4 Things to Know if You Are Caught with Fentanyl in Wisconsin

 Posted on April 03, 2024 in Drug Charges

Being caught in possession of controlled substances is a serious crime that can result in prison time and/or heavy fines. Wisconsin law prescribes certain punishments for drug possession based on several factors, including:

• The type of drug

• The weight of the drug

• Whether there is intent to distribute, deliver, or manufacture

Someone who is charged with illegal drug possession like fentanyl in Wisconsin should hire an experienced criminal defense lawyer who understands the criminal justice system well.

What is Fentanyl?

Fentanyl is a narcotic considered to be 50 times stronger than heroin and 100 times more powerful than morphine. It has been approved by the Food and Drug Administration (FDA) for pain relief and anesthesia. Fentanyl is also classified as a Schedule II substance, along such drugs as methamphetamine, morphine, and oxycodone.

Here are four things to know about being caught in possession of fentanyl in Wisconsin.

Fentanyl Possession Carries Up to 40 Years in Prison

If a person is caught in possession of fentanyl with intent to deliver, distribute, or manufacture, he or she will be charged with one of three felony classifications depending on the weight:

• If it is 10 grams or less, the person will be charged with a Class E felony which carries up to 15 years imprisonment and a fine of up to $50,000.

• If it is between 10 and 50 grams, the person will be charged with a Class D felony which carries up to 25 years imprisonment and a fine of up to $100,000.

• If it is over 50 grams, the person will be charged with a Class C felony which carries up to 40 years imprisonment and a fine of up to $100,000.

The Drug is Not the Only Substance Weighed

If a person is caught in possession of an illegal substance, the drug’s weight will be a major factor in determining how he or she is charged. But Wisconsin law dictates that not only the drug is weighed. Anything it is mixed with will also count towards the weight. If fentanyl is baked into an edible, for instance, the weight of the entire edible may be used against the accused.

Ownership Does Not Matter

If you are caught in possession of fentanyl or any other illegal substance in Wisconsin, it does not matter whether it belongs to you or not. You will be charged with a felony depending on the weight simply because it was found in your possession.

Your Property May Be Seized

Wisconsin’s civil asset forfeiture laws allow authorities to seize any property that might be loosely connected to illegal activity, particularly when it comes to drug possession. Cash that you have on hand, your car and even your home can be seized if the state can prove it has some connection to the fentanyl found in your possession.

Contact Waukesha County, Wisconsin Criminal Defense Attorneys

Being caught in possession of a drug like fentanyl can have drastic consequences that impact your future and the future of your loved ones. Hiring an aggressive, experienced criminal defense attorney can help you achieve the best outcome possible. Schedule a free consultation with the qualified Waukesha County, Wisconsin criminal defense lawyers at Bucher, Wolff & Sonderhouse, LLP by calling 262-232-6699. We are available 24 hours a day, seven days a week.