Cocaine Possession in Wisconsin: Penalties and Next Steps

Being charged with cocaine possession in Wisconsin is serious—even if it's your first offense, even if the amount seems small. The reality is that any amount of cocaine that can be tested can lead to criminal charges that affect your freedom, your finances, and your future. In this post, we'll dig into different types of cocaine possession charges, potential penalties, and what you can do about it if you or your loved one has been charged.

At a Glance: Cocaine Possession in Wisconsin

What you need to know:

First-time possession: Misdemeanor with up to 1 year in jail and fines up to $5,000
Second or subsequent offense: Class I felony with up to 3.5 years in prison and fines up to $10,000
Intent to deliver charges: Much harsher penalties ranging from 10-40 years depending on amount
Your driving privileges: Can be suspended for up to 5 years
Your criminal record: These charges stay on your record for life unless expunged.
Additional costs: Wisconsin imposes a Drug Abuse Program Improvement Surcharge of 75% on any fine issued under Wisconsin Statute § 961.41(5)(a) for drug possession or delivery violations.

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Understanding Cocaine Charges Under Wisconsin Law

Wisconsin law classifies cocaine as one of the most common drug offenses involving non-prescription, illicit substances. The penalties you face depend on three critical factors:

The amount of cocaine involved
Whether this is your first offense or a repeat offense
Your relevant criminal history

What Counts as "Possession"?

Here's something many people don't realize: "possession" is a loose term when it comes to Wisconsin's drug laws. While having possession in football means having physical contact with the ball, drug possession charges in Wisconsin don't require you to be holding anything on your person at all.

You can be charged with possession even if the cocaine was found in your vehicle, your home, or another location where you had control over the substance. This is known as "constructive possession."

Penalties for Cocaine Possession in Wisconsin

First-Time Possession

If you're facing a first-time cocaine possession charge in Wisconsin, you're looking at a misdemeanor with serious consequences:

Maximum jail time: 1 year in county jail
Maximum fine: $5,000
Driving privileges: Suspension for up to 5 years
Additional surcharges: Drug Abuse Program Improvement Surcharge

Any fine imposed under Wis. Stat. § 961.41(5)(a) is subject to an additional surcharge of 75% called the Drug Abuse Program Improvement Surcharge, used to fund DHS drug and alcohol prevention programs.

Second and Subsequent Offenses

A second or subsequent possession of cocaine charge escalates to a Class I felony. The penalties become significantly more severe:

Maximum prison time: 3.5 years in state prison
Maximum fine: $10,000
Additional surcharges: Up to $5,000
Driving privileges: Suspension for up to 5 years

Beyond the Courtroom: Hidden Consequences

Criminal convictions carry serious penalties, some of which you may not expect. If you've been convicted of a cocaine offense, possible consequences include:

Difficulty finding a job
A permanent criminal record
Suspended driver's license
Loss or denial of professional licenses
Inability to rent or buy a house
Probation
Large fines and court fees

For felony convictions, you may also lose fundamental civil rights:

The right to possess a gun
The ability to hunt with a gun
The right to vote (while serving your sentence)
The ability to hold office (while serving your sentence)
The ability to serve on a jury

Possession with Intent to Deliver: When Penalties Skyrocket

Possession with the intent to distribute a controlled substance in Wisconsin can bring with it even harsher penalties. Distribution is a felony offense that carries more penalties than a misdemeanor.

The penalties for cocaine possession with intent to deliver are broken down by weight:

Less Than 1 Gram

Class G felony

Up to 10 years in state prison
Fine of up to $25,000

1 to 5 Grams

Class F felony

Up to 12.5 years in state prison
Fine of up to $25,000

5 to 15 Grams

Class E felony

Up to 15 years in state prison
Fine of up to $50,000

15 to 40 Grams

Class D felony

Up to 25 years in state prison
Fine of up to $100,000

More Than 40 Grams

Class C felony

Up to 40 years in state prison
Fine of up to $100,000

What Increases Your Penalties?

Certain circumstances can add to your penalties or result in additional charges:

Drug Paraphernalia

If you're being charged with possession of cocaine and drug paraphernalia, you may face additional charges which carry an additional $500 fine and imprisonment of up to 30 days.

