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WHAT QUALIFIES AS DRUG POSSESSION IN WISCONSIN?

Admin • August 31, 2017
Attorneys Having Meeting — Eau Claire, WI — Cohen Law Offices
If you have been caught or are accused of being caught with drugs or drug paraphernalia, you may be charged with drug possession in Wisconsin. Drug possession is a serious offense and can be difficult to fight in court. This is especially the case if possession violates state and federal laws.

When you are charged with drug possession, the officers are considering several factors. These include the type of substance found, the amount of substance found and your prior history with drug charges.

WHAT ARE CONSIDERED DRUGS?

You can be charged with drug possession if law enforcement has determined you have been in charge of controlled substances. These substances include drugs like cocaine, methamphetamine, marijuana, LSD, heroin and prescription medications that are not prescribed to the individual carrying them.

It is important to remember that there are different schedules of drugs. This makes a difference in sentencing and whether the crime is considered a felony or a misdemeanor.

WHAT ARE SCHEDULE I DRUGS?

Schedule I drugs are those considered the most dangerous drugs. They tend to have a high potential for abuse and may lead to physical or psychological dependence.

Specifically, these drugs include heroin, LSD, marijuana, ecstasy and peyote.

WHAT ARE SCHEDULE II DRUGS?

Schedule II drugs have high potential for abuse and dependence but have less potential than Schedule I drugs.

Schedule II drugs include meth, cocaine, oxycodone, fentanyl, Adderall and Ritalin.

WHAT ARE SCHEDULE III DRUGS?

Schedule III drugs include moderate to low potential for abuse. These types of drugs are considered less dangerous than drugs part of Schedule I and Schedule II.

These drugs include small amounts of hydrocodone, small amounts of codeine, ketamine and testosterone.

WHAT ARE SCHEDULE IV DRUGS?

Schedule IV drugs are those that have very low potential for abuse. There is low risk of dependence for these types of drugs, and they are not considered very dangerous in the eyes of the law.

Schedule IV drugs include xanax, soma, atavan and ambien. These are prescription medications that many people have prescriptions for.

WHAT ARE SCHEDULE V DRUGS?

Schedule V drugs have very low potential for abuse and are considered less dangerous than Schedule IV drugs. They might include antidiarrheal and antitussive medications like cough medicines.

WHAT IS DRUG PARAPHERNALIA?

Drug paraphernalia includes items used to use or ingest drugs. These include pipes, syringes, bongs and other devices used for smoking or injecting.

Typically, possession of drug paraphernalia is considered a misdemeanor. It is punishable with up to nine months in jail and up to $10,000 in fines.

IS DRUG POSSESSION A FELONY IN WISCONSIN?

The class of the charge depends on the type of drug or paraphernalia found on the person in question.

For example, cocaine is considered a felony in Wisconsin and in many other states. Any amount of cocaine could lead to fines of up to $5,000 and one year in prison. This penalty increases depending on prior offenses and the amount of the substance that was found.

Wisconsin allows for medicinal use of marijuana, but it is still illegal for recreational use and under tight scrutiny. Possession of marijuana is considered a misdemeanor and punishable with up to six months and a potential fine up to $1,000. Subsequent offenses may be considered a felony.

IS DRUG POSSESSION A FELONY IN WISCONSIN?

The sale or delivery of drugs like marijuana in Wisconsin is considered a felony. The sentence for this crime could range from 3.5 to 15 years depending on how much of the substance was sold or delivered. Fines can also increase up to $50,000 based on the same criteria.

Cultivation of drugs like marijuana have similar sentencing, and Wisconsin takes these charges seriously.

Have you found yourself battling drug possession charges? Cohen Law Offices, LLC may be able to help you.
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