In Wisconsin, not only is it illegal to use, possess, or sell controlled substances. These same acts are prohibited with drug paraphernalia. Even delivering or advertising items that are used or designed primarily for activities with illicit drugs is an offense. People who get drug paraphernalia charges may not be destined for conviction, however, because Wisconsin law provides substantial opportunity for defense.
Not Paraphernalia
Wisconsin law does not allow objects that are used for intravenous injection, such a hypodermic needles, to be classified as drug paraphernalia. The law also excludes items that are primarily designed for use with tobacco products from being labeled this way.
Opportunities for Defense
Even if you are caught with an item that is not specifically excluded, the law requires authorities to consider a number of things when deciding whether or not an item is or is not drug paraphernalia. To begin with, authorities are required to take the statements of the person who owns the object into consideration.
Whether or not the item is found with or near drugs and if it contains any residue can have an impact on your drug paraphernalia charge. If you did not receive other drug charges, it may help your case to note that.
Another point that can be used for defense is the requirement that authorities consider the instructions, whether oral or written, and the descriptive information, such as the package or informational insert, that accompanies an item.
Talk to a Defense Attorney
The penalties for drug paraphernalia depends upon the charges. The most severe punishment is nine months incarceration and a $10,000 fine in addition to a having a Class G felony listed on your criminal record. Considering that a skilled defense strategy can help you to use the law to your advantage, it's best to contact a defense attorney immediately if you have a drug paraphernalia charge.
