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.

Contact Jeff Purnell Law Firm for a FREE Consultation of your Possession of a Controlled Substance Charge.

Contact Jeff Purnell Law Office in Milwaukee, WI for a FREE Consultation