Location-Based Enhancements

Possession of some Schedule I and II controlled substances within 1,000 feet of schools, public parks, and other buildings carry additional community service sentences. Committing these offenses near a school or other drug-free zone will also add extra penalties.

Operating a Vehicle

If you were driving during the offense, you may face more fines and jail time in addition to your other charges. You can also lose your driving privileges for 6 months to 5 years. Wisconsin considers up to two repeat drug related driving offenses a misdemeanor.

Five Proven Defense Strategies for Cocaine Charges

While it may seem like the deck is stacked against you when you're facing drug possession charges, Attorney Stangl has helped many people facing serious drug charges have their cases amended to lesser crimes or dismissed altogether.

Each drug possession case is different and depending on the particular circumstances surrounding your charges, there may be a number of defenses which can be raised—all of which have been proven effective.

Defense Strategy #1: Illegal Search and Seizure

If evidence is shown to be obtained illegally, it cannot be submitted for trial. For instance, if the police didn't secure a valid warrant before they seized any controlled substances, that evidence may be suppressed.

Police officers require probable cause to perform a search on an individual or their vehicle. Search warrants are required to enter homes. At Stangl Law, we may look into whether there truly was probable cause to conduct a search of your person or vehicle.

Case Example: United States of America v. D.S., United States District Court of Minnesota (page 8)—Motion to Suppress Evidence as a Result of an Unconstitutional Search Granted (53g cocaine suppressed)

Defense Strategy #2: Mistaken Identity of Substance

Sometimes a substance may appear to be something illegal, but is something entirely different. In these situations, you may request for testing at a chemical lab to determine what the substance is.

Defense Strategy #3: Lack of Possession

This can be sticky legal territory. While the defense can show controlled substances to belong to someone else in some circumstances, the prosecution may use constructive possession laws to prove a person guilty even if the substances didn't belong to them.

Having knowledge of the substances in your possession and their legality can play a role in your defense.

Defense Strategy #4: Duress

If you can show that you were forced to transport or hold controlled substances for someone else, you may have a valid defense.

Defense Strategy #5: Lost or Compromised Evidence

Evidence that is lost during the course of the trial can weaken the prosecution. This typically occurs when evidence is moved frequently from one place to another.

Conditional Discharge: A Second Chance for First-Time Offenders

For those who are experiencing their first offense, you may be eligible for a conditional discharge under Wisconsin law. This is a period of probation prior to judgment being entered. If completed successfully, you will be discharged with your charges dismissed from court.

Probation almost always includes:

Random drug testing
Meetings with an assigned probation officer
Employment requirements
Addiction treatments if the court deems them necessary

Real Results: Stangl Law's Track Record

Attorney Stangl has successfully defended numerous cocaine cases across Wisconsin. Here are just some examples:

United States of America v. D.S., United States District Court of Minnesota

Motion to Suppress Evidence as a Result of an Unconstitutional Search Granted (53g cocaine suppressed)

State of Wisconsin v. D.S., Wood County

Possession with Intent to Deliver Cocaine (≥40g) – Dismissed

State of Wisconsin v. R.R., Iowa County

Possession of Cocaine – Dismissed

State of Wisconsin v. K.B., Dane County

Manufacture/Deliver Cocaine (>5-15g) – Dismissed
Manufacture/Deliver Cocaine (>1-5g) – Dismissed

State of Wisconsin v. H.M.C., Richland County

Possession of Cocaine, THC – Dismissed

State of Wisconsin v. K.M., Richland County

Two Counts Delivery of Cocaine – Dismissed

State of Wisconsin v. B.F., Sauk County

Cocaine Conspiracy – Dismissed

State of Wisconsin v. S.W., Adams County

Possession THC, Possession Cocaine – Dismissed

These are just some examples of drug cases successfully defended by Attorney Stangl. The slightest factual circumstances or disparities can change the result obtained in any particular case.

What NOT to Do If You're Charged

Don't Talk to Police Without an Attorney

Avoid running the risk of incriminating yourself by keeping silent around law enforcement after your initial arrest. First, be polite and cooperative. Arguing, struggling, or fighting will never make the situation better. Rarely, if ever, is a person able to convince an officer to stop an arrest. Remain silent! Finally, call a lawyer as soon as possible.

