Laws related to possession of drug paraphernalia in Wisconsin

 Posted on February 08, 2017 in Criminal Defense

Wisconsin residents who are arrested on charges related to drug paraphernalia should understand what they entail and the penalties that accompany a conviction. There are different levels related to this violation, including possession of drug paraphernalia, manufacture and delivery of drug paraphernalia and delivery of drug paraphernalia to a minor. They differ in terms of what the charges will be and the accompanying penalties. Anyone who has been placed under arrest for these charges should have a grasp of what they are confronted with.

With possession of these items, a person is not allowed to use or possess with the intention of using drug paraphernalia to plant, cultivate, grow or do anything else related to the ingestion or inhalation of a controlled substance. If there is a violation of this law, the conviction can result in a fine of up to $500, imprisonment for up to 30 days or both. If these charges are related to the production of methamphetamine or a substance that is an analog of methamphetamine, it will be a Class H felony. If a person is 18 years of age or older and commits the act with methamphetamine or its analog while in the presence of a child who is 14 or younger, the defendant will be charged with a Class G felony.

The manufacturing of drug paraphernalia with anything related to its growth, cultivation, harvest or any other method of its promulgation for ingestion or inhalation will lead to a fine of up to $1,000, imprisonment for up to 90 days or both. With methamphetamine, it will be a Class H felony. Delivering drug paraphernalia to a minor is a different level. Someone who is 17 years of age or older who delivers drug paraphernalia to someone who is 17 years of age or under with the younger person a minimum of three years younger can be fined up to $10,000, imprisoned for up to nine months or both. Someone 17 years of age or older who delivers drug paraphernalia to someone 17 years of age or younger will be charged with a Class G felony.

There might be a belief that simply possessing these items is not as serious as other offenses related to drugs. This is not the case. There are serious consequences if there is an arrest for these acts and they can negatively influence a person's future. When there is an arrest on charges related to drug paraphernalia, it is imperative to get the right information about drug crimes to begin crafting a defense.

Source: docs.legis.wisconsin.gov, " 961.573 Possession of drug paraphernalia; 961.574. Manufacture or delivery of drug paraphernalia; 961.575 Delivery of drug paraphernalia to a minor.," accessed on Feb. 7, 2017