Drug Charge Defense

wisconsin drug crimes and penalties

Experienced Madison Law Firm Delivering Winning Results Defending Criminal Cases in Wisconsin Since 1991

In Wisconsin, drug offenses such as
possession, intent to distribute,
manufacturing, and conspiracy carry serious
penalties. Don't leave your defense to just
any law firm.

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Wisconsin Misdemeanor Penalties

Class A Up to 9 months in jail and fines up to $10,000.

Class B Up to 90 days in jail and fines up to $1,000.

Class C Up to 30 days in Jail and fines up to $500.

 

Wisconsin Felony Penalties

Class A Up to life imprisonment.

Class B Up to 60 years in prison.

Class C Up to 40 years in prison and fines up to $100,000.

Class D Up to 25 years in prison and fines up to $100,000.

Class E Up to 15 years in prison and fines up to $50,000.

Class F Up to 12.5 years in prison and fines up to $25,000.

Class G Up to 10 years in prison and fines up to $25,000.

Class H Up to 6 years in prison and fines up to $10,000.

Class I Up to 3.5 years in prison and fines up to $10,000.

 

Drug Possession

Possession of Marijuana (THC)

  • First offense possession of marijuana can be charged as a misdemeanor, carrying with it a penalty of 6 months jail, a $1,000.00 fine, or both.
  • Second or subsequent offense possession of marijuana can be charged as a Class I felony.

 

Possession of Cocaine

  • First offense possession of cocaine case carries with it the possibility of a $5,000.00 fine and 1 year in the county jail, or both.
  • Second or subsequent possession of cocaine case is a Class I felony.

 

Possession of Methamphetamine

  • Possession of methamphetamine is punishable by a Class I felony.

 

Possession of Heroin

  • Possession of heroin is also a Class I felony.

 

Possession with Intent to Manufacture, Distribute, or Deliver

Possession with Intent to Manufacture, Distribute, or Deliver Marijuana

  • Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.
  • More than 200 grams but not more than 1,000 grams, or more than 4 plants containing tetrahydrocannabinols but not more than 20 plants containing tetrahydrocannabinols, the person is guilty of a Class H felony.
  • More than 1,000 grams but not more than 2,500 grams, or more than 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person is guilty of a Class G felony.
  • More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony.
  • More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony. 

 

Possession with Intent to Manufacture, Distribute, or Deliver Cocaine

  1. One gram or less, the person is guilty of a Class G felony.
  2. More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
  3. More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony
  4. More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony.
  5. More than 40 grams, the person is guilty of a Class C felony.

 

Possession with Intent to Manufacture, Distribute, or Deliver Methamphetamine

  1. Three grams or less, the person is guilty of a Class F felony.
  2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
  3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  4. More than 50 grams, the person is guilty of a Class C felony.

 

Possession with Intent to Manufacture, Distribute, or Deliver Heroin

  1. Three grams or less, the person is guilty of a Class F felony.
  2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
  3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  4. More than 50 grams, the person is guilty of a Class C felony.

 

Manufacture, Distribution, or Delivery

Manufacture, Distribution, or Delivery of Marijuana (THC)

  • Under 200 grams, or 4 of fewer plants, the defendant is subject to a Class I felony.
  • 200 – 1000 grams, or 4 – 20 plants, the defendant is subject to a Class H felony.
  • 1,000 – 2,500 grams, or 20 – 50 plants, the defendant is subject to a Class G felony.
  • 2,500 – 10,000 grams, or 50-200 plants, the defendant is subject to a Class F felony.
  • Over 10,000 grams, or over 200 plants, the defendant is subject to a Class E felony.

 

Manufacture, Distribution, or Delivery of Cocaine

  • If the amount involved is one gram or less, the penalty is a Class G felony.
  • If convicted of between 1-5 grams, the penalty jumps to a Class F felony.
  • If the amount of cocaine manufactured, delivered, or distributed of cocaine is between 5 and 15 grams, the penalty moves up to a Class E felony.
  • The second most serious penalty category for this crime is between 15-40 grams. This is a Class D felony.
  • Finally, the most serious penalty an individual convicted of manufacturing, distributing, or delivery cocaine faces is a Class C felony, occurring when the amount involved is over 40 grams cocaine.

Manufacture, Distribution, or Delivery of Methamphetamine

  • Three grams or less, the person is guilty of a Class F felony.
  • More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
  • More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  • More than 50 grams, the person is guilty of a Class C felony.

Manufacture, Distribution, or Delivery of Heroin

  • Three grams or less, the person is guilty of a Class F felony.
  • More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
  • More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  • More than 50 grams, the person is guilty of a Class C felony.
What should I do if I am
arrested?
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What is the punishment for
OWI in Wisconsin?
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If you're facing drug charges in Wisconsin and would like more detailed information about the specific charges you're facing or need to hire a Wisconsin drug defense attorney to discuss your case, Contact Us today.
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I was charged with a criminal operating with a restricted controlled substance offense and had the good fortune of a friend, whom Pat had previously helped, recommend him to me. Pat was extremely knowledgeable, thorough and professional. My charge was amended to a different offense and thanks to Pat I never spent any time in jail. I strongly recommend him to anyone looking for a criminal lawyer.”

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