Possession With the Intent to Deliver a Controlled Substance.

Section 961.41(1m) makes it a Felony to possess an illegal drug with the intent to deliver it to another person.  Many people make the mistake assuming that this statute only covers the intent to sell the drug.  That is not the case.  If you tell the police that you were holding a drug to give it back to its owner, that is telling the police that you intended to deliver the drug to someone else.  Never talk to the police.

The government would need to prove a few things in order to convict on a Possession with the Intent to Deliver a Controlled Substance contrary to sec. 961.41(1m):

  • Like in the simple Possession of a Controlled Substance charge, the Defendant possessed an illegal controlled substance.
  • That the substance was a Controlled Substance, or an Illegal Drug.
  • The Defendant knew or believed that the Substance was an Illegal Drug.
  • The Defendant Intended to Deliver the Substance to someone else.  Again, this doesn’t mean that the Defendant necessarily intended to sell the substance, though this is the typical allegation made by law enforcement.

Many factors come into play when a district attorney in the State of Wisconsin makes a charging decision on a controlled substance arrest.  The amount, or weight of the substance; the manner in which a substance is packaged (one package of a quarter ounce of marijuana is likely to be charged as simple possession, while 7 separately packaged gram bags would probably be charged as Possession with Intent to Deliver; and the amount of cash money that a Defendant possesses all come into play.

Contact the Jeff Purnell Law firm in Milwaukee, WI today for a FREE Consultation about your Drug Possession and Intent to Deliver Charge.

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