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Controlled Substances.

What is a Controlled Substance Crime?

Wis. Stat. §961 governs controlled substances. Specifically, Wis. Stat. §961.41 sets forth the prohibited acts and their corresponding penalties. The text of the statute is available here.

The most commonly-charged controlled substance crimes are manufacture, distribution and delivery; possession with the intent to distribute; and possession. The type and amount of controlled substance determines the charges and penalties associated with the above-mentioned categories. Expand the categories below for further detail regarding the most common controlled substances.

Manufacture, Distribution and Delivery:

With few exceptions outlined in the statute, it is unlawful for a person to manufacture, distribute or deliver the following controlled substances*:

  • If the amount is one gram or less, the person is guilty of a Class G felony.
  • If the amount is more than one gram but not more than five grams, the person is guilty of a Class F felony.
  •  If the amount is more than five grams but not more than 15 grams, the person is guilty of a Class E felony.
  • If the amount is more than 15 grams but not more than 40 grams, the person is guilty of a Class D felony.
  • If the amount is more than 40 grams, the person is guilty of a Class C felony.
  • If the amount is three grams or less, the person is guilty of a Class F felony.
  • If the amount is more than three grams but not more than 10 grams, the person is guilty of a Class E felony.
  • If the amount is more than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  • If the amount is more than 50 grams, the person is guilty of a Class C felony.
  • If the amount is three grams or less, the person is guilty of a Class F felony.
  • If the amount is more than three grams but not more than 10 grams, the person is guilty of a Class E felony.
  • If the amount is more than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  • If the amount is more than 50 grams, the person is guilty of a Class C felony.
  • If the amount is 200 grams or less, or four or fewer plants, the person is guilty of a Class I felony.
  • If the amount is more than 200 grams but not more than 1,000 grams, or more than 4 plants but not more than 20 plants, the person is guilty of a Class H felony.
  • If the amount is more than 1,000 grams but not more than 2,500 grams, or more than 20 plants but not more than 50 plants, the person is guilty of a Class G felony.
  • If the amount is more than 2,500 grams but not more than 10,000 grams, or more than 50 plants but not more than 200 plants, the person is guilty of a Class F felony.
  • If the amount is more than 10,000 grams, or more than 200 plants, the person is guilty of a Class E felony.

*Please note that this is not a complete list. These are the four most common controlled substances.

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Possession with the Intent to Manufacture, Distribute, or Deliver:

The statute prohibits possession of controlled substances with the intent to manufacture, distribute, or deliver. Intent is determined by:

  1. Quantity and monetary value of the controlled substance;
  2. Possession of manufacturing implements or paraphernalia; and/or
  3. The activities and statements of the person in possession of the controlled substance, both before and after the violation.

As with manufacturing, distributing, or delivering, the type and amount of controlled substance determines the charges and penalties associated with the crime. Expand the controlled substance below for details*.

  • If the amount is one gram or less, the person is guilty of a Class G felony.
  • If the amount is more than one gram but not more than five grams, the person is guilty of a Class F felony.
  •  If the amount is more than five grams but not more than 15 grams, the person is guilty of a Class E felony.
  • If the amount is more than 15 grams but not more than 40 grams, the person is guilty of a Class D felony.
  • If the amount is more than 40 grams, the person is guilty of a Class C felony.
  • If the amount is three grams or less, the person is guilty of a Class F felony.
  • If the amount is more than three grams but not more than 10 grams, the person is guilty of a Class E felony.
  • If the amount is more than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  • If the amount is more than 50 grams, the person is guilty of a Class C felony.
  • If the amount is three grams or less, the person is guilty of a Class F felony.
  • If the amount is more than three grams but not more than 10 grams, the person is guilty of a Class E felony.
  • If the amount is more than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
  • If the amount is more than 50 grams, the person is guilty of a Class C felony.
  • If the amount is 200 grams or less, or four or fewer plants, the person is guilty of a Class I felony.
  • If the amount is more than 200 grams but not more than 1,000 grams, or more than 4 plants but not more than 20 plants, the person is guilty of a Class H felony.
  • If the amount is more than 1,000 grams but not more than 2,500 grams, or more than 20 plants but not more than 50 plants, the person is guilty of a Class G felony.
  • If the amount is more than 2,500 grams but not more than 10,000 grams, or more than 50 plants but not more than 200 plants, the person is guilty of a Class F felony.
  • If the amount is more than 10,000 grams, or more than 200 plants, the person is guilty of a Class E felony.

* Please note that this is not a complete list. These are the four most common controlled substances.
Possession:

Without a valid prescription from a licensed practitioner acting in his or her professional capacity, a person is prohibited from possessing a controlled substance or controlled substance analog. The penalties consider the type of the controlled substance in the person’s possession.

If a person possesses or attempts to possess cocaine, the person shall be fined up to $5,000 and imprisoned for up to one year in the county jail for a first conviction. A second or subsequent conviction is categorized as a Class I felony, which is punishable by no more than $10,000, up to 3 years and 6 months’ imprisonment, or both.

If a person possesses or attempts to possess the controlled substances outlined in Wis. Stat. §961.41 subd. 3(g)(d), the person may be fined no more than $5,000, imprisoned for up to one year in the county jail or both for a first offense. A second or subsequent offense is classified as a Class I felony, which carries a possible sentence of up to a $10,000 fine, 3 years and 6 months’ imprisonment, or both.
If a person possesses or attempts to possess tetrahydrocannabinols, the person may be fined up to $1,000, imprisoned by not more than 6 months in jail or both for a first offense. A second or subsequent offense is classified as a Class I felony, which carries a possible sentence of up to a $10,000 fine, 3 years and 6 months’ imprisonment, or both.

If a person possesses or attempts to possess methamphetamine, the person is guilty of a Class I felony, which carries a possible sentence of up to a $10,000 fine, 3 years and 6 months’ imprisonment, or both.

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