Possession of a Controlled Substance Charge
The most basic Drug Charge in Wisconsin is the charge of Possession of a Controlled Substance. The nature of the charge, Misdemeanor or Felony depends upon the type of drug and the number of convictions that a Defendant has had in the past. A simple first offense possession of marijuana is typically charged as a misdemeanor and could carry a maximum penalty of 6 months in jail (with work release) and a $1,000 dollar fine. However, many county District Attorneys now charge a second simple marijuana possession as a Felony. Depending on the amount, charges for cocaine, heroin and other drugs could be more serious.
In order to be convicted of Possession of a Controlled Substance contrary to section 961.41(1)(3g) Wis. Stats., the State would need to prove the following:
- The Defendant possessed a substance.
- The substance was an illegal “controlled substance”.
- The Defendant knew or believed that the substance was an illegal substance and prohibited by law.
- Possession may be shared with other people. And the Defendant does not need to actually “own” the substance to possess it for the purpose of this law.