Can Drug Possession Charges Be Reduced to a Misdemeanor?

 Posted on September 18, 2025 in Drug Charges

A felony drug possession charge carries heavy penalties with sometimes long-lasting consequences. A misdemeanor may still carry penalties, but it is far less damaging than a felony. A felony drug possession charge can bring serious penalties and long-lasting consequences that may affect your job, housing, and future opportunities.

Thankfully, in some cases, felony drug charges can be reduced to misdemeanors. Whether that is possible depends on the type and quantity of drug, your criminal history, and the details of your arrest. An experienced Muskego, WI drug charges defense lawyer will fight to reduce your charges and protect your rights.

Understanding Drug Possession Charges in Wisconsin

Under § 961.41(3g) of the Uniform Controlled Substances Act, it is illegal to have a controlled substance without a valid prescription. These drugs are grouped into "schedules." Schedule I drugs, such as heroin and LSD, are seen as the most dangerous. Schedule V drugs, like some cough syrups with codeine, are considered the least so.

Additionally, possession charges generally fall into two categories. The first is simple possession, which involves having a small amount of a controlled substance for personal use. The second is possession with intent to deliver. This often involves larger amounts or evidence that suggests plans to distribute. Simple possession is the charge most likely to be reduced, while cases involving intent to deliver are much harder to negotiate down.

What Makes a Charge a Felony vs. a Misdemeanor in Wisconsin?

Whether a possession charge is treated as a felony or a misdemeanor depends on several key factors:

• Type of drug: Possession of marijuana for the first time is generally a misdemeanor under § 961.41(3g)(e). This can carry up to six months in jail and a fine of up to $1,000. A second marijuana offense, however, is automatically a felony. Harder drugs such as cocaine, methamphetamine, or heroin can trigger felony charges even for a first offense.

• Amount of drug: Smaller quantities may support a misdemeanor charge, while larger amounts can raise the case to a felony. For example, possession of a controlled substance without a prescription may be charged as a misdemeanor for a small amount. However, larger quantities can suggest an intent to distribute, increasing the charge to a felony.

• Criminal history: Someone with prior drug convictions is less likely to see a reduction. For example, a repeat marijuana arrest is treated as a felony regardless of the quantity.

• Circumstances of the arrest: If drugs are found near a school, if a gun is present, or if other serious factors are involved, prosecutors are more likely to file felony charges instead of misdemeanors.

Legal Pathways To Reducing a Drug Possession Charge in Wisconsin

Even if you are charged with a felony, there are several legal pathways that may reduce the charge to a misdemeanor or even lead to dismissal. Prosecutors may lower charges through a plea deal, especially if the case involves a small amount of drugs and no serious factors. Another option for some first-time offenders in Wisconsin is a deferred prosecution agreement. In this program, charges are paused while you complete things like treatment, counseling, or community service. If the conditions are met, the charges may be reduced or dropped altogether.

Some counties also offer drug treatment courts, which focus on rehabilitation instead of punishment. Completing one of these programs can result in a reduction of charges. In addition, your attorney may be able to challenge the evidence itself. If the drugs were found during an illegal search, if officers lacked probable cause, or if the chain of custody was broken, key evidence could be suppressed. Without strong evidence, prosecutors may have no choice but to reduce or dismiss the case.

When It Is Not Likely for a Drug Possession Charge to Be Reduced

Cases with large amounts of drugs, especially Schedule I or II substances like heroin, fentanyl, or meth, are treated very seriously in Wisconsin. Prosecutors are also less likely to reduce charges if there is evidence the drugs were meant to be sold and not just for personal use.

Defendants with prior convictions face additional challenges. A history of drug-related offenses makes it much harder to argue for leniency, and prosecutors may push for harsher penalties if you have a history of violations. Finally, aggravating factors, such as carrying weapons with the drugs, further decrease the likelihood of getting charges reduced.

How Can a Wisconsin Lawyer Help You Reduce a Drug Possession Charge?

Having an experienced Wisconsin defense lawyer on your side can make a big difference when facing drug possession charges. A lawyer will look closely at the details of your arrest to see if your rights were violated, such as through an illegal search or lack of probable cause. They can talk directly with prosecutors to work out plea deals or programs that might lower the charge to a misdemeanor. A lawyer can also point out helpful factors, like having no past record, steady work, or being willing to get treatment. With their knowledge of local courts and prosecutors, they can create a defense plan that fits your situation.

Contact a Waukesha, WI Drug Possession Charge Defense Attorney

If you are facing drug possession charges in Wisconsin, you risk severe consequences without an attorney. The right defense strategy can make it possible to reduce a felony charge to a misdemeanor or avoid conviction altogether.

At Bucher, Wolff & Sonderhouse, LLP, our team is dedicated to protecting your rights, and we are available 24/7 because legal problems can happen at any time. We have handled many drug possession cases across Wisconsin courts. In one case, a client facing nine felony charges ended up with only probation. That outcome was possible because of careful preparation, strong advocacy, and relentless attention to detail.

For strong representation, call our Muskego, WI drug possession defense lawyers. Our team understands how serious these cases are and will fight to protect your future and your freedom. Call us at 262-232-6699 today to schedule a free consultation and learn how we can help.