Wisconsin Cocaine Laws

Wisconsin drug laws mirror other states' laws and follow the Uniform Controlled Substances Act (CSA). The CSA is a federal law that categorizes or "schedules" drugs according to what they do, how addictive they are, and whether they have any known medical use.

Like most states, Wisconsin has its own sentencing guidelines for possession of cocaine. Cocaine may be a misdemeanor or a felony, depending on the circumstances of the arrest.

Cocaine Charges in Wisconsin

Cocaine is a Schedule II controlled substance in Wisconsin. "Crack" cocaine differs from "powder" cocaine only in the way it is prepared and used. The Fair Sentencing Act of 2010 eliminated the 100:1 sentencing disparity that existed for many years between the two types of drugs.

Despite its high potential for abuse, cocaine has many recognized medical uses. Cocaine and coca derivatives are still used as topical anesthetics for eye and ear surgery. However, cocaine possession for recreational use is illegal in every state.

Cocaine Possession

Drug possession may not be an automatic felony charge. Wisconsin law allows a first-time defendant to ask for a conditional discharge. If the amount of cocaine was less than one gram and this is your first offense, the judge can suspend sentencing. However, you'll have to complete probation and other requirements, such as therapy or rehab. Then, the possession charges are dismissed.

For subsequent offenses and possession with intent to distribute, sentences depend on the grams of cocaine in the offender's possession.

Possession of Drug Paraphernalia

In addition to simple possession of cocaine, you can also face criminal charges for having related items in your possession. Drug paraphernalia covers anything related to the use, storage, processing, or packaging of a controlled substance.

A few examples include:

• Bongs

• Pipes

• Scales

• Rolling papers

• Syringes

• Baggies

Even items that are normally found around a person's home can be viewed as drug paraphernalia under the circumstances. For example, if police find razor blades, spoons, or tin foil along with cocaine, you could face drug paraphernalia charges as well.

Possession of drug paraphernalia is a misdemeanor, punishable with a fine of $500 or 30 days in jail. However, possession of paraphernalia related to the use of methamphetamine increases the charge to a Class H felony.

Drug Trafficking

Wisconsin's criminal statutes outline multiple offenses related to drug trafficking, including:

• Maintaining a drug trafficking place

• Manufacture, distribution, or delivery of controlled substances

Manufacture, distribution, or delivery is pretty straightforward. It is illegal to produce, sell, or give away controlled substances like cocaine. But what does it mean to "maintain a drug trafficking place?"

A "drug trafficking place" can be a home, a store, a warehouse, or even a boat. If you own or "maintain" a piece of property and people are using, making, or distributing illegal drugs there, you could face charges if you knew what was going on.

Trafficking across state lines is a federal crime as well as a state crime. You could be looking at referrals for federal charges and extensive prison sentences for moving drugs out of or into Wisconsin.

Operating While Intoxicated (OWI)

Operating while intoxicated (OWI) is a traffic offense similar to a DWI or driving while intoxicated. Wisconsin laws include any narcotic or controlled substance, as well as alcohol.

Like DWI or DUI in other states, Wisconsin's OWI laws let law enforcement officers request a blood test if they believe you are under the influence of a controlled substance. The Wisconsin DMV may suspend your driver's license if you refuse.

Wisconsin Cocaine Penalties

The table below outlines the potential penalties for cocaine charges in Wisconsin. Most drug-related charges in the state are felonies, which come with severe penalties.

Get Legal Advice from a Wisconsin Criminal Defense Lawyer

If you're facing charges for possession of a controlled substance, a prison term is not likely to help things. Get legal advice from a Wisconsin criminal defense attorney who can guide you through your drug case. They can help to challenge the search that led to your arrest, protect your constitutional rights, and advocate for you before the judge.