Drug Laws

Some History of Drug Laws

• The penalties and charges in Wisconsin State Courts depend, in great part, upon the county charging the case, the prosecutor assigned, and the judge assigned to the case. A lawyer knowledgeable about the person involved is important to the outcome.
• Historically, one in four persons in the United States convicted and sentenced to prison for a drug crime is convicted of simple possession of drugs.
• Most people convicted for drug offenses are nonviolent.
• Most sentences in Federal Courts range from one year in jail to three years in prison for first-time offenders, and three years to 12 years in prison for second or repeat offenders.

Drug Crimes History

Drugs were an acceptable part of many religious rituals, and in their early days lauded for their medicinal effects. Societal views changed over time and by the early 1900's, the first narcotics laws appeared. Some Native American groups, such as the Native American Church, are still protected in their use of certain substances.

In 1970, the federal government passed the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allowed the United States Attorney General to add drugs to the schedules as necessary.

War On Drugs Declared

On June 17, 1971, President Richard Nixon officially declared the War on Drugs, telling Congress that drug addiction had become a “national emergency” and that drug abuse was “public enemy number one”.

Drug Enforcement Agency (DEA) Formed

By 1973, the Nixon administration founded the Drug Enforcement Agency (DEA). President Ronald Regan's administration brought forth the 1986 Anti-Drug Abuse Act which granted $1.7 billion for law enforcement to fight the War on Drugs and established further mandatory minimum sentencing for drug offenders.

War On Drugs Failed But Does Not End

Over the past decades, the "war on drugs" has failed to end substance abuse. It has however succeeded in punishing and imprisoning many Americans who might otherwise lead productive lives. A felony conviction, even for a minor drug offense, may greatly impede a person's attempts to return to the job market. Rarely, if ever, does a defendant get off lightly without the benefit of an experienced criminal defense attorney.

Legislation Turns On Marijuana

The first legislation regulating marijuana was passed in 1906 with the establishment of the Pure Food and Drug Act. But in 1970, the Federal government banned marijuana with the passage of the Controlled Substance Act, which classified it as a Schedule 1 drug. Then in 1996, California passed the Compassionate Use Act.

Other States Legalize Marijuana, But Not Wisconsin

As of April 2025, more than half of the states in the United States have legalized the purchase and consumption of marijuana.

According to DISA Global Solutions, marijuana is legal for medical and recreational purchase and consumption in Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, Washington, and Washington D.C.

According to DISA Global Solutions, Alabama, Arkansas, Florida, Louisiana, Mississippi, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Dakota, Utah, and West Virginia have legalized marijuana for only medical purchase and consumption.

Marijuana is illegal for any purpose in Idaho, Kansas, South Carolina, and Wyoming.

Wisconsin has not legalized marijuana.

Effects Of Marijuana Sales

Taxing the sale of marijuana has had dramatic effects on those states which have embraced it as a commercial product.

Colorado legalizes & taxes marijuana

Colorado legalized marijuana for recreational use in December 2012, following the passage of Amendment 64 by voters on November 6, 2012. Retail sales of recreational marijuana began in January 2014 (Cannabis. Colorado.gov). Colorado has generated over $2.3 billion in adult-use cannabis taxes since 2014. At least $746.7 million of the revenue has been dedicated to improving Colorado's public school system (Marijuana Policy Project, mpp.org).

Michigan legalizes Marijuana

Michigan voters legalized recreational marijuana on November 6, 2018. The law, Proposal 1, passed with a 56-44 margin, making Michigan the tenth state to legalize cannabis for recreational use. State-licensed sales of recreational cannabis began in December 2019.

For the 2024 state fiscal year, there was more than $331 million available for distribution from the Marijuana Regulation Fund. Revenue from the state's 10% adult-use marijuana excise tax and other fees go into the fund. State law outlines how much is distributed to local entities, tribes, schools, roads and bridges. (Michigan.gov).

Wisconsin On Marijuana Legalization

Wisconsin Republicans have prevented most proposed marijuana leniency laws from being voted upon in the Assembly or Senate. Governor Tony Evers has proposed legalizing marijuana.

Human Rights Watch

According to Human Rights Watch (HRW), which monitors crime and punishment in the United States and around the world, the great majority of drug offenders incarcerated under mandatory sentencing laws are nonviolent men and women. Although most of these people were convicted of low-level drug-related offenses, they may have been sentenced to spend years in prison. "Whether repeat or first-time offenders," notes a HRW report, "whether convicted of possession, sale, possession with intent to sell or attempted sale, most of these offenders are guilty of minor crimes for which they should be held accountable - but for whom prison is a misguided sentence."

Wisconsin Criminal Defense Lawyer

Attorney Mike Rudolph defends people accused of Felony and Misdemeanor Offenses, including: Drug Possession, Drug Trafficking, Keeping A Drug House, Manufacturing Drugs, Distributing Drugs, Delivery Drugs, Prescription Drug Abuse, ordinance violations, a non-criminal first offense drunk driving (OWI), misdemeanor OWI, drunk driving test refusal, 2nd, 3rd, 4th, 5th OWI charges, Battery, Disorderly Conduct, Domestic Abuse, Injunctions, Criminal Injunctions, Burglary, Embezzlement, Felon in Possession of Firearms, Forgery, Fraud, Vehicular Homicide OWI, Robbery, Theft Crimes, and serious Traffic Offenses.

Criminal Investigations, Charges, Arrests

Criminal defense lawyer, Attorney Mike Rudolph, helps people if they are under investigation for drug offenses, if they have been arrested for drug offenses, or if they have already been charged in Wisconsin, particularly in the Appleton area, and the surrounding counties of Outagamie, Winnebago, Brown, and Waupaca.

Call Rudolph Law Today!

For legal advise you can trust, please call Attorney Mike Rudolph directly at 920-730-8533 for a free but professional first-impression analysis of your case.