When the police arrest you for drug possession in Wisconsin, you may worry about the consequences you might face. Specifically, you may wonder whether a conviction for drug possession will result in you having to serve a jail term. An experienced drug crimes lawyer can explain the possible penalties for a conviction and advocate on your behalf to minimize the consequences of your arrest.
Wisconsin’s Drug Possession Laws
Under Wisconsin law, a person commits the crime of drug possession if they possess or attempt to possess a controlled substance or controlled substance analog unless they obtain the substance or analog from or according to a valid prescription of a practitioner acting in the course of their professional practice or unless the law authorizes them to possess the substance or analog.
The law also distinguishes between possession of drugs for personal consumption and possession with intent to deliver. Possession with intent to deliver constitutes a separate, more serious criminal offense compared to simple possession, as the law grades possession with intent to deliver under all circumstances as a felony offense.
Factors That Affect the Possibility of Jail Time
When the court decides what sentence to impose after a drug possession conviction, some of the factors that the judge will consider when fashioning the sentence include:
- The Type of Drug – Courts may sentence more leniently for drugs such as marijuana compared to more dangerous substances like heroin, cocaine, or methamphetamine.
- Prior Convictions – The law increases the potential sentence for a drug possession conviction when a defendant has a previous conviction for drug possession.
- Aggravating Circumstances – Courts may view possession charges as more serious offenses when they involve aggravating factors like possessing drugs on or near school property or possessing drugs while armed with dangerous weapons.
Penalties for Drug Possession in Wisconsin
Penalties for a drug possession conviction in Wisconsin will depend on the type of substance and the classification of the offense:
- Schedule I or II Narcotic Drug – Class I felony, which imposes a penalty of up to three years and six months in prison, a fine of up to $10,000, or both
- Cocaine or Cocaine Base – Up to one year in jail and a potential fine of up to $2,000 for a first conviction, Class I felony for a second or subsequent conviction
- THC – Up to six months in jail and a potential fine of up to $1,000 for a first conviction, Class I felony for a second or subsequent conviction
- Methamphetamine – Class I felony
- Certain Hallucinogenic or Stimulant Drugs (Such as Methcathinone, Psilocybin, LSD, or Amphetamine) – Up to one year in jail and a potential fine of up to $5,000 for a first conviction, Class I felony for a second or subsequent conviction
- Other Drugs – Misdemeanor imposing a fine of up to $500, up to 30 days in jail, or both
Alternatives to Jail
The Wisconsin criminal justice system offers alternatives to traditional prosecution and punishment for eligible defendants facing simple possession charges. Common alternatives include:
- Pre-Charge Diversion Agreement – A prosecutor may agree not to file charges against an individual accused of drug possession if the individual completes certain obligations, such as refraining from committing new crimes, participating in education/addiction treatment, and completing community service.
- Post-Charge Diversion Agreement – The state may agree to suspend prosecution and ultimately reduce or dismiss a defendant’s charges upon their completion of the agreement’s requirements.
- Treatment Court – Focus on providing treatment for substance abuse issues, with defendants who complete the program eligible for relief from prosecution or conviction.
Contact a Criminal Defense Lawyer Today
If you’ve been arrested for drug possession, understanding the potential penalties you may face for a conviction can help you determine your legal strategy. Contact Jasti, Zehawi & Johnson LLC today for a free, confidential consultation with a drug defense attorney to discuss the possible outcomes for your drug possession charge in Wisconsin.