Wisconsin Drug Possession Law
Wisconsin Drug Possession Defense
What you're facing under Wis. Stat. § 961.41(3g), how the penalties scale, and the questions your attorney needs to answer, specific to Wisconsin (WI) law.
Offense Class
Misdemeanor (most first offenses); Class I Felony (certain substances or second+)
Maximum Penalty
1 year (misdemeanor); 3.5 years (Class I Felony for second+)
Maximum Fine
$5,000 (misdemeanor); $10,000 (felony)
Penalty Range in Wisconsin
Charge Enhancements
These factors can elevate the charge or penalty in Wisconsin:
- Second or subsequent offense (Class I Felony)
- Possession near a school, park, or public housing (sentence doubles under § 961.495)
Wisconsin-Specific Detail
First-offense simple possession of most controlled substances is a misdemeanor. Second or subsequent is a Class I Felony. Drug court and diversion programs available.
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Important: This page provides legal INFORMATION about Wisconsin drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.