Wisconsin takes drug possession seriously, and the consequences depend heavily on the substance involved and the quantity. Understanding the classification of your charge is the first step toward understanding your options.
Marijuana Possession
Wisconsin has not legalized marijuana. Possession of any amount is a misdemeanor for a first offense — up to 6 months in jail and a $1,000 fine. A second or subsequent offense is a felony. Possession with intent to distribute carries much heavier penalties regardless of prior record.
Controlled Substance Schedules
Wisconsin classifies controlled substances in schedules I through V. Schedule I and II substances (heroin, cocaine, methamphetamine, fentanyl) carry the most serious penalties. Possession of a Schedule I or II narcotic is a Class I felony for a first offense — up to 3.5 years in prison.
Drug Court and Diversion
Wisconsin has drug court programs in several counties, including Waukesha and Milwaukee. Drug court offers an alternative to traditional prosecution — participants complete a treatment and supervision program in exchange for reduced charges or dismissal. Eligibility depends on the charge, the defendant’s history, and the county. Not everyone qualifies, but for those who do, it can be a path to avoiding a felony record.
Search and Seizure Issues
Many drug cases depend on how the evidence was obtained. Unlawful searches — of vehicles, homes, or persons — can result in suppression of the evidence, which may cause the case to be dismissed entirely. An experienced defense attorney examines the circumstances of every search in every drug case.
Related Articles
- Can police search your car without a warrant?
- Your rights during a traffic stop
- Felony vs. misdemeanor in Wisconsin
Attorney Christopher Carson defends drug charges throughout Waukesha and Milwaukee counties. Call (262) 860-8932.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Arrested in Wisconsin? Your Rights During a Stop, a Search, and Questioning · Charged With Drug Possession in Wisconsin? What You’re Actually Facing · What Is a Deferred Prosecution Agreement in Wisconsin — and Could It Keep a Conviction Off Your Record?
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.