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The Criminal Penalties for Prescription Drug Usage in Wisconsin

February 5, 2025
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Wisconsin law regulates the possession of controlled substances. The law classifies drugs into five schedules based on a drug’s safety/medical uses and potential for abuse or addiction. State law permits healthcare providers to write prescriptions for drugs in Schedules II through V. However, individuals who do not follow the laws and regulations governing prescription drugs may commit various criminal offenses. 

Common Prescription Drug Offenses

In Wisconsin, examples of prescription drug-related criminal offenses include:


  • Possessing prescription drugs without a valid prescription: Under Wisconsin law, a person may not possess a prescription drug unless they obtain it according to a valid prescription written by a licensed practitioner and dispensed by a licensed pharmacy.
  • Possession of prescription drugs with intent to deliver or distribute: Other than licensed healthcare practitioners, people may not possess prescription drugs with the intent to distribute them to others. 
  • Prescription fraud: Examples of activity that may constitute prescription fraud include forging prescriptions on legitimate prescription pads, using another person’s valid prescription to obtain prescription drugs, or making false statements to obtain prescription drugs. 
  • False prescription orders: Practitioners may only write prescriptions if they have established a patient's legitimate medical need for the prescription. 

Criminal Penalties for Prescription Drug Crimes in Wisconsin

Prescription drug offenses in Wisconsin can impose various criminal penalties depending on the nature of the offense and the type and quantity of drugs involved. Penalties may also depend on other aggravating factors, such as committing an offense near a protected location like a school or public park. Criminal sentences for prescription drug convictions may include jail or prison time, probation (as an alternative to incarceration), or fines. Courts may also order convicted defendants to submit to substance abuse treatment if they find that a defendant committed an offense due to an underlying drug addiction. 

Long-Term Consequences of a Drug Conviction

A conviction for a prescription drug offense can have other long-term consequences for defendants. For example, defendants may experience negative employment consequences. An employer may choose to terminate an employee convicted of a prescription drug crime, especially if the employee must serve jail or prison time. Prescription drug convictions can also lead to disciplinary proceedings for defendants with professional licenses, especially for defendants who work in the healthcare industry. 


People with prescription drug convictions may face challenges in obtaining valid prescription drugs in the future, as healthcare providers may worry about the possibility of abuse or criminal activity involving those drugs. 


A conviction will also result in a criminal record that can impose a stigma that follows a convicted individual. Criminal records may appear in background checks, making it challenging for individuals to seek employment, educational, financial, and housing opportunities. 

Contact a Drug Defense Attorney Today

Don’t face your prescription drug charges alone. Instead, get experienced legal guidance and advocacy to protect your reputation, rights, and freedom. Contact Cohen Law Offices today for a confidential consultation with a Wisconsin drug defense attorney to discuss how our firm can help you minimize the consequences of an arrest or conviction on prescription drug charges.

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