Manufacturing, distributing, delivering drugs

Wisconsin Drug Laws

Wisconsin laws are tough on drug crimes. Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges can be terrifying and carry the risk of serious penalties upon conviction. The more serious charges, of course, can give rise to even graver consequences, including the loss of your freedom and liberty.

Under Wisconsin laws, the most frequently charged drug crimes include possession, possession with the intent to deliver, delivery of a controlled substance, manufacturing drugs, and maintaining a drug dwelling. These crimes range in severity from Misdemeanor to Felony offenses.

Definitions

Wisconsin Statutes define "Controlled Substance or Analog" as provided below.

A "controlled substance" means a drug, substance or immediate precursor included in the Wisconsin drug Schedule I through Schedule V, which is in substantial conformity to the Federal drug schedules.

“Controlled substance analog” means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:

• which has a stimulant, depressant, narcotic, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic, or hallucinogenic effect on the central nervous system of a controlled substance included in Wisconsin's drug schedule I or II, or
• with respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic, or hallucinogenic effect on the central nervous system of a controlled substance included in Wisconsin's drug schedule I or II
• See Wisconsin Statutes, 961.01 et seq.

Manufacturing Drugs

“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. (Wisconsin Statutes 961.01(13)).

“Production”, unless the context otherwise requires, includes the manufacturing of a controlled substance or controlled substance analog and the planting, cultivating, growing or harvesting of a plant from which a controlled substance or controlled substance analog is derived. (Wisconsin Statutes 961.01(20)).

“Manufacture” does not mean to prepare, compound, package, repackage, label or relabel or the preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance: 

• By a practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of the practitioner’s professional practice; or
• By a practitioner, or by the practitioner’s authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

Distributing Drugs, Possession with intent to distribute

Possession of a controlled substance with the intent to distribute is a Felony in Wisconsin. The severity of the Felony depends upon the type of drug and the amount of that drug in possession. The consequences will be affected by the individual's previous criminal history.

Delivering Drugs

"Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance or controlled substance analog.

Conspiracy Drug Charges

Drug charges may include conspiracy charges. Generally, in large distribution schemes, more people are linked in the prosecution to encourage one defendant to turn evidence against another, or allow the prosecution to choose their venue (the jurisdiction under which they charge the alleged defendant and ultimately try the case - one or many Federal courts or Wisconsin state courts).

Party to a crime

A person can be charged as a party to a crime if he or she commits a crime, helps someone commit it, goes along with someone else committing it, or hires someone else to commit it.

Federal & Wisconsin drug charges

Both Wisconsin and Federal laws prohibit possession, possession with the intent to deliver, delivery of a controlled substance, manufacturing drugs, trafficking drugs, and maintaining a drug dwelling, as well as fraudulently acquiring prescriptions. Drug convictions usually result in harsh fines and prison sentences (see Wisconsin Drug Schedules).

A person may be investigated by, charged by, and tried by both the Federal government and the state of Wisconsin for the same crime or crimes without being placed into double jeopardy. If both Federal and Wisconsin state charges are brought, the trials will be held consecutively. As well, if convicted of both Federal and Wisconsin state crimes, any resulting sentences would run consecutively (one sentence after the other), not consecutively (at the same time).

Drug Conviction Penalties

Wisconsin laws provide severe penalties for any drug related conviction.

Drug Penalties With Minors Involved

Wisconsin's potential penalties are more severe (enhanced) if a minor is involved in any drug related offense.

Wisconsin Schedules

Wisconsin's most severe legal restrictions and penalties involve Schedule I and II drugs. Charges range from misdemeanor offenses to Felony offenses. Sentences to punish the convicted person may include hefty fines, jail time, prison time, and treatment programs. Wisconsin's drug laws mirror the federal laws, but the penalties differ; some are less harsh and more flexible under the state's sentencing schemes than under the Federal sentencing guidelines, while others are more severe.

• Manufacturing, distribution, or delivery of Schedule I or Schedule II narcotic drugs or controlled substance analogs is a Class E Felony, unless the substance is Heroin or Fentanyl. Possession with intent to manufacture, distribute, or deliver also carries a Class E Felony.
• If the substance is Heroin or an analog of Heroin, and if the amount is three grams or less, then a Class F Felony may be charged, if more than 3 grams but not more than 10 grams, then a Class E Felony, if more than 10 grams but not more than 50 grams, then a Class D Felony, and if more than 50 grams, then a Class C Felony.
• If the substance is Fentanyl and if the amount is 10 grams or less, the charge is a Class E Felony, if more than 10 grams but not more than 50 grams, then a Class D Felony, and if more than 50 grams, then a Class C Felony.
• Manufacturing, distribution, or delivery of Schedule I, Schedule II, or Schedule III non-narcotic drugs or controlled substance analogs is a Class H Felony with certain exceptions. Intent to manufacture, distribute, or deliver also carries a Class H Felony.
• If the substance is cocaine or cocaine base or an analog, and the amount is one gram or less, the person may be charged with a Class G Felony, if more than one gram but not more than 5 grams, then a Class E Felony, if more than 15 grams but not more than 40 grams, then a Class D Felony, and if more than 40 grams then a Class C Felony.

Drug Convicted Imprisoned

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 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."

Drug Offense - Under Investigation or Charged?

If you are under investigation for a drug related crime, if you have already been arrested for a drug crime, or if you have been charged with a drug offense, remember: you have a right to remain silent, to ask for an attorney, to consult with your attorney, and to have your attorney present during all questioning.

Call Attorney Mike Rudolph at 920-730-8533 for a free first-impression analyst of your case with no obligation on your part. While there are no guarantees, it may help to know that Attorney Rudolph has been able to help many people avoid very severe drug related penalties.

Wisconsin Criminal Defense Lawyer

Attorney Mike Rudolph defends people accused of 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, Drug Possession, Drug Trafficking, Keeping A Drug House, Manufacturing Drugs, Distributing Drugs, Delivery Drugs, Prescription Drug 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

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