Wisconsin Heroin Laws

Wisconsin's drug laws follow the federal Controlled Substances Act. This law categorizes every type of drug and pharmaceutical according to its effects, medical use, and likelihood of abuse. Schedule I drugs are those with no known medical uses and a high likelihood of abuse. These drugs include LSD and heroin.

Heroin is illegal in all 50 states. The opioid epidemic, which has devastated the nation, has caused states to crack down harshly on all forms of unlawful narcotics. Some types of opiates, such as morphine and codeine, are Schedule II because of their medical uses.

If you've been arrested for drug possession in Wisconsin, even if it's your first offense, you need the advice of a criminal defense attorney who understands Wisconsin's complex drug laws. Understanding those laws can help.

Wisconsin Heroin Charges

Heroin is a Schedule I substance in Wisconsin. Schedule I covers drugs with no accepted medical use and a high risk of abuse or dependency.

Under Wisconsin statutes, first-time possession of some Schedule I or Schedule II drugs may be a misdemeanor. Cocaine, methamphetamine, and marijuana all qualify for misdemeanor charges for first offenses. However, heroin does not.

Simple possession of heroin for personal use with no intent to sell or distribute is a Class I felony. You can receive a sentence of up to 3.5 years in prison, a fine of up to $10,000, or both.

Possession for Sale or Distribution

Possession with intent to distribute is a more serious charge with severe penalties. Authorities might bring a charge of possession with intent if they find:

• Large quantities of drugs

• Weighing and packaging items, such as baggies or scales

• Large amounts of cash (along with drugs)

Possession of heroin with intent to distribute is a felony in Wisconsin. The felony class and penalties vary by the amount of drugs found in a person's possession.

Possession of Drug Paraphernalia

Drug paraphernalia includes almost any item if used with illegal drugs (including bowls, spoons, or scales). The statute excludes hypodermic needles and tobacco-smoking items.

Possession of drug paraphernalia is a misdemeanor, except for equipment used to manufacture methamphetamine, which is a Class H felony.

Police may use drug paraphernalia charges as probable cause for vehicle searches or add-ons to DUI or OWI charges.

Operating While Intoxicated (OWI)

Wisconsin's operating while intoxicated (OWI) law means that law enforcement may stop anyone believed to be operating a vehicle under the influence of drugs or alcohol and order them to submit to a blood or urine test. Refusing a blood test can result in losing your driver's license and other charges.

Heroin Penalties in Wisconsin

Wisconsin has nine felony classes, from Class A (the most serious, such as 1st-degree intentional homicide) to Class I (the least serious, such as possession of marijuana with intent to sell). Felony penalties in Wisconsin range from three and a half years to life in prison and fines between $10,000 and $100,000.

The table below summarizes Wisconsin's penalties for criminal heroin charges.

All first-time offenders can request conditional discharge if they have no arrest record in the United States for a drug-related offense. Wisconsin's conditional discharge puts offenders on probation with certain terms and conditions. Once the defendant completes the terms, the judge dismisses the charges. Terms can include drug testing, rehabilitation, and other requirements the judge sees fit. An offender may only have one conditional discharge.

Sentencing for subsequent offenses depends on the purpose of the offense and the amount of illegal drug possessed by weight.

Get Legal Advice from a Wisconsin Criminal Defense Attorney

State and federal laws constantly change regarding drug possession. For second offenses, you're still looking at years in prison. If you're facing drug crime charges and need legal advice, contact an experienced Wisconsin drug crime attorney for help.