Skip to Content

Defining Wisconsin Drug Possession Charges

Marijuana being weighed on a small scale

Like many Wisconsin laws, not all drug crimes are considered the same. From the different types of accusations someone could face to the various penalties, it’s essential to understand what a specific allegation could mean for someone accused of a drug crime.

In Wisconsin, examples of drug crimes include having possession, intent to distribute or actual distribution, and illegally possessing prescriptions. Drug possession, in particular, can be confusing, as several factors could determine the severity of the penalties.

If you are facing drug possession charges, the team at The Law Offices of Jason D. Baltz is here to help. Contact our dedicated attorney online or by phone so we can start working on your case.

Drug Possession Differences

Drug possession is the ownership of an illegal drug. Possession is broken down in two ways:

  • Actual Possession — this means that the accused knew they had possession of the drug; and
  • Constructive Possession — this means that the accused was near the drug at the time of law enforcement’s interaction, but the accused did not physically have the drug on them.

Wisconsin Drug Schedules

A possession charge is determined by the type of drug someone is accused of having. Additionally, the amount of the drug will also contribute to the potential penalties.

Wisconsin breaks down drug possession charges into five schedules or classifications.

Schedule 5

These are drugs that may not be problematic on their own but can be used to create more serious narcotics. Drugs include cough medicine, codeine, and pseudoephedrine. Charges for a Schedule 5 possession can be classified as a Class I felony, which means a fine of up to $10,000 and prison for up to three-and-a-half years. The felony charge is typically because someone has a large quantity of Schedule 5 drugs.

Schedule 4

These are drugs that have the potential for abuse but are accepted for medical treatment if used as prescribed. If someone has a large quantity of these types of drugs, law enforcement may believe that someone could be abusing the substances. Charges for a Schedule 4 possession can result in a Class H felony, which carries fines of up to $10,000 and imprisonment for up to six years.

Schedule 3

These are drugs that are considered to have a low or moderate potential for dependency by the user. Charges for a Schedule 3 possession can also be a Class H felony.

Schedule 2

These drugs are considered to have a higher risk of dependency by the user and include substances such as Vicodin, cocaine, and Oxycontin. Someone with Schedule 2 drugs can be charged with a misdemeanor or felony depending on the substance amount someone possesses. If someone is convicted of a felony, it could be classified in four different ways: Class F (up to 12.5 years in prison and a fine of up to $25,000), Class E (up to 15 years in prison and a fine of up to $50,000), Class D (up to 25 years in prison and a fine of up to $100,000), or Class C (up to 40 years in prison and a fine of up to $100,000).

Schedule 1

These drugs are considered to be highly addictive and can lead to user dependency. Common Schedule 1 drugs include marijuana, LSD, ecstasy, and heroin. Like Schedule 2 drugs, someone accused of possessing a Schedule 1 drug can face either a misdemeanor or felony. Also similar to Schedule 2 drugs, a felony conviction involving a Schedule 1 drug can have penalties for a Class F, Class E, Class D, or Class C felony.

Facing Drug Possession Charges in Wisconsin?

A Wisconsin drug possession charge can lead to life-long consequences. Don’t let this accusation dictate your future. The Milwaukee drug possession attorney at The Law Offices of Jason D. Baltz has the experience needed to get you the best possible outcome regarding your legal matter. Learn more about Jason D. Baltz and contact his office online or by phone to schedule a consultation. (414) 375-0797

Share To: