The Different Schedule Classification of Drugs and Their Penalties Explained

Federal and Wisconsin state laws categorize controlled substances into various schedules based on a drug’s safe or medically accepted uses and potential for abuse or addiction. Drug crimes also impose penalties based on a drug’s schedule classification to impose harsher punishments on defendants who possess, traffic, or manufacture more dangerous drugs. By understanding drug schedules, a defendant can better evaluate their charges when facing prosecution for possession, distribution, or illegal manufacturing of controlled substances. 

Understanding Drug Schedules

Wisconsin’s Uniform Controlled Substances Act classifies drugs into five schedules. The drug schedules reflect the dangerousness of a specific controlled substance. Schedule I drugs include controlled substances that have no accepted medical uses, no safe use for treatment under medical supervision, and the highest risk of addiction or abuse. Schedule II drugs also have a high potential for addiction or abuse but also have currently accepted medical uses (including with severe restrictions). Schedules III through V have increasingly accepted and safe medical uses and decreasing risks of abuse or addiction. 

Examples of drugs in each schedule include:

• Schedule I: Fentanyl analogs, heroin, MDMA/ecstasy, LSD, mescaline, psilocybin, THC, and synthetic cannabinoids

• Schedule II: Opium, codeine, oxycodone, morphine, cocaine, fentanyl, methadone, amphetamine, methamphetamine, and PCP

• Schedule III: Ketamine, anabolic steroids, and buprenorphine

• Schedule IV: Barbital, clonazepam, diazepam, and tramadol

• Schedule V: Pseudoephedrine and pregabalin

Penalties for Drug Distribution/Possession by Schedule

Penalties for drug possession or distribution under Wisconsin law will depend on the charged offense and the drugs involved in the crime, with harsher penalties for offenses involving Schedule I and II drugs compared to Schedule III through V. Examples of penalties for simple possession can include:

• Schedule I and II narcotic drugs: Class I felony, which imposes a fine of up to $10,000, up to 42 months in prison, or both imprisonment and fines

• Cocaine: A fine of up to $5,000, up to one year in jail, or both a fine and jail time for a first offense, or a Class I felony for a second or subsequent offense

• LSD, amphetamine, or other certain hallucinogenic or stimulant drugs: A fine of up to $5,000, up to one year in jail, or both a fine and jail time for a first offense, or a Class I felony for a second or subsequent offense

• THC: A fine of up to $1,000, up to six months in jail, or both a fine and jail time for a first offense, or a Class I felony for a second or subsequent offense

Penalties for possession with intent to distribute or manufacturing of drugs will depend on whether the offense involves Schedule I/II narcotic drugs, Schedule I/II non-narcotic drugs, cocaine, heroin, fentanyl, amphetamine/methamphetamine, LSD, psilocybin, or THC, and the quantity of drugs involved. 

Contact a Drug Crime Defense Attorney Today

Have you been arrested on drug charges in Wisconsin? If so, a knowledgeable drug defense lawyer can help you protect your rights, reputation, and interests. Contact Cohen Law Offices today for a confidential consultation with an experienced attorney to discuss your legal options for pursuing a favorable resolution to your case.