Possession of a Controlled Substance in Wisconsin
In Wisconsin, it is illegal to be in possession — or attempt to be in possession — of certain controlled substances, including illegal Schedule 1 drugs such as cocaine, or even certain prescribed controlled substances without a valid prescription. The penalty for possession depends entirely on the type of substance involved. If at any time prior to the current charged offense you had been convicted of a drug-related felony or misdemeanor, your current drug-related offense can be charged as a second and subsequent, which increases the criminal penalty.
Penalties by Substance
The penalties for Possession of a Controlled Substance vary significantly depending on the drug involved:
- Heroin or Methamphetamine (first offense): Class I Felony with a maximum penalty of up to 3.5 years confinement and/or a $10,000.00 fine if convicted.
- PCP, Amphetamine, or Cocaine (first offense): Maximum penalty of one year confinement in a county jail and/or a $5,000.00 fine. If charged as a second and subsequent, this becomes a Class I Felony with the same penalties as above.
- THC (first offense): Maximum penalty of a $1,000.00 fine and/or 6 months imprisonment. If charged as a second and subsequent, this becomes a Class I Felony with the same penalties listed above.
Attempted Possession of a Controlled Substance
An Attempted Possession of a Controlled Substance charge means the State is accusing you of unsuccessfully attempting to possess an illegal controlled substance. It carries the same potential penalties, if convicted, as the act of Possession of a Controlled Substance for the type of controlled substance you were alleged to have attempted to possess.
What the State Must Prove
To prove you guilty of Possession of a Controlled Substance, the State must prove beyond a reasonable doubt that: (1) you possessed a substance — meaning you “knowingly” had “actual physical control” of that substance; (2) that the substance was an illegal controlled substance; and (3) you knew or believed that the substance was an illegal controlled substance that was unlawful for you to possess.
To prove Attempted Possession of a Controlled Substance, the State must prove two elements beyond a reasonable doubt: (1) that you attempted to possess a specific controlled substance — meaning that you unequivocally acted to possess that substance but were unable to do so because a third person or another factor prevented you; and (2) you knew or believed that the controlled substance was illegal.
Defenses to Drug Possession Charges
There are many potential defenses to Possession or Attempted Possession of a Controlled Substance that depend on the facts of the specific case. One common example: it is quite common for multiple people to be arrested for possession of a controlled substance found in a house or vehicle when the arresting officer is unsure of which person owned or controlled it.
Although in some cases more than one person can be held legally responsible for possessing the same controlled substance, you cannot be guilty if, for example, the police found your roommate’s drugs in your house. As the Wisconsin Court of Appeals held in In the Interest of R.B., 108 Wis. 2d 494, 496, 322 N.W.2d 502, 503 (Ct. App. 1982): “opportunity to possess, standing alone, does not establish possession. There must additionally be the exercise of some dominion or control over the substance.”
Additionally, it is common for individuals charged with a crime and facing serious criminal consequences to falsely accuse another person. When the individual making the false accusation has a lengthy criminal history or a history of dishonesty, that evidence may be used to challenge the bias and motive of the accuser. Each defense requires a thorough and careful analysis of the facts of the case.
Contact a Wisconsin Drug Possession Defense Attorney
Our law firm has consistently raised successful defenses in these types of cases. Contact our offices to schedule a consultation with a criminal defense attorney to discuss the facts of your case.
