V Controlled Substances:
- Class I felony; max. $10,000 fine and/or 3 years, 6 months in prison
Those convicted of prescription drug offenses will also have their driving privileges suspended for up to 5 years.
Don't trust your life to some general practice lawyer. DUI’s and criminal cases are not something that we do: they are basically everything that we do! Free no obligation consult with our team of award winning former state prosecutors for honest answers is just a call away.
Milwaukee Criminal Defense Attorney Explains Penalties of Intent to Distribute Prescription Drugs in Wisconsin
While certain drugs are legal with a valid prescription, they are still regulated under the Wisconsin Controlled Substances Act. In Wisconsin, penalties for intent to distribute prescription drugs are just as severe as those for so-called “hard” drugs. These prescription drugs are common in many households and are often within reach of minors. The most common prescription pills our Milwaukee criminal defense attorney sees in relation to possession of prescription drugs with intent to distribute include Vicodin, Percocet, Zoloft and Valium.
Our Wisconsin criminal defense law firm in Milwaukee has seen people of all walks of life facing charges of possession of prescription drugs with intent to distribute or sell. Usually, those facing these types of drug charges are of the middle class and are not the stereotypical “drug dealer”.
An act as simple as sharing a prescription painkiller with someone could be considered “drug trafficking” under the letter of the law.
The most common prescription drugs being unlawfully distributed or sold include:
Painkillers
- Vicodin and Zohydro (hydrocodone)
- OxyContin and Percocet (oxycodone)
- Opana (oxymorphone)
- Fentora (fentanyl)
Anti-Anxiety Medication
- Zoloft (sertraline)
- Xanax (alprazolam)
- Valium (diazepam)
- Ativan (lorazepam)
ADHD Medication
- Ritalin (methylphenidate)
- Adderall (amphetamine)
- Concerta (methylphenidate)
Sleep Aids
- Ambien (zolpidem tartrate)
- Lunesta (eszopiclone)
Prescription amphetamines like Adderall are Schedule I Controlled Substances under the law, carrying the strictest consequences for conviction.Other commonly-abused prescription drugs include appetite suppressants and several different types of steroids. Different prescription drugs fall under different drug schedules, as defined by the Wisconsin Controlled Substances Act.
Prescription opiates and opioids, including codeine, morphine and their derivatives, fall under the umbrella of Schedule II Controlled Substances.
The so-called “date-rape drugs” ketamine and Rohypnol are classified as Schedule III and Schedule IV Controlled Substances, respectively. Ketamine is typically used as an anesthetic in human medicine and veterinary medicine. Flunitrazepam, the drug in Rohypnol, is used as a short-term insomnia treatment in humans.
Illegal distribution of ketamine and Rohypnol may lead to further charges as an accessory to a felony if the drugs are used to commit crimes against another person, including but not limited to sexual assault.
The entire list of drugs regulated by the Controlled Substances Act is outlined by schedule in Chapter 961 of the Wisconsin State Statutes.
Award-Winning Milwaukee Criminal Defense Attorney Gets Prescription Drug Charges Dropped or Reduced
As a former state criminal prosecutor, no one knows the prosecution’s game plan better than award-winning Milwaukee criminal defense attorney Tom Grieve. Many Wisconsin drug possession charges are hinged on illegal search-and-seizures by law enforcement, false probable cause, and other violations of the Fourth Amendment.
If you’re being charged with prescription drug possession with intent to deliver, contact the Milwaukee criminal defense law firm with a track record for success. Whether it’s your first drug offense or if you’ve been through this process before, Grieve Law gives you the best chance for reductions of drug charges, favorable sentencing, even getting the drug charges dropped entirely! From drunk driving charges to firearm possession, Grieve Law is the representation you need.
When other lawyers treat you like just another case, come to the Milwaukee criminal defense law firm that respects the fact you’re putting your entire life in our hands.
Contact our Milwaukee criminal defense law firm now to set up your FREE legal consultation.
Could You be Facing a FELONY Prescription Drug Charge in Wisconsin?
Depending on the severity of your prescription drug charge, you could be facing up to 40 years in state prison and fines up to $100,000. The best way to get your charges reduced below the maximum penalty is by hiring a knowledgeable criminal defense attorney.
Take a look at the different felony charges that we can help with:
- Possession of 50 grams or more of amphetamines or flunitrazepam with intent to sell - Possessing 50 grams or more of amphetamines or flunitrazepam with the intent to sell will result in Class C felony charges. Punishments for these types of charges include up to 40 years of prison time and $100,000 in fines
- Possession of 10-50 grams of Amphetamines or Flunitrazepam with intent to sell it - A Class D felony charge for possessing 10-50 grams of Amphetamines or Flunitrazepam (with intent to sell) can result in up to 25 years of jail time and $100,000 in fines.
- Possession of Schedule I or II narcotics with intent to sell - If you're caught trying to sell schedule I or II narcotics, you'll be facing a class E felony charge that results in $50,000 in fines and at least 15 years in prison.
- Possession of 3 grams or less of amphetamines or flunitrazepam with the intent to sell it - If you're caught possessing 3 grams or less of amphetamines or flunitrazepam with the intent to sell, you could be facing $25,000 in fines and 12 yers of time in state prison. This type of crime is categorized as a Class F Felony in Wisconsin.
- Possession of Schedule V drugs with the intent to sell them - Possession of schedule V drugs with the intent to sell is a crime in Wisconsin that gets classified as a Class I felony. A class I felony in Wisconsin is punishable for up to 3.5 years in prison and up to $10,000 in fines.
In Wisconsin, how long does an Intent to Distribute Prescription Drugs charge stay on your record?
A Wisconsin criminal charge that involves possession with an intent to distribute prescription drugs could lead to a $100,000 fine if convicted, but the charges alone could remain on your record for life.
How to Beat Intent to Distribute Prescription Drugs Charges
With intent to distribute prescription drugs charges, it is crucial to find a knowledgeable criminal defense lawyer who has experience with fighting this type of charge.
Tom Grieve is well-respected in courtrooms throughout Wisconsin. He has been named a Top Criminal Defense Attorney in the Country by Newsweek and a Top Attorney in Wisconsin by both Milwaukee Magazine and Madison Magazine. Tom’s awards and honors come from years of success reducing and dropping penalties for clients facing charges similar to yours.
When facing intent to distribute prescription drugs charges, you can trust our Milwaukee drug defense attorney, Tom Grieve.