Possession of Methamphetamenes in Wisconsin: Charges & Penalties

At a glance:

• Methamphetamine is a Schedule II controlled substance in Wisconsin, carrying severe penalties under state law.
• First-time possession is classified as a class I felony in Wisconsin, with fines of up to $10,000 and up to 3.5 years of incarceration.
• Manufacturing or distribution charges are felonies that can result in up to 40 years in prison and/or thousands of dollars in fines, depending on the amount of drugs possessed.
• Enhanced federal penalties apply near schools: manufacturing, distributing, or possessing with intent within 1,000 feet of schools carries a mandatory minimum of 1 year confinement.
• You have legal options: illegal searches, lack of probable cause, and procedural violations can lead to dismissed charges, but you must act quickly.

Facing methamphetamine charges in Wisconsin is serious business. If you or someone you know has been charged with methamphetamine possession, manufacturing, or distribution in Wisconsin, the most important thing you can do right now is contact an experienced Wisconsin drug defense attorney. There is a short window for taking initial action, and every minute counts to maximize the likelihood of successfully reducing or dismissing your charges.

In this post, we'll go into further detail about what to expect if charged with meth possession in Wisconsin including types of citations, penalties, and next steps.

Understanding Methamphetamine Classification in Wisconsin

Wisconsin's controlled substance scheduling system categorizes drugs based on their risk of abuse and medical value. Amphetamines, like methamphetamine (meth), are considered Schedule II Controlled Substances under Wisconsin law. This classification means they are viewed as dangerous substances with high risk of dependency and limited legitimate medical use. 

Penalties for Methamphetamine Possession in Wisconsin

The penalties you face for meth-related charges depend on several critical factors:

• The amount of methamphetamine found in your possession
• Whether the charge involves possession, distribution, or manufacturing
• Your relevant criminal history
• The location where the offense occurred

First- and Subsequent Meth Possession Penalties in Wisconsin

Possession for methamphetamine is classified as a class I felony, even for first-time offenders.

Potential penalties in Wisconsin include:

• Fines of up to $10,000
• Imprisonment of up to 3 and 1/2 years
• Mandatory AODA (Alcohol and Other Drug Abuse) assessment

Your situation becomes more serious in these scenarios:

If you're charged with conspiracy: Methamphetamine conspiracy charges can result in multiple felonies. Even being "in the wrong place at the wrong time" and on the periphery of any conspiracy can result in serious charges.

If large quantities are involved: Cases involving manufacturing or distribution of larger amounts face federal jurisdiction and mandatory minimum penalties.

Manufacturing, Distribution, and Intent to Deliver

Producing, distributing, and/or delivering methamphetamine brings severe consequences following a conviction. These charges are felonies in Wisconsin, but the specific penalties depend on the amount. 

3 grams or less: Class F felony

Penalties include:

• Fine of $25,000 and/or a state prison sentence of 12 1/2 years
• Loss of civil liberties including voting rights (while serving the sentence) and firearm ownership
• Forfeiture of assets including vehicles, real estate, and business assets

Over 3 grams, but not more than 10 grams: Class E felony

Penalties include:

• Up to 15 years in state prison and/or a maximum fine of $50,000
• Loss of civil liberties including voting rights (while serving the sentence) and firearm ownership
• Forfeiture of assets including vehicles, real estate, and business assets

Over 10 grams but not more than 50 grams: Class D felony

Penalties include:

• Up to 25 years in state prison and/or maximum fine of $100,000
• Loss of civil liberties including voting rights (while serving the sentence) and firearm ownership
• Forfeiture of assets including vehicles, real estate, and business assets

Over 50g: Class C felony

Penalties include:

• Up to 40 years in state prison and/or maximum fine of $100,000
• Loss of civil liberties including voting rights (while serving the sentence) and firearm ownership
• Forfeiture of assets including vehicles, real estate, and business assets

Mandatory Minimum Sentences for Methamphetamine

Federal law imposes mandatory minimum sentences for certain methamphetamine offenses. If the prosecutors decide to pursue a federal (vs. state) case, mandatory minimums will apply to the following charges:

