Wisconsin Drug Schedules & Categories

Wisconsin and the federal government separate drugs into categories of controlled substances called “schedules.”  These schedules are based on the level of risk for abuse/dependency, as well as whether the drug has an accepted medical use.

Schedule I: considered to be the most dangerous of all.  They are deemed to carry a high risk of addiction/dependