Illegal Possession of Prescription Drugs is a Serious Matter

In the State of Wisconsin, possessing prescription drugs without a prescription amounts to the same offense as possessing what is known as a controlled substance, such as cocaine, marijuana, and other street drugs. Further, the associated penalties for the illegal possession of prescription drugs can be as harsh as those for narcotics purchased on the street. If you’re facing an illegal possession of prescription drugs charge, don’t delay consulting with an experienced criminal defense attorney.

Prescription Drug Schedules

The State of Wisconsin – much like the federal government – classifies drugs into five distinct schedules, which are based upon their potential for abuse and on their proven medical benefits. Schedule I drugs refer to those highly addictive drugs but that have no legitimate medical use on the books, including heroin, marijuana, PCP, and others. Prescription drugs have a verifiable medical use, so they aren’t typically classified as Schedule I drugs. Schedule II drugs are those with considerable potential for abuse and value as prescription medications, including opium, morphine, and amphetamines like Adderall. Drugs from schedules III, IV, and V have considerably less potential for abuse or dependence and have widely accepted medical applications. 

Possession and Penalties

Penalties for the illegal possession of prescription medications can be quite harsh. Consider the following:

• Possession of a prescription amphetamine, such as Adderall, carries a fine of up to $5,000 and jail time of up to one year for a first offense. A subsequent offense is a Class I felony, which can carry up to 3.5 years behind bars and up to $10,000 in fines. 
• All prescription narcotics in both schedules I & II are subject to the same fines and sentences as above.
• Marijuana (a prescription medication in some states but is not in Wisconsin) is the only exception. A charge involving marijuana can lead to fines of up to $1,000 and jail time of up to 6 months for a first offense.

It’s important to note that all Wisconsin drug convictions can lead to a license suspension of six months to five years.

Actual vs. Constructive Possession

You can be charged with actual possession in Wisconsin if you are found carrying the illegal prescription on you – whether in your bag, backpack, pocket, or anywhere else on your person. However, you can also be charged with constructive possession, which means that you had the illegal prescription in your vehicle or home and planned to either use it yourself or distribute it.

Call Us Today to Speak with an Attorney

The consequences of an illegal drug conviction are too severe not to contact us online or call Cohen Law Offices at (715) 514-5051 today. If you’re facing charges related to the illegal possession of prescription drugs, the dedicated criminal defense lawyers at Cohen Law Offices have the experience, resources, and legal acumen you are looking for.