Wisconsin Legislature Increases Consequences for Distributing Fentanyl

 Posted on March 29, 2022 in Criminal Law

As the opioid overdose epidemic continues to rage across America and potential policy suggestions are a topic of heated discussion and debate, Wisconsin had 1,227 opioid deaths in 2021 and the Wisconsin legislature has decided to take action. In a new law, Wisconsin has now increased the consequences for being convicted of fentanyl distribution, making the penalties similar to those for distributing heroin. As public health authorities struggle to get a handle on this serious issue, they are hoping that increased punishments will deter at least some distributors and keep those who are caught behind bars longer. If you have been accused of possessing, manufacturing, or distributing fentanyl or heroin in Wisconsin, it is essential to understand the consequences of a conviction. 

Penalties for Distributing Fentanyl in Wisconsin 

Criminals convicted of making or distributing fentanyl are now subject to the following punishments according to the amount of fentanyl in their possession: 

• Possessing up to 10 grams is a Class E felony, punishable by up to 15 years in prison and/or fines up to $50,000
• Possessing between 10 and 50 grams is a Class D felony, punishable by up to 25 years in prison and/or fines up to $100,000
• Possessing over 50 grams is a Class C felony, punishable by up to 40 years in prison and/or fines up to $100,000

Those charged with fentanyl distribution should be aware that selling or even giving opioids to someone who overdoses may allow the distributor to be also charged with reckless homicide, which carries penalties of up to 60 years in prison. Additional penalties are available if the person who received the opioids is less than 18 years old. 

Should I Hire An Attorney For Wisconsin Fentanyl Charges? 

If you or someone you love has been charged with possessing, distributing, or manufacturing fentanyl, it is important not to simply take the first plea deal offered by a prosecutor. Wisconsin prosecutors often seek the maximum punishment for drug offenses and you may end up getting a far worse deal without an experienced attorney at your side. A Wisconsin criminal defense attorney can examine the evidence against you and may be able to call into question whether the police handled evidence correctly, whether they had probable cause, or whether you are innocent of the charges against you altogether. 

Call an Aggressive Waukesha County Criminal Defense Lawyer

If you or someone you love has been charged in Wisconsin with distribution of fentanyl or any other drug, it is essential to have competent representation from a Waukesha County criminal defense attorney who will aggressively protect your constitutional rights. At Bucher, Wolff & Sonderhouse, LLP, we pride ourselves on a long history of getting charges reduced or dropped for many of our clients and pursuing all possible avenues of defense. Call us anytime to schedule a free, confidential consultation at 262-232-6699. 

Sources: 

https://www.dhs.wisconsin.gov/opioids/data-reports-studies.htm 

https://www.wpr.org/milwaukee-county-sees-record-number-drug-overdose-deaths-2021