If you’re accused of possession of drug paraphernalia, you’re probably wondering what kind of penalties you could face. Wisconsin law treats paraphernalia possession as a separate offense from drug possession – and even first offenses carry criminal consequences.
What Counts as Drug Paraphernalia in Wisconsin?
“Drug paraphernalia” refers to any item used, intended for use, or designed to be used in connection with a controlled substance. That includes objects used for planting, growing, harvesting, testing, packaging, storing, or ingesting drugs. For example:
- Pipes (glass, metal, wooden, ceramic)
- Bongs and water pipes
- Rolling papers
- Scales or balances used for weighing substances
- Plastic baggies with residue
- Roach clips or other tools used for smoking
Even if the item has a legal purpose, it can still be considered paraphernalia. If the police believe you possessed an item with the intent to use it in connection with illegal drugs, that’s enough to support a charge.
Criminal Penalties for Possession of Drug Paraphernalia
It’s a crime to possess drug paraphernalia, even if you don’t have any drugs on you. Possession of drug paraphernalia is a misdemeanor. For a first-time charge, the maximum penalties include up to 30 days in jail and a fine of up to $500.
However, if law enforcement believes that your paraphernalia was intended for meth, you can be charged with a Class H felony. Under Wisconsin law, it’s illegal to possess “drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, or store methamphetamine or a controlled substance analog of methamphetamine.”
In some cases, you may pay court costs or be subject to conditions like drug counseling or community service. The charge will appear on your criminal record unless you successfully petition to have it expunged.
Possession vs. Manufacture or Delivery of Paraphernalia
Wisconsin also criminalizes the “manufacture or delivery” of drug-related paraphernalia. If the police believe you were manufacturing or distributing paraphernalia for meth, or furnishing it to someone under 17, you could face harsher penalties. These offenses carry higher fines and longer potential jail time.
Even as a first-time offender, simple manufacturing or delivering paraphernalia charges could result in up to 90 days in jail and a fine of up to $1,000.
Furnishing paraphernalia to someone under 17 is a Class G felony. If convicted, punishments range from nine months in jail and up to $10,000 in fines to 10 years in prison and a $25,000 fine. The penalties vary depending on your age and the minor’s age.
Can You Fight a Paraphernalia Charge?
If you’re accused of possessing, manufacturing, or delivering drug paraphernalia, you have the right to challenge the charge. Common defenses include:
- The Item Wasn’t Actually Paraphernalia – To convict you, the prosecution must show that the item was used, intended for use, or designed for use with controlled substances. For example, a spoon without residue or a drug-related context may not meet the legal standard.
- You Didn’t Knowingly Possess the Item – The state must prove that you knew the item was present and had control over it. If it was found in a shared space, that can be a defense.
- The Item Wasn’t Intended for Drug Use – Many objects, like baggies and foil, have lawful everyday uses. Your attorney may argue that a lack of residue, drug evidence, or other indicators of illegal use indicates lawful use.
- The Evidence Came from an Illegal Search or Seizure – If police violated your Fourth Amendment rights during a stop or search, your attorney can file a motion to suppress the evidence.
Learn More from a Skilled Criminal Defense Attorney
If you’ve been charged with possession of drug paraphernalia in Wisconsin, Jasti, Zehawi & Johnson LLC can help. Contact us today to learn more about your options.