For Wisconsin residents, drug charges can be very serious. Law enforcement officials in the state may investigate a person for a variety of offenses related to controlled substances, and a person who is convicted on these charges may be sentenced to serve time in prison, be required to pay large fines, or face other requirements, such as mandatory drug testing during a period of probation. While many of these cases involve accusations of drug possession, those who are accused of manufacturing controlled substances will likely face more serious charges. By understanding the offenses that may fall under the category of drug manufacturing and the potential penalties that may apply following a conviction, people facing these charges can determine their best options for defense.

Understanding Charges Related to Manufacturing Controlled Substances

Drug manufacturing generally involves the production or creation of illegal drugs. This can include making, growing, synthesizing, or processing controlled substances. For example, a person could be charged with drug manufacturing if they allegedly operated a meth lab in order to synthesize methamphetamines, and these charges may apply regardless of whether drugs were created for personal use or with the intent to sell or distribute them to others.

In addition to activities involving the production of drugs, manufacturing charges may also apply in cases where a person is accused of packaging or repackaging controlled substances. For example, if a person received a large quantity of a drug and then divided the substance into smaller portions and packaged or labeled it in individual containers, this could be considered drug manufacturing. In some cases, a drug possession offense may be elevated to drug manufacturing based on items found in a person's possession that could be used to package controlled substances, such as small baggies or scales that could be used to weigh quantities of drugs.

Marijuana is increasingly viewed as a non-harmful drug, and it has also been found to have numerous medical benefits. Many states allow for the medical use of marijuana, and some states have even taken steps to decriminalize or legalize the drug entirely, allowing people to purchase and use marijuana for recreational purposes. However, marijuana continues to be illegal in Wisconsin, and anyone who is accused of possessing the drug, including those who traveled to nearby states such as Illinois or Michigan to purchase marijuana legally, may face criminal charges. If you have been arrested and charged with marijuana possession, you will need to understand the potential penalties you may face if you are convicted, as well as the defense strategies that may be available to you.

What Is Considered Marijuana Possession?

In Wisconsin, marijuana is classified as a Schedule I controlled substance. Possession of marijuana is defined as having any amount of the drug on your person or in your control. This means that if a joint or small amount of marijuana was found on your person, in your home, or in your vehicle, and you are aware of its presence, this could be considered possession. If you are accused of possessing large amounts of marijuana, you could be charged with possession with intent to manufacture, distribute, or deliver, and you may face increased penalties.

When it comes to drug possession charges in Wisconsin, there are two types of possession that can lead to criminal prosecution: actual possession and constructive possession. The type of possession the prosecution chooses to allege will have an impact on what kind of defenses might be available to the defendant. Today, we will look at the differences between these two types of possession, as well as some possible defenses for each.

Actual Drug Possession

Actual drug possession is just what it sounds like—the drugs are found on the person who is charged with possession. This can be in the form of drugs being found in a person's pocket, purse, or even in their hand. If drugs are found in any of these places, it is going to be very difficult for the defendant to assert any type of defense because it is going to be assumed that they knew the drugs were there and that they intended to use them.

Possible Defenses to Charges for Actual Possession

If the police find drugs on someone’s person, that does not mean that a conviction is guaranteed. There are still some possible defenses that can be effective. One such defense is illegal search and seizure. If the police conducted a search without a warrant or without probable cause, anything they found as a result of that search cannot be used against the defendant in court. Another defense is entrapment. This occurs when law enforcement encourages someone to commit a crime they would not have otherwise committed.

While more states, including neighboring Michigan and Illinois, have decriminalized and legalized marijuana use over the past few years, the substance remains illegal in Wisconsin. However, more momentum may be gathering in Madison for legalization, as bills to legalize medicinal and recreational marijuana use were both introduced this past year but did not advance. Assembly Majority Leader Jim Steineke said that legalization is likely to happen eventually in Wisconsin. Hearings were held this spring and while there was support from members of both parties, numbers were not great enough to take action on the bills. Other lawmakers believed the bills were nothing more than an election-year strategy to get publicity with no real hope of getting them passed.

A Marquette University poll indicated that 61% of Wisconsin voters favor legalization, with even higher percentages supportive of medical marijuana, with 80% in favor. Medical marijuana is now legal in 38 states.

Marijuana Charges in Wisconsin

For now though, marijuana cultivation, possession, or sale remains illegal in Wisconsin. Currently, possession of marijuana by a first-time offender is a first-degree misdemeanor. An offender may face a maximum fine of $1,000 and a maximum jail sentence of up to six months. After your first offense, subsequent arrests for marijuana possession are charged as a felony. This charge could carry a fine of up to $10,000 and jail time of up to 3.5 years. The manufacture, delivery, or distribution of marijuana is also a felony in Wisconsin, with jail time ranging from 3.5 years to 15 years and fines between $10,000 and $50,000 depending on the amount seized.

Public perception of drug use in America has changed rapidly over the last ten years or so. As more states legalize medical marijuana and even the federal government moves towards treating drug addicts rather than penalizing them, society’s understanding of drug use has relaxed. 

Unfortunately, many states still have harsh laws that are a holdover from America’s infamous “War on Drugs” period. Mandatory minimum sentencing, large fines, and other punitive measures were meant to prevent drug use and distribution. As overdose deaths continue to skyrocket, these measures appear to have failed in their intent and instead have left many lives ruined by impractical punishments. Recognizing this, Wisconsin allows judges to consider deferred prosecution, probation, and other types of alternative sentences to allow citizens charged with drug crimes to properly make amends without completely derailing their lives. 

Pre- and Post-Conviction Diversion

If you have been charged with or convicted of a drug crime, a diversion program may allow you to receive substance abuse treatment services, mental health services, and even job training instead of going to jail. For up to two years, you will have to pass drug tests, go to therapy, perform community service, pay any restitution or fees, or do any other rehabilitative behaviors ordered by the court.