Photo from Unsplash
Originally Posted On: https://www.pattonlawwi.com/drug-possession-in-wisconsin-what-are-the-laws/
Depending on where you live, drug possession may be one of the most common crimes in your area. Getting charged with it can result in years of jail time, even for something as simple as possession.
The main issue with drug possession laws is that they vary from state to state and even between cities. Something that’s legal to smoke at home might be illegal to carry over state lines. It’s important to understand the differences in these laws and how they can affect you.
Here’s what you need to know about how drug possession charges work in Wisconsin.
What Counts as Drug Possession?
Drug possession in Wisconsin means that an individual knowingly held onto any amount of an illegal substance. At the very least, holding onto an illegal drug means that this person intended it for personal use. In addition, the defendant is believed to have known the substance was controlled.
In other words, fighting a drug possession charge means proving that you did not know you had the substance on you and/or were not aware that it was illegal. This is often difficult, as you cannot make a proper judgment based on an individual’s claim alone.
The controlled substances in Wisconsin are broken down into schedules ranging from I to V. Substances in schedule one have the highest potential for abuse while schedule five ones are safer and approved for medical use.
Schedule I
This is the most dangerous category of substances considered illegal in Wisconsin. As such, the penalties for possessing them are much higher than in the other schedules.
Schedule I includes LSD, PCP, heroin, and THC. Since marijuana contains THC, it is automatically included on this list.
Although marijuana use has been increasingly accepted in certain states, it still remains an illegal substance in Wisconsin. Even though it’s legal to use it in the neighboring state of Minnesota, you cannot travel across state lines with any amount of THC in your possession.
Schedule II
Schedule II drugs include things like cocaine, opium, and morphine. Even though you can access morphine and amphetamines in a hospital setting, they can be as addictive as cocaine. Furthermore, heroin is made out of morphine.
Schedule III, IV, and V
The last three categories are substances with some level of accepted medical use. They’re also not considered nearly as dangerous as the first two groupings.
Some examples of these substances include:
- Testosterone
- Steroids
- Xanax
- Valium
- Codeine
Simply carrying one of these substances won’t get you into trouble. Instead, officials will look at how high a quantity you own and how you’ve been using them.
Penalties for Drug Possession
What are the penalties for a drug possession charge?
First of all, it can depend on the type of substance you’re holding and the amount. The punishment is also less severe on your first offense.
Something like marijuana can land you half a year in jail with a $1,000 fine the first time around. After that, it shifts from a misdemeanor to a felony with a longer sentence and a higher fine.
Meanwhile, heroin possession starts out as a felony with a maximum of three and a half years in jail with a $10,000 fine.
Alongside jail time and the fine, you can also expect to lose certain privileges. You’ll need to forfeit any vehicle associated with the transportation of the illegal substance. You also lose your driver’s license for up to five years.
Another thing to consider is that any money or possessions associated with the sale of illegal drugs will be confiscated by the police. That can include bail money you had set aside.
Prescription Drugs and Drug Paraphernalia
The penalties for drug possession also apply to the unlawful possession of prescription drugs. As the name implies, prescription drugs require a doctor’s written prescription to access. Owning them without that means, they were obtained illegally.
Similarly, you can end up in legal trouble for owning drug paraphernalia. Drug paraphernalia is anything that can make, use, or hide controlled substances. That means things like dime bags, bongs, and even a backpack.
Defenses for Drug Crime Cases
Getting arrested for drug possession doesn’t mean there is no hope. There are ways to fight the charges, regardless of the evidence they claim to have.
Challenging the Search and Seizure
First of all, you can challenge the legality of the search and seizure of the drugs. Did the police have probable cause to search your person or property? In this case, they would have to convince the jury that their excuse was valid.
If the police did not have probable cause, then they would have required a search warrant to enter your property. Failure to acquire this warrant means that whatever they found cannot be used against you in a court of law.
Challenge Possession Claim
Illegal drug possession only applies if you were aware of the substance.
For example, it is possible to purchase a vehicle with a hidden stash of drugs in it from another person. Something well-hidden wouldn’t be easily found by someone unaware of it. However, police officers know the common hiding spots for illegal substances.
You may be able to make a case that you didn’t know about the substance’s existence. It would help if you can prove the date of your purchase and consent to a background check.
Hire a Criminal Defense Lawyer
Finally, you’ll have the best chance of beating a conviction with the help of a drug crime lawyer. They not only bring years of experience with them but can also help you avoid some of the most common mistakes.
Some of the mistakes you may make include not preparing for court, sharing too much information, and acting unprofessional in court. However, you should be sure to share as much as possible with your attorney so they can plan out your defense.
Find the Best Attorneys for Your Case
The severity of a drug possession charge will depend on various factors, such as the substance, the amount, and if it’s your first offense. It is possible to avoid it by proving your innocence, though. That’s where your defense attorney comes in.
Patton Law Office’s practice areas include criminal defense, drug crimes, family law, and more. We serve the Kenosha and Racine counties in Wisconsin. Contact us to learn more and tell us about your case.
