The amount of drugs involved in an offense plays a key role in determining the charges and penalties. It’s important to understand how the amount of a controlled substance affects your case, as even small amounts can lead to serious charges.
Misdemeanor vs. felony charges
The amount of drugs found on you can mean the difference between a misdemeanor and a felony charge. The court often hands out a misdemeanor charge for possession of a small amount for personal use. However, if you have a larger quantity, prosecutors may assume you intended to sell or distribute the drugs, leading to felony charges.
Penalties for drug possession
If convicted of drug possession, the penalties vary based on the amount of drugs. A misdemeanor possession charge might result in fines up to $1,000 and up to six months in jail.
First-time marijuana possession can lead to up to a $1,000 fine and six months in jail. For drugs like cocaine, meth, or hallucinogens, a first-offense possession may result in fines of up to $5,000 and a year in jail. Felony charges for larger amounts of drugs, like cocaine or heroin, can lead to years in prison and fines over $10,000, depending on the drug and situation.
Intent to distribute
If the amount of drugs found suggests intent to distribute, the penalties increase dramatically. Wisconsin Statutes Section 961.41 treats drug distribution much more seriously than simple possession. Claiming drugs were for personal use can be tough with large quantities, as it often leads to serious charges. Penalties for intent to distribute vary by drug type and amount:
- Marijuana: If the amount is between 200 grams and 1,000 grams, the penalty can be up to six years in prison and a fine of up to $10,000.
- Cocaine or heroin: If the amount is between 1 and 5 grams, the penalty can be up to 12.5 years in prison and a fine of up to $25,000.
Understanding drug penalties
The severity of drug-related penalties in Wisconsin reflects the state’s strict approach to controlling substance offenses. Understanding the legal landscape is essential for navigating the potential outcomes of drug charges.
