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 Wisconsin Drug Charges
Drug manufacture, drug possession, drug paraphernalia
Index
Overview Under Wisconsin law the penalties for drug offenses are severe and may include lengthy incarceration as well as significant fines. In fact, Wisconsin now has "Truth in Sentencing" which means that the sentence that is given upon a conviction or plea of guilty is the sentence that is served without any reduction for "good time." Drug charges range from the illegal manufacture of drugs to their sale, to simple possession. The penalties for drug crimes vary depending on the type of drug and the amount.
Discrimination in Enforcement
What is compelling is that the war on drugs has been waged overwhelmingly against black Americans. A report by the Human Rights Organization entitled , "Punishment and Prejudice: Racial Disparities in the War on Drugs," includes the first state-by-state analysis of the role of race and drugs in prison admissions. All of the 37 states Human Rights Watch studied send black drug offenders to prison at far higher rates than whites. Wisconsin is included among the ten states with the greatest racial disparity. In this state, black men are sent to prison on drug charges at 27 to 57 times the rate of white men.
Drug arrests have increased across the board over the past ten years. this is particularly true of crimes involving marijuana and met amphetamines. Marijuana arrests made by Wisconsin County Drug Task Forces statewide increased from 4,556 in 1994 to 7,100 in 1999. Seizures at the General Mitchell International Airport increased from 9 kilograms in 1997 to 230 kilograms in 1999.
State Crime Laboratory cases involving marijuana also increased from 1991 to 1999, from 1,000 to over 2,400. The numbers of seized drug samples submitted to the state crime laboratories for testing are indicators of the supply of drugs around the state.
CEASE Statistics, Wisconsin, 1993-1998
| |
1993 |
1994 |
1995 |
1996 |
1997 |
1998 |
| Total Arrests |
409 |
404 |
411 |
428 |
397 |
257 |
| Total Weapons Seized |
142 |
276 |
147 |
255 |
190 |
72 |
| Firearms |
116 |
234 |
131 |
184 |
184 |
64 |
| Boobytraps |
26 |
42 |
16 |
41 |
6 |
8 |
Source: Wisconsin Cannabis Enforcement and Suppression Effort, 1998.
Charges
961.41 Prohibited Manufacture, distribution or delivery. It is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog.
Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount manufactured, distributed or delivered is:
- Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years.
- More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
- More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 30 years.
- More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 45 years.
- More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount manufactured, distributed or delivered is:
- Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months.
- More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
- More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
- More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
- More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
- More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
Phencyclidine, amphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine or methcathinone is subject to the following penalties if the amount manufactured, distributed or delivered is:
- Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
- More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
- More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
- More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
- More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
- More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
Methamphetamine or a controlled substance analog of methamphetamine is subject to the following penalties if the amount manufactured, distributed or delivered is:
- Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months.
- More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
- More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
- More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
- More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
961.43 Prohibited Possession of Drugs.
It is unlawful for any person:
- To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
- Without authorization, to make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as:
- To make a counterfeit substance; or
- To duplicate substantially the physical appearance, form, package or label of a controlled substance.
Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both.
Counterfeit Drugs
Under Wisconsin Statutes 961.43 even possessing a counterfeit drug substance is a criminal offense and punishable by a fine not more than $30,000 or imprisoned not more than 6 years or both.
Legal Counsel
Maury D. Beaulier is an aggressive criminal defense lawyer who has won many drug related cases avoiding or significantly reducing sentences from the mandatory minimums.
Attorney Maury D. Beaulier serves clients statewide and in all federal courts.
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