Possession of a Controlled Substance in Wisconsin

All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for illegal possession. Wisconsin classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

This article discusses the illegal possession of CDS for personal use only. Illegally making or selling CDS carries different penalties. For more information on illegal CDS manufacture and sale, see Sale of Controlled Substances in Wisconsin.

Also, while marijuana is considered a CDS, this article does not cover Wisconsin’s marijuana possession and sale laws. To learn more about that topic, see Wisconsin Marijuana Laws.

How Wisconsin Classifies CDS

Wisconsin divides CDS into five “Schedules”. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.

If you’ve been arrested for illegal CDS possession, you’ll need to consult the Wisconsin Code that lists precisely which drugs fit into each group. Go to the statute (Wis. Stat. Ann. § 961.14, -.16, -.18, -.20, & -.22) and find the substance you're charged with possessing -- it will be listed under one of the five schedules.

Penalties for Possessing CDS

It is illegal in Wisconsin to possess CDS without a valid medical prescription. Penalties vary according to the type and amount of CDS involved in the violation. (Wis. Stat. Ann. § 961.41(3g).)

Schedule I and II narcotic CDS

Possessing a Schedule I or II narcotic CDS is a class I felony. Penalties include a fine of $10,000 three years and six months in prison; or both.

Other Schedule I, and II CDS, and Schedule III, IV, and V CDS

Possessing all other Schedule I or II CDS, or a Schedule III, IV, or V CDS is a misdemeanor. Penalties include a fine of between $500 and $10,000, between 30 days and nine months in jail, or both.

Other CDS

For the following CDS, penalties usually include a fine of $10,000 three years and six months in prison; or both.

• cocaine
• hallucinogenic CDS
• stimulant CDS
• gamma-hydroxybutric acid (GHB), and related CDS
• ketamine
• flunitrazepam, and
• methamphetamine and precursors (such as ephedrine)

Offenses Near a School or Other Drug-Free Zone

Offenses that take place on a school bus, or on or within 1,000 feet of the following drug-free zones incur 100 community service hours on top of the penalties applicable to the underlying crime. (Wis. Stat. Ann. § 961.495.)

• public parks
• jails or correctional facilities
• public housing
• public swimming pool
• youth or community center
• tribal schools or property, and
• a drug treatment facility

Talk to an Attorney

CDS possession convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.