Understanding Prescription Drug Possession Laws in Milwaukee, Wisconsin Image

Prescription drugs help treat medical conditions, but having them without also having a prescription for them can lead to legal trouble. In Milwaukee, strict laws mean severe penalties for unauthorized possession. Understanding the laws and defenses is key to protecting your future if you or someone you know is facing charges.

What Is Unauthorized Possession of Prescription Drugs?

Unauthorized possession of controlled substances, including prescription medications, is illegal under both Wisconsin state law and federal law. This means that if you have a prescription drug without having the corresponding valid prescription from a licensed medical provider, you could face criminal charges.

The prescription drugs that are most commonly abused include:

Opioids (Oxycodone, Hydrocodone, Fentanyl)
Benzodiazepines (Xanax, Valium, Ativan)
Stimulants (Adderall, Ritalin)
Sleep medications (Ambien, Lunesta)

Possessing or sharing prescription drugs without a valid prescription can lead to serious charges in Wisconsin as officials crack down on rising drug abuse and overdose cases.

Penalties for Prescription Drug Possession

Getting caught with opioids or other prescription drugs without a prescription can lead to heavy penalties, depending on the drug, the amount, and your record. In Wisconsin, drugs are ranked under the Controlled Substances Act, and possession of a Schedule II drug comes with especially harsh consequences.

Misdemeanor vs. Felony Charges

In Wisconsin, having a prescription drug without a valid prescription is usually a misdemeanor, but the penalties can be grave. A first offense could mean a year in jail and a $5,000 fine. If it happens again, it might be charged as a felony with even harsher consequences. Possession with intent to distribute is even more serious, leading to felony charges and several years in prison.

Additional Consequences

Illegal possession of prescription drugs can lead to a permanent record, making it harder to find a job or housing. It can also result in losing professional licenses or even a suspended driver’s license. Prescription fraud, like faking prescriptions or doctor shopping, can bring felony charges and serious legal consequences.

Defenses for Drug Possession Cases

If you’ve been charged with illegally possessing prescription drugs, there might be ways to fight the charges. Some common defenses include:

Valid Prescription: If you had a legitimate prescription during the arrest, providing documentation can help dismiss the case. Your attorney may present medical records, pharmacy receipts, and physician testimony to confirm your legal right to possess the medication.
Lack of Knowledge: Sometimes, individuals may not realize they have controlled prescription medication. If you were unaware that the substance was a controlled drug or if it was left in your vehicle or home by someone else, this may be a defense.
Unlawful Search and Seizure: Any illegally obtained evidence may be inadmissible in court if law enforcement violates your constitutional rights during a search. Your attorney may file a motion to suppress evidence if law enforcement conducted an improper search.
Planted Evidence: Unfortunately, wrongful accusations happen. If you were wrongfully accused or had drugs planted on you, a strong legal defense could challenge the charges.
Entrapment: If law enforcement officers coerced or pressured you into possessing a controlled substance, entrapment may be a valid defense. This defense applies in cases where officers induced someone to commit a crime they otherwise would not have committed.

What to Do After a Drug Possession Arrest

A person holds a handful of various colorful pills and capsules.

If you or a loved one has been arrested for a prescription drug-related offense, it is imperative to take immediate action to protect your rights. Here are some steps to follow:

Remain Silent: Avoid making statements to law enforcement without speaking to an attorney first.
Contact a Lawyer: A lawyer from Hart Powell, S.C. can help you understand your legal options and build a strong defense.
Gather Documentation: If you have a valid prescription for the drug, gather medical records to support your case.
Avoid Further Legal Issues: Refrain from discussing your case with anyone other than your lawyer and comply with court orders.
Understand the Charges: Your attorney can explain the specific charges against you and what penalties you may face.

How an Attorney Can Help

Having a knowledgeable attorney by your side can make a significant difference in your case. An experienced lawyer can:

Review the details of your arrest and determine if any constitutional violations occurred.
Examine the evidence and identify weaknesses in the prosecution’s case.
Negotiate plea deals or alternative sentencing options to reduce charges.
Represent you in court and present a strong legal defense.

Get Legal Help Today

Dealing with prescription drug charges in Milwaukee can be stressful, but you don’t have to handle it alone. The lawyers at Hart Powell, S.C. have experience with drug possession cases and can help. Call (414) 271-9595 or visit our contact page to set up a consultation.