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Wisconsin drug laws state that first-offense unlawful possession of Ritalin could result in a penalty of up to $5,000 and/or a year in jail. Second and subsequent offenses could result in felony-level charges and penalties if convicted.
Consequences of Schedule II Drug Charges in Milwaukee
Ritalin (methylphenidate) is also known by its street names Kiddie Coke (or Kiddie Cocaine), R-ball, Speed, Uppers, Vitamin R, and Rids. If you were caught being in possession of Ritalin without a prescription, you may be looking for the next step to take to avoid a drug possession conviction. Although Wisconsin drug laws vary throughout the counties, the DEA classifies Ritalin as a Schedule II non-narcotic, stimulant, which is the same classification for amphetamines, like Adderall.
Statutes and penalties for drug charges are always changing. Grieve Law attorneys are experienced in Wisconsin drug laws 2019, 2020, and all new changes. We'll find the best defense for your case that will reduce or drop your charges and penalties all together.
Possession of Ritalin Penalties
Those found to be in possession of Ritalin without a prescription can be charged with possession of a Schedule II stimulant. Penalties for this charge are as follows:
- First offense: max. $5000 fine and/or 1 year in county jail
- Subsequent offenses: Class I felony; max. $10,000 fine and/or 3 years, 6 months in prison
There may be additional penalties depending on the circumstances of your case.
Ritalin Possession with Intent to Distribute Penalties
Depending on the circumstances and weight of the controlled substance, you could be considered as having the intent to deliver or distribute Schedule II stimulants, which would turn your case into a Class F, E, D, or C felony. If you were charged with intent to deliver or distribute Ritalin (methylphenidate), the penalties are as follows:
- 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
There may be additional complications if the person you were intending to deliver to was under the age of 18. An imprisonment sentence may be increased up to 5 years.
Defenses for Ritalin (Methylphenidate) Possession
Ritalin is a commonly prescribed for treating attention deficit hyperactivity disorder (ADHD). In this case, the drug is perfectly legal for the prescription holder. As a controlled substance, no one else should have access to the Ritalin. When does having Ritalin cross into illegal drug possession in Wisconsin? Learn more about how the law discerns what is and what isn’t considered legal possession.
Experienced Drug Defense Attorneys, Offices throughout Wisconsin
Every drug possession charge is different, which is why Wisconsin drug possession penalties are different for every drug. An experienced criminal defense attorney can advise you or your child on your best defenses to get the charges and penalties reduced or dropped completely. Grieve Law has offices in Milwaukee, Madison & the Fox Valley.
Wisconsin’s Ritalin (Methylphenidate) Laws & Statutes
In regards to the lawful possession of schedule II stimulants, Wisconsin State Statute 961.38 says that a controlled substance included in schedule II narcotics or stimulants shall not be distributed or possessed without a written, oral or electronic prescription from a medical doctor. In regards to a charge of intent to deliver a Schedule II non-narcotic drug such as Ritalin, Wisconsin State Statute 961.41(e) says that if someone intends to deliver a Schedule II non-narcotic controlled substance, they may be guilty of a Class F, E, D, or C felony based on the weight of the substance in possession.
Don’t settle for a fee and plea attorney. The Grieve Law attorneys are well versed in Wisconsin criminal law and will determine your optimal defenses. Grieve Law attorneys will be forward with you. With their experience, they can determine what your best plan of action should be for taking your case to court. Grieve Law can help you get your charges and penalties reduced or dropped completely.
