drugs crimes
wisconsin
Under Wisconsin law, convictions for drug-related offenses generally mirror Federal law, but some penalties are more severe, and some less severe.
possession
Possession can be physical or a legal technicality. Possession is defined by law as existing when a person has an item within their body, on their person or within their immediate surroundings. Possession can be extended to the home of a person, such as if a controlled substance is hidden in an alcove in a hallway of the home of the person. Possession can also extend to personal property, such as if a controlled substance is kept in a car titled and licensed to the alleged defendant.
In any case involving the prosecution of a person accused of possessing a controlled substance, possession will become a matter of contention if there is any question as to whether the alleged defendant actually possessed the drug or drugs; necessarily, then, possession often is part and parcel to the defense attorney's case.
intent to sell or distribute
An intent to sell drugs or distribute drugs to another person is an element of the criminal charge to be proven by the state's prosecutor in a drug case alleging that the defendant possessed a controlled substance and intended to distribute it to another person, whether by trade, sale or gift.
An intent to do some act prohibited by law necessarily requires that the alleged defendant have the capacity to complete the act. For example, if it can be shown that the very possession of a controlled substance did not exist, then the necessary intent to sell or distribute that controlled substance may not exist.
manufacturing - manufacture of drugs
The manufacturing, delivery or distribution of a controlled substance within the boundaries of the State of Wisconsin is prohibited by both Wisconsin State drug laws and Federal drug laws.
counterfeit drugs
Wisconsin law prohibits the manufacture, sale or distribution of counterfeit drugs.
prescription drug possession
Under Wisconsin laws, the only person legally authorized to possess a prescription drug is the person for whom the prescription was written, unless another person is authorized to possess the prescription drug.
purchase of pseudoephedrine products
Under Wisconsin laws, it is illegal to purchase more than 7.5 grams of pseudoephedrine contained in pseudoephedrine products within a 30-day period from any place other than a pharmacy or from a pharmacist. A violation of the pseudoephedrine restricting law is a Class I Felony offense. The law does not apply to a purchase by a medical physician, a dentist, a veterinarian or a pharmacist, nor does it apply to purchases authorized by a doctor, dentist or veterinarian.
speak with an attorney today
If you are under investigation for a crime related to a controlled substance offense, if you have already been arrest for a drug offense, or if you have been convicted of a controlled substance crime, please call (608-284-1200 or 1-888-663-8163) or e-mail (e-mail Van Wagner & Wood) the attorneys at Van Wagner & Wood for a brief but professional free "first-impression" analysis of your case.
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