One important category of criminal law in Wisconsin is drug possession. Wisconsin’s Controlled Substances Act penalizes possession based on the type of drug. For instance, possession of cocaine, a hallucinogenic, or a stimulant like LSD could result in up to $5,000 in fines and up to 1 year in prison for a first offense and increased Class I felony penalties for a subsequent offense.
That's why it's imperative you contact the Milwaukee drug possession lawyer at Bayer Law Offices right away if you are facing such a charge.
What’s the Penalty for Possession of Marijuana in Wisconsin?
Similarly, marijuana is considered a Schedule I hallucinogenic, and possession is punishable by 6 months in jail and up to $1,000 in fines. Possession of any amount for subsequent offenses is a Class I felony punishable by up to 3.5 years in jail and up to $10,000 in fines. The court may also order 100 hours of community service.
Note that additional penalties may be issued for possession within 1,000 feet of a school, youth center, public park, pool, housing project, jail, or drug treatment facility.
Facing Drug Charges in Milwaukee?
If you have been accused of drug possession in Milwaukee, whether for cocaine, LSD, or marijuana, Bayer Law Offices can help. We have been practicing law for over 12 years and can take a look at your case to determine the best course of defense.
Drug possession is a serious crime in Wisconsin, but our Milwaukee law firm will use our professional experience and knowledge of the law to defend your rights in the face of harsh accusations.
What Is the Charge for Possession of Drug Paraphernalia?
In the state of Wisconsin, possession of drug paraphernalia is typically considered a misdemeanor. A drug possession charge is punishable of a fine of $500 and/or 30 days in jail.
What Is Aggravated Possession of Drugs?
While drug possession indicates that drugs were either on or near you, aggravated possession is typically elevated to a felony drug charge when there are certain “aggravating factors” that are involved in the case. This may include past drug convictions, possession with intent to distribute or sell, and the quantity of drugs found, amongst other factors.
What Is Possession with Intent to Distribute?
Intent to distribute typically indicates that an individual had the intention of selling the drugs that they had in their possession. This is based on a number of factors in Wisconsin, including the quantity and value of the substances found and evidence of any drug manufacturing equipment. A charge of possession with intent to distribute can be a felony drug charge depending on the type of substances found.
What Are Schedule 1 Drugs?
Schedule 1 drugs are classified as substances that can be highly addictive and are not necessary for medical purposes. Some common examples of Schedule 1 substances include heroin, LSD, marijuana, and ecstasy.
What Are Schedule 2 Drugs?
While schedule 2 drugs are also identified as addictive, these substances may have the potential for medical usage. Some common examples of Schedule 2 substances include cocaine, oxycodone, methamphetamine, codeine, fentanyl, and morphine.
What Are Schedule 3 Drugs?
Schedule 3 drugs are generally considered to be less addictive and prone to substance abuse than schedule 1 or 2 drugs. They can also be used for medical purposes. Common types of schedule 3 drugs include ketamine, stimulants, and anabolic steroids.
What Is a Schedule 4 Drug?
A schedule 4 drug is considered a substance that has a low risk for misuse or dependence. Common drugs that fall into this category include Xanax, Ativan, Valium, Klonopin, and Ambien.
How to Get Drug Possession Charges Dropped?
When facing a drug possession charge, the best thing to do is acquire an attorney that is knowledgeable in Wisconsin law, who can investigate your case and build your defense.
Some Possible Defense Strategies Could Be:
- That there was a violation of your rights, such as a lack of probable cause for the search
- That the evidence is unable to be located, possibly being lost following an arrest and seizure
- That the substances found didn’t belong to you, sometimes referred to as “lack of evidence of possession”
- That the crime lab confirmed the substances were not narcotics
What Is the Difference between Actual Possession and Constructive Possession?
Actual possession indicates that the controlled substances were physically found on the person, while constructive possession means the drugs were being stored or held with the intent to use or distribute.
Contact Bayer Law Offices at (414) 250-7997 today to schedule a consultation with our drug possession lawyer in Milwaukee, WI.
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