In Wisconsin, it is illegal to manufacture, deliver or distribute controlled substances. These offenses have a corresponding penalty depending on the schedule and amount of the substance involved.
Manufacturing, Delivering or Distributing Cocaine:
- One gram or less is a class G felony
- More than one gram but less than five grams is a class F felony
- More than five grams but less than 15 grams is a class E felony
- More than 15 grams but less than 40 grams is a class D felony
- More than 40 grams is a class C felony
Manufacturing, Delivering or Distributing Heroin, PCP, Amphetamines and Methamphetamine:
- Three grams or less is a class F felony
- More than three grams but less than 10 grams is a class E felony
- More than 10 grams but less than 50 grams is a class D felony
- More than 50 grams is a class C felony
Manufacturing, Delivering or Distributing THC:
- 200 grams or less is a class I felony
- More than 1,000 grams but less than 2,500 grams is a class G felony
- More than 2,500 grams but less than 10,000 grams is a class F felony
- More than 10,000 grams is a class E felony
To prove that you manufactured a controlled substance, the State must prove beyond a reasonable doubt that you both produced a controlled substance, meaning generally that you physically or chemically altered the substance to change its form to a controlled substance; and that you knew or believed that the drug was a controlled substance. Similarly, to prove that you are guilty of delivering or distributing a controlled substance, the State must prove beyond a reasonable doubt that you knew at the time to be a controlled substance, to another person.
There are many defenses to these types of charges. It is common for individuals who are already arrested for drug-related charges to falsely accuse people they know of serious drug offenses such as manufacturing and distributing controlled substances in order to attempt to reduce or escape criminal responsibility. Additionally, technology, including cell phones, can help establish strong defenses, and call into question what witnesses report to police. Our firm collaborates with leading experts who specialize in drug-related investigations, and toxicologists (who study the science of the presence and effect of drugs in the human body)to thoroughly investigate the facts and provide our clients with the strongest possible defense . Each defense depends entirely on the specific facts and circumstances of the case. Please contact an attorney at our firm for a consultation and we look forward to discussing your case in further detail.