The state of Wisconsin treats drug crimes very seriously. While drug distribution or trafficking can result in lengthy jail sentences or extensive fines, simply being in possession of an illegal drug (known as a controlled substance) can also lead to severe punishments. Those who are facing drug charges for possession should be sure to understand how Wisconsin laws affect them.

Penalties for Drug Possession

Under Wisconsin law, it is illegal to possess or attempt to possess a controlled substance, unless a person has a valid prescription or is legally authorized to possess the drug in question. Controlled substances are grouped into different “schedules” depending on their potential for abuse and their accepted use for medical treatment.

Being arrested and charged with a crime is a serious matter for any person; however criminal charges are especially concerning for juvenile and young offenders and their families. Wisconsin’s juvenile justice system is complex. Therefore, it is important to understand the consequences that minors may face, especially if the charges are serious enough for the juvenile to be charged as an adult and what defense options exist.

Wisconsin Laws and Policies

Prior to 1996, all juvenile court cases were handled pursuant to the provisions of Chap. 48, Wis. Stats. Since that time, juvenile delinquency cases are handled under Chap. 938, Wis. Stats. and Child in Need of Protection and Services (CHIPS) cases under Chap. 48. The so-called “reforms” enacted in 1996 harshly criminalized Wisconsin juvenile law, e.g., carved out an age group of children (17 year olds), who are now always prosecuted and punished as adults, lowered the delinquency age to 10 years old, and allowed for automatic waiver of children to adult court depending on the type of felonies they are charged with. Most children 10 years and older who face charges of violating the criminal law will be tried in juvenile court if they are under the age of 17. However, there are a number of situations in which a minor may be charged as an adult. These include:

by Ray Dall’Osto & Steven McGaver

While criminal charges can result in serious consequences, those who are arrested and charged with drug crimes, particularly those involving opioids and distribution, will face zealous prosecution and a significantly greater risk of incarceration. Charges related to the possession of controlled substances are serious, but accusations of drug trafficking (sale and/or distribution, possession with intent to deliver and manufacturing) are more likely to result in severe punishment, as well as a felony record. Those facing drug charges should make sure they understand the nature of the charges and their options for defense.

Drug Crime Statistics

If the State issues charges against you for drug paraphernalia, you may wonder how severe of consequences you face, especially if police did not find drugs on your person. Wisconsin law typically considers possession of drug paraphernalia a misdemeanor. Although a misdemeanor is not considered as serious as a felony charge,, you may still face jail time and any conviction could have consequences for you later in life. Further, Wisconsin classifies any drug paraphernalia possession that relates to methamphetamine use as a felony.

It is critical that you fight a charge of drug paraphernalia possession. Convictions like these can follow people as they attempt to get employment, housing, or an education. If you have other convictions on your record, a drug paraphernalia conviction could be used to show that you have a history of disregarding the law.

Hiring an experienced Milwaukee criminal attorney will help you understand your options, including seeking drug treatment or another program that may mitigate the charges you face.

by Jason Luczak and Steve McGaver

Alcohol and drug use by teenagers and young adults under age 21 is prevalent in Wisconsin. This conduct can have serious legal consequences, e.g., detectable levels while driving a motor vehicle; if arrested at a party that is raided; where firearms or fighting is involved; or controlled substances that are shared with a friend, who subsequently dies.

Recent Statistics on Alcohol and Drug Use