Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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While Milwaukee may never have the same reputation as Miami in its heyday, cocaine, in both powdered form and as crack, is the first or second-most heavily trafficked illegal drug in the Badger State today. Primarily based on the increased violence surrounding cocaine manufacturing, trafficking, and use, Wisconsin authorities continue to crack down heavily on both sale and possession of cocaine. This is a brief overview of cocaine laws in Wisconsin.
The possession, sale, or trafficking of cocaine is a felony crime in just about every state. Possession of any amount of the drug can lead to a year in prison and/or a $5,000, while cocaine sales could result in 40 years in prison and a $100,000 fine in Wisconsin. Similar to other states’ cocaine laws, Wisconsin statutes increase in severity depending on the amount involved, and whether the defendant has prior offenses.
Wisconsin's cocaine laws, with charges and penalties, are listed below.
Code Section |
§961.41 et seq. |
Possession |
Possession or attempt to possess: 1 yr. and/or up to $5000 in county jail; Subsequent offense: class I felony |
Sale |
Less than 1 g.: class G felony; 1-5 g.: class F felony; 5-15 g.: class E felony; 15-40 g.: class D felony; over 40 g.: class C felony; Sale within 1000 ft. of school: mandatory 3 yrs. without parole |
Trafficking |
- |
Cocaine is regulated at the federal level as well as by state laws. As a schedule I drug, federal narcotics laws prohibit simple cocaine possession all the way up to manufacturing and trafficking and distribution. The penalties for cocaine possession or sale can be severe and will vary depending on whether you have prior drug convictions and the quantity of drugs involved. However, some jurisdictions have recently initiated specialized “drug courts” that can allow first or second-time defendants to commit to drug treatment programs in lieu of lengthy jail sentences.
Social attitudes regarding drugs, and the laws that reflect them, are constantly changing. If you would like legal help regarding a drug case or in understanding local drug laws, you can contact a Wisconsin drug crime attorney. You can also visit FindLaw's Drug Charges section for additional resources and information on this topic. If you think you or someone you know has a drug addiction or a substance abuse problem, Wisconsin's Department of Health Services has online, phone, and in-person resources that may help.
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