• Manufacturing/Distributing/Possessing with Intent to Distribute 5 grams or more of pure methamphetamine OR 50 grams or more of methamphetamine mixture OR conspiring or attempting to commit any of the above offenses—minimum five years of imprisonment
• Manufacturing/Distributing/Possessing with Intent to Distribute 50 grams or more of pure methamphetamine OR 500 grams or more of methamphetamine mixture OR conspiring or attempting to commit any of the above offenses—minimum 10 years of imprisonment
• Continuing Criminal Enterprise (leaders of organizations of five or more individuals who engage in a continuing series of drug violations)—minimum 20 years of imprisonment
  

Enhanced Penalties and Additional Consequences

Beyond the standard penalties, methamphetamine convictions in Wisconsin carry additional consequences that can impact your life for years:

• All fines from drug convictions are subject to an additional surcharge of 50% called the Drug Abuse Program Improvement Surcharge, used to fund Wisconsin Department of Health and Family Services drug and alcohol prevention programs.
• Possession of methamphetamine within 1,000 feet of schools, public parks, and other buildings carries additional community service sentences.
• Possession of methamphetamine with intent to distribute within 1,000 feet of schools or public housing developments can add five years onto the maximum sentence in Wisconsin

Possible Defenses for Methamphetamine Charges in Wisconsin

While methamphetamine charges carry serious consequences, there are proven defense strategies that can lead to reduced charges or complete dismissal:

Challenging the search and seizure process: Police officers require probable cause to perform a search on an individual or their vehicle. Search warrants are required to enter homes. If your rights were violated, any evidence collected may be inadmissible in court.

Lack of knowledge: Defense strategies may challenge your knowledge of the substances being in your possession in the first place.

Procedural violations: There are many procedures and protocols that must be followed to convict someone of drug offenses in Wisconsin. Violations can result in dismissed charges.

Motion to dismiss: If the criminal complaint is insufficient to establish probable cause for each element of the charges, motions to dismiss can be successful.

Real Case Results: Successful Methamphetamine Defense

Attorney Stangl has successfully defended clients against serious methamphetamine charges. In one case, a client was charged with a methamphetamine conspiracy with seven different felonies as well as additional misdemeanor charges.

Through investigation, Attorney Stangl was able to demonstrate that the defendant was essentially in the wrong place at the wrong time and on the periphery of any conspiracy. Ultimately this very challenging case was resolved without any felony or misdemeanor drug convictions. As long as the client successfully completes probation, he will only end up with a misdemeanor on his record after being charged with seven felonies and multiple misdemeanors.

In another case involving multiple felonies and drug charges, including conspiring to manufacture/deliver methamphetamines, the State agreed to dismiss eight charges, including five felonies, before the hearing. The case was ultimately resolved without any felony or misdemeanor drug convictions.

What to Do if You've Been Charged with Methamphetamine Possession

Time is critical. Wisconsin prosecutors often bring stiff penalties for drug offenses of any kind. As a result, it's imperative to contact an attorney with experience defending cases like yours as quickly as possible.

Remain silent. Avoid running the risk of incriminating yourself by keeping silent around law enforcement after your initial arrest. Do not accept any kind of plea bargain or guilty plea before an attorney has had a chance to review your case.

First-time offenders may be eligible for Conditional Discharge under Wisconsin law—a period of probation prior to judgment being entered. If completed successfully, you will be discharged with your charges dismissed from court.

Experienced Methamphetamine Defense in Wisconsin

Wisconsin's laws and penalties for the possession, use, and distribution of drugs are complicated. Drug charges are not only based on the type of controlled substances involved, but the amount found and your relevant criminal history. Depending on these factors, drug-related convictions can result in lengthy jail or prison sentences, large fines, and a host of other penalties.

Don't leave your defense to just any law firm. Madison Drug Crime Defense Attorney Pat Stangl has been defending clients against drug charges for over 30 years and has a strong record of success.

Attorney Patrick Stangl has extensive experience successfully defending criminal cases and can help you craft a powerful defense. If you've been charged with a drug crime anywhere in Wisconsin, request a free consultation with Stangl Law today.