Don't Accept a Plea Bargain Without Legal Review

Do not accept any kind of plea bargain or guilty plea offered to you before an attorney has had a chance to review your case. Wisconsin prosecutors often bring stiff penalties for drug offenses of any kind. What seems like a good deal may not be in your best interest.

Don't Wait

Time is critical when you're facing drug charges. Evidence can be lost, witnesses' memories fade, and opportunities for strong defenses can disappear. The sooner you contact an experienced criminal defense attorney, the more options you'll have.

What Attorney Stangl Can Do for You

Attorney Patrick Stangl understands the types of questions you might have if you're facing criminal charges in Wisconsin related to possession, intent to deliver, manufacture, conspiracy, or other drug charges. As a qualified criminal defense lawyer with over 32 years of experience and a proven record of success, Attorney Pat Stangl is committed to protecting the rights of his clients across Wisconsin.

Nationally-recognized for his outstanding criminal and OWI defense, Attorney Stangl has built a solid record of success since establishing his Madison law firm in 1991.

Cocaine Possession Defense Success Story

Attorney Stangl represented a client charged with possession of narcotic drugs, fentanyl, and possession of cocaine. Possession of fentanyl, even in very small amounts, is a felony. The drugs were discovered during a search of his client’s property prior to being booked into the Dane County Jail on a traffic violation.

To prove possession of drugs the State has to prove the defendant knew that it was the particular drug and that they possessed it, meaning they exercised dominion and control over the item. Here, there was no question the client possessed the drugs since they were found in his wallet which was removed from his person prior to an inventory search of personal property at the jail. Unfortunately, fentanyl is being mixed with other street drugs, usually unknown to the possessor.

Here, the client did not have knowledge that fentanyl was mixed with the cocaine. At the preliminary hearing held on the fentanyl charge Attorney Stangl moved to dismiss, arguing that the State had failed to establish probable cause as to the possession of fentanyl. He argued that there was no evidence or reasonable inferences therefrom, that his client knowingly possessed the drug.

The court denied the motion and the matter was bound over for further proceedings, including trial. A relentless advocate for his clients, Attorney Stangl was able to get the fentanyl charge dismissed outright and the possession of cocaine charge, a misdemeanor, amended to a non-criminal ordinance violation for possession of drug paraphernalia. His client ended up with a civil infraction and a small fine, escaping all criminal consequences.

Contact Stangl Law Today

Criminal Defense Attorney Patrick J. Stangl has been defending clients charged with drug offenses across Wisconsin since 1991. Working from his office in Madison, Attorney Stangl defends drug cases in Dane County and beyond. If there's a way to win your case, Stangl Law will find it.

If you've been charged with drug possession or any other drug charge, contact an experienced Wisconsin criminal defense attorney today.

Click below to request your FREE 10-minute consultation with Attorney Patrick Stangl.

Frequently Asked Questions

Will a cocaine conviction stay on my record forever?

Not always. First-time offenders for possession may qualify for conditional discharge under Wis. Stat. § 961.47, where the court withholds judgment and dismisses the charge after successful probation. Otherwise, a conviction remains permanently unless expunged under Wis. Stat. § 973.015.

Can I get my driver's license back after a drug conviction?

Wisconsin drug convictions can lead to driving privileges being suspended for up to five years. However, in some cases, an attorney may be able to help minimize suspension time or explore options for occupational licenses.

What if the cocaine wasn't mine?

This is a common situation. While the defense can show controlled substances belong to someone else in some circumstances, prosecutors may use constructive possession laws to try to prove you guilty even if the substances didn't belong to you. An experienced attorney can challenge these claims.

What happens if I was arrested with cocaine in my car?

Being arrested with cocaine in your vehicle can lead to possession charges even if you weren't physically holding the drug. You may also face additional charges related to operating a vehicle while in possession of a controlled substance. Additionally, when the vehicle was used to transport or facilitate the sale or receipt of drugs, this can cause you to lose your vehicle through asset forfeiture.

Is there a difference between crack cocaine and powder cocaine in Wisconsin?

Wisconsin statutes do not differentiate between crack cocaine and powder cocaine. However, crack cocaine may be viewed more seriously by prosecutors and judges due to its highly addictive nature.

Related Resources

Learn more about drug charges in Wisconsin:

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