Drug possession charges in Wisconsin can range from misdemeanors to serious felonies. Your charges can vary, depending on the substance, the amount, and whether you have prior convictions. Understanding how the state defines and prosecutes possession can give you insight into the charges against you and why it’s important to work with an experienced drug crimes defense attorney.
What Is Drug Possession?
Possession of a controlled substance is illegal—unless it was prescribed to you by a doctor or otherwise authorized by law. “Possession” means more than just having drugs in your pocket. You can face charges if drugs are found in your home, car, or anywhere else you had control over. It doesn’t matter if they weren’t on your person. Generally, prosecutors must prove two things for a conviction:
- You knew the substance was present, and
- You knew it was an illegal drug.
That means if you genuinely had no idea the substance was there, or didn’t know it was an illegal drug, the state may have trouble proving its case.
Penalties for Marijuana Possession
Marijuana has its own set of rules in Wisconsin. Even though many states have legalized cannabis, Wisconsin has not. Possessing marijuana for the first time is a misdemeanor. You could face up to six months in jail and a fine of up to $1,000.
If you’ve been convicted of marijuana possession before, any new possession charge is a Class I felony. That carries a maximum penalty of up to three and a half years in prison and fines up to $10,000.
Wisconsin also criminalizes possession of synthetic cannabinoids. Like natural cannabis, the first offense is a misdemeanor, and repeat offenses can lead to felony charges.
Penalties for Possessing Other Controlled Substances
Wisconsin law classifies controlled substances into schedules, similar to federal law. Schedule I drugs (like heroin, LSD, and MDMA) are considered the most serious, while Schedule V drugs (like certain cough medicines with codeine) are less tightly restricted. Possession penalties depend on the drug:
- Heroin, cocaine, LSD, methamphetamine, and other Schedule I and II narcotics: Possession could be charged as any number of felonies, the lowest being a Class I (for which, if convicted, you could be sentenced to up to three and a half years in prison and a fine of up to $10,000) and the most serious felony designation could lead to decades in prison and tens of thousands in fines.
- Prescription drugs without a valid prescription: This type of possession is usually a misdemeanor for a first offense. However, it can sometimes be a felony, depending on the substance.
- Other controlled substances: Similar to marijuana and prescription drugs, the penalties can vary, but many are misdemeanors for a first offense. The penalty assigned will always be affected by the quantity of the substance when weighed: felonies classifications increase as the reported weight increases.
Wisconsin’s Drug Paraphernalia Laws
You can also face charges for possessing items used to ingest, store, cultivate, or prepare drugs. This includes items like:
- Baggies
- Scales
- Pipes
- Bongs/other smoking device
- Needles
Possession of drug paraphernalia is usually a misdemeanor. If convicted, penalties include up to 30 days in jail and a $500 fine. If the paraphernalia involves methamphetamine, it’s a Class H felony. If a child under 14 was present, it’s a Class G felony.
Defenses to Drug Possession Charges
Not every possession case leads to a conviction. While every case is different, some common defenses to drug possession charges include:
- Unlawful search and seizure: If police searched you or your property without a warrant or probable cause, any evidence found could be suppressed.
- Lack of knowledge: If you didn’t know the drugs were present (or didn’t know what they were), prosecutors may not be able to prove possession.
- Valid prescription: If you have a prescription from a licensed medical provider, you didn’t possess the drugs illegally.
An experienced drug crimes defense attorney can explain your charges and your legal options. Working with a lawyer increases the chances of getting a case dismissal or charge reduction. You may also be eligible for alternative sentencing options that can keep your criminal record clean.
Get Help From a Knowledgeable Criminal Defense Attorney
Waukesha Criminal Defense is here to outline your options for you and build a strong defense. Contact us today to discuss your case.