When most of us think of “controlled substances,” drugs like cocaine, marijuana, and heroin usually come to mind. But it’s important to realize that prescription drugs for personal or recreational use are also controlled substances that are dealt with just like any other drug when it comes to drug crimes under Wisconsin law.
Whether you’re holding onto them for yourself or for someone else to use, prescription painkillers like Vicodin and OxyContin and anti-depressants like Xanax, Valium, Ambien, and Zoloft are among some of the most common types of prescription drugs involved in prescription drug charges in Wisconsin.
Penalties for prescription drug possession can often be just as severe as penalties for narcotics. Let’s go through each of the most common prescription drugs and explain their corresponding schedule and penalty if used unlawfully.
Read the article, "Opioid Use in Wisconsin: Heroin and Prescription Painkillers A Growing Concern" by Stangl Law to learn more about this important issue impacting so many people across our state.
Amphetamines, Methamphetamine & Adderall
Amphetamines like methamphetamine (meth), and Adderall are considered Schedule I Controlled Substances. These carry the most severe penalties.
Unlawful possession of Amphetamines:
- First offense: Maximum fine of $5,000 and/or 1 year in jail
- Subsequent offenses: Class I felony, a maximum fine of $10,000 and/or 3.5 years in prison
If you're facing drug charges of any kind, including possession, manufacturing or conspiracy, you should contact a skilled criminal defense attorney specializing in drug charge defense right away to help ensure your best result.
Opiates & Opioids such as Oxycodone
Prescription opiates and opioids like codeine, hydrocodone, morphine and oxycodone are Schedule II Controlled Substances under the Wisconsin Controlled Substances Act and carry the following penalties:
Unlawful possession of Schedule I or II narcotics:
- Class I felony, a maximum fine of $10,000 and/or 3.5 years in prison
Other commonly abused substances like Ketamine and Rohypnol are categorized as Schedule III and IV Controlled Substances and carry the following penalties:
Unlawful possession of scheduled non-narcotics:
- $500 maximum fine and/or 30 days in jail
Additional fines and penalties for possessing prescription drugs in Wisconsin
The Drug Abuse Program Improvement Surcharge:
All fines that results from drug convictions are subject to an additional surcharge of up to 50%. This is called the Drug Abuse Program Improvement Surcharge and it’s used to fund the Wisconsin Department of Health and Family Services drug and alcohol prevention programs.
Suspension of driving privileges:
Wisconsin drug convictions carry a mandatory suspension of driving privileges for up to five years.
Community service requirements for drug charges:
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. Contact me for more information.
What to do if you’ve been charged with drug possession in Wisconsin
It’s imperative to contact an attorney with experience defending cases like yours as quickly as possible.
To avoid running the risk of incriminating yourself, keep silent around law enforcement after your initial arrest. Do not accept any kind of plea bargain or guilty plea before a proven criminal defense attorney has had a chance to review your case.
FREE Drug Defense Consultation in Wisconsin
Wisconsin Drug Defense Attorney Patrick J. Stangl is committed to protecting the rights of his clients. 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.
If you’ve been charged with drug possession or any other drug charge, Attorney Stangl is happy to offer you a FREE 15-minute consultation to discuss your case and explore options for your defense against drug charges in Wisconsin.
Simply click the link below to take the first step to request your free consultation with Attorney Stangl.