It is a mistake to take Wisconsin drug possession charges lightly. The implications of a criminal conviction on your record can be life changing, even if you don’t end up getting the potentially serious penalties that can include several months and even years behind bars.

Wisconsin drug possession laws are strictly enforced and prosecuted. The state doesn’t take these charges lightly and neither should you. Consulting with an experienced attorney about the charges against you can help you understand exactly what you’re up against and what your options are in protecting your rights and freedom.

A drug possession conviction can carry jail time and fines. But sometimes even more serious is the lasting impact it can have on your personal life. You may find yourself unemployed and alone after a case like this. A conviction, and especially a felony conviction, can have a significant lasting impact on your life.

Wisconsin Drug Possession – Laws & Penalties

To be charged with possession of drugs, you don’t have to have the drugs in your pocket. The law only requires that you have the drugs under your control. This means if they are found in your car or home, you can be charged even if you maintain that they belonged to someone else. Similarly, if they are found within your reach on a park bench or even the ground, you could face possession charges.

The chart below represents some of the more common possession charges and the penalty you could face if convicted.



Maximum Penalty

Marijuana 1st (Misdemeanor) 6 months in Jail / $1000 fine
Marijuana 2nd (Felony) 3 1/2 years, $10,000
Cocaine 1st (Misdemeanor) 1 year in Jail, $5000 fine
Cocaine 2nd (Felony) 3 1/2 years, $10,000
Methamphetamine 1st (Misdemeanor) 1 year in Jail, $5000 fine
Methamphetamine 2nd (Felony) 3 1/2 years, $10,000
LSD (Acid) 1st (Misdemeanor) 1 year in Jail, $5000 fine
LSD (Acid) 2nd (Felony) 3 1/2 years, $10,000
Heroin Felony 3 1/2 years, $10,000


If you are accused of possession of marijuana and this is your first offense, you’ll likely only face a fine and time-served if you were arrested and placed in jail. However, this isn’t always the case.

There are also significant penalties levied for possession of prescription drugs like Xanax, oxycontin, and other similar substances. These laws are particularly complex and you can gain better insight in speaking directly with a local attorney.

When you are charged with drug possession, all hope is not lost – these charges can be fought and beaten. By addressing the charges immediately and taking proactive measures, you could potentially avoid the worst consequences. Whether you are innocent of the charges against you or you simply want to put the matter behind you with the least amount of trouble, a local defense lawyer can help.

Contact us for a free consultation with a Wisconsin defense lawyer with experience fighting drug charges.