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Drug Possession Versus Possession with Intent to Deliver in Wisconsin

Posted by Attorney Stangl on May 28, 2015

Drug Possession Versus Possession with Intent to Deliver in Wisconsin

To fully understand the difference between the consequences of possessing drugs in Wisconsin versus distributing them, you must understand the way the Wisconsin judicial system views various drug offenses.

Wisconsin drug penalties vary with the amount of narcotics involved and whether or not you have a criminal history. Regardless of your situation, hiring an experienced criminal defense attorney is the only way to ensure the best possible outcome.

The United States classifies heroin, LSD, marijuana and ecstasy as the most addictive and dangerous drugs in existence. As a result, drug charges for more than extremely small amounts of these drugs can result in a felony charge that includes intent to distribute.

Additional charges may result from possession of paraphernalia or operating a motor vehicle under any of these circumstances. Wisconsin hands down penalties based on a number of factors, including:

  • Whether the act involved possession, distribution or manufacturing
  • An adult or juvenile defendant
  • An offense that involved a motor vehicle
  • A first time or repeat offender
  • A more or less dangerous class of drugs
  • A higher or lower quantity of drugs and any aggravating factors

Committing these offenses near a school or other drug-free zone will also add extra penalties.

First Time Minor Possession Charges in Wisconsin

If you are a first-time adult offender, who possessed a small amount of illegal drugs, you most likely will face a misdemeanor charge. The judicial system will confiscate all controlled dangerous substances and may also confiscate the vehicle involved in the incident.

You may pay up to $1000 in fines and receive up to 6 months in jail. If you were under 18 at the time of the incident, Wisconsin may divert your case to juvenile court. The court seeks to rehabilitate juveniles and give them an opportunity to have an unblemished adult record.

Repeat Possession and Distribution Charges in Wisconsin

Wisconsin courts consider repeat misdemeanors and cases involving distribution or larger quantities of drugs felonies. Any drug offense can cause you to lose your vehicle. Felonies also put your real estate and business assets at risk.

Drug offenses that take place in a school zone can add to your penalties. Felony drug offenders may pay up to $50,000 dollars in fines and serve up to 15 years in prison. Juveniles over 14 may not qualify for juvenile court for felony offenses. The presiding judge makes this decision.

Vehicles and Drug Offenses in Wisconsin

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 four repeat drug related driving offenses a misdemeanor. Repeat offenses carry a penalty of six months to 12 years in addition to other charges.

To give you an idea of how Wisconsin differentiates between possession and distribution charges, the following is a breakdown of the penalties Wisconsin lawmakers hand out for varying marijuana offenses:

Time

Maximum Fine

Possession

First Occurrence

Misdemeanor

6 months

$ 1,000

All Repeat Occurrences

Felony

3 1/2years

$ 10,000

Sale/Distribution

Under 200 grams

Felony

3 1/2 years

$ 10,000

200 - 1000 grams

Felony

6 years

$ 10,000

1000 - 2500 grams

Felony

10 years

$ 25,000

2500 - 10,000 grams

Felony

12 1/2 years

$ 25,000

Over 10,000 grams

Felony

15 years

$ 50,000

Manufacturing

4 to 20 plants

Felony

6 years

$ 10,000

20 to 50 plants

Felony

10 years

$ 25,000

50 to 200 plants

Felony

12 1/2 years

$ 25,000

Over 200 plants

Felony

15 years

$ 50,000

Drug Paraphernalia

Use

Misdemeanor

30 days

$ 500

Distribution

Misdemeanor

90 days

$ 1,000

To a juvenile at least 3 years younger than the defendant

Misdemeanor

9 months

$ 10,000

Misdemeanor Possession Charges In Wisconsin

Regardless of your situation, if you are charged with a drug related offense, your best course of action is to immediately hire an experienced criminal defense attorney who has successfully defended possession, distribution and conspiracy drug cases.

If the judicial system charges you with a first-time misdemeanor offense, we can help you plea for a conditional discharge, alternative sentencing or deferred prosecution. Usually, conditional discharge lets you bypass a trial and accept probation. After successfully completing probation, your criminal charge does not show up on your record.

If you were a juvenile when you received drug charges, the court will send your case to juvenile court and we can help you minimize your penalties. Some of the options offered in the juvenile court system are counseling, time and location restrictions, and community service.

Click here for your free consultation. Contacting us as soon as possible gives us more time to improve the outcome of your situation.

Felony Drug Charges in Wisconsin

For felony offenses, there are alternatives to incarceration depending on your circumstances and criminal history.

The court may allow you to arrange probation with monitoring and reporting. If you are a juvenile with an offense that involves the manufacture, distribution or delivery of drugs, a judge will decide whether to try your case in juvenile or adult court.

The best action you can take is to immediately hire an experienced, qualified attorney to represent your case. Click here to fill out our free consultation form, and we will discuss the best way to move forward with your case.

Overall, a distribution offense is much more serious than a possession charge. Distribution is a felony offense that carries more penalties than a misdemeanor.

What to do Next

Having drug paraphernalia, distributing drugs, manufacturing drugs and driving while committing these offenses are factors that can increase the seriousness of your case.

No matter what situation you find yourself in it’s crucial to contact an experienced Madison criminal defense attorney as soon as possible. Click the button below for a free consultation with Madison criminal defense attorney Patrick Stangl today:

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Attorney Stangl's Prior Drug Case Victories:

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 Crack Cocaine) - Thrown Out

State of Wisconsin v. K.B., Dane County Case 
Possession with Intent to Deliver THC (<200g) – Dismissed
Manufacture/Deliver Cocaine (>5-15g) - Dismissed
Manufacture/Deliver Cocaine (>1-5g) – Dismissed

State of Wisconsin v. B.F., Sauk County Case 
Cocaine Conspiracy – Dismissed 

State of Wisconsin v. G.B., Dane County Case 
Possession with of THC – Amended to Civil Forfeiture

State of Wisconsin v. M.K., Dane County Case 
Possession with Intent to Deliver THC (>2500g <10,000g) 
Motion to Dismiss- Granted – Case Dismissed 

State of Wisconsin v. L.G., Dane County Case 
Possession of Heroin – Dismissed - Expunged 

State of Wisconsin v. R.R., Dane County Case 
Possession of Cocaine – Dismissed

State of Wisconsin v. H.M.C., Richland County Case 
Possession of Cocaine, THC – Dismissed 

State of Wisconsin v. K.M., Richland County Case
Manufacture/Delivery of Cocaine – Dismissed
Manufacture/Delivery of Cocaine – Dismissed

State of Wisconsin v. B.F., Sauk County Case 
Cocaine Conspiracy – Dismissed 

State of Wisconsin v. R.R., Iowa County Case 
Possession of Cocaine – Dismissed

State of Wisconsin v. E.C., Washburn County Case 
Possession With Intent to Deliver THC - Dismissed at Preliminary Hearing

State of Wisconsin v. D.N., Eau Claire County Case 
Possession of Narcotic Drugs - Morphine – Deferred Judgment 
Charge To Be Dismissed Upon Conditions 

Possession of Narcotic Drugs - Oxytocin – Deferred Judgment - Charge To Be Dismissed Upon Conditions 

Possession of Controlled Substance – Vicodin - Amended to Obstructing an Officer

State of Wisconsin v. D.S., Wood County Case 
Possession with Intent to Deliver Cocaine (≥40g) - Dismissed

State of Wisconsin v. E.C., Washburn County Case 
Possession with Intent to Deliver THC – Dismissed at Preliminary Hearing

State of Wisconsin v. D.C., Barron County Case 
Possession/Delivery Methamphetamine – Dismissed

State of Wisconsin v. D.C., Barron County Case 
Drug Property Forfeiture – Dismissed 

State of Wisconsin v. F.S., Rock County Case 
Delivery THC – Amended to Simple Possession

State of Wisconsin v. S.W., Adams County Case 
Possession THC - Dismissed
Possession Cocaine – Dismissed

State of Wisconsin v. B.N., Barron County Case 
Felony Delivery THC – Dismissed

These are just some examples of drug cases successfully defended by Attorney Stangl. It is not an exhaustive listing of all drug cases successfully defended by Stangl Law Offices, S.C. 

DISCLAIMER:

The slightest factual circumstances or disparities can change the result obtained in any particular case. The results posted herein are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without knowledge of the specific factual and legal circumstances of each particular case.

Topics: Drug Charges

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