Little-Known Facts About Wisconsin Drug Laws

Our nation’s drug laws are complex and varied. Federal and state crimes may differ and, in some cases, you may be charged with a crime even if you don’t actually have any drugs in your possession. Here’s a look at some little known facts about Wisconsin drug laws.

6 Surprising Facts About Wisconsin Drug Laws

1. Weight Includes More Than Just The Drug. In Wisconsin, drug charges and the penalties assessed are based on the amount of drugs you have in your possession. The amount is determined by weight, but weight includes more than just the drug itself. It can also include “any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance.” In the case of marijuana, for example, weight may include stems, roots, dirt, and water weight. This added weight can lead to inflated sentencing because it appears as if you had more drugs in your possession than you really did.
2. Even Having Drug Paraphernalia In Your Possession Can Lead To Jail. Wisconsin drug laws don’t just target the drug, but also drug paraphernalia by making it illegal to “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.” All a prosecutor has to do is prove that you planned to use the paraphernalia for its intended purpose for you to be fined and possibly send to jail.
3. You May Lose Your Driver’s License. Almost all WI drug charges can lead to a loss of your driver’s license, even if the drug charges were not the result of an OWI or traffic stop. This penalty is determined by the judge; sometimes it is imposed, sometimes it isn’t. If it is imposed, you may have an especially difficult time trying to rebuild your life after drug charges since you most likely need a license to get to and from work or school.
4. Your Property And Assets May Be Confiscated. Wisconsin’s civil asset forfeiture law allows police to confiscate your property and assets even if they are only loosely connected to illegal activity. You could lose your bail money, cars or your home even if you are not convicted!
5. “Possession” Has A Wide Definition. Under Wisconsin drug laws, you can be charged with “possession” even if you don’t have any drugs on your physical person at the time of arrest. Having drugs in your house, car, or even within your reach is enough to warrant possession charges. The drugs don’t even have to be yours to be charged with possession.
6. Even A First Offense Can Result In Prison. Different drugs carry different penalties in Wisconsin. For example, marijuana is still illegal in the state and first offenses for possession are considered a misdemeanor, which can result in up to 6 months of jailtime. First offenses for harder drugs range from misdemeanors to felonies, depending on the drug, and fines and penalties increase for secondary and subsequent offenses.

Wisconsin Drug Law Complexity Requires Help From A Criminal Defense Attorney

Drug sentencing is affected by the drug you are charged with, the actions of law enforcement, the judge who hears your case, and even the county in which you are charged. Nothing about fighting drug charges in Wisconsin is simple. Don’t go it alone. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison for help and representation as soon as you’ve been charged.

We offer free consultations so you can tell us your side of the story and we’ll tell you if we can help you. Contact our team to schedule your free consultation by calling 608-200-3698 or emailing Info@eisenberglaw.org.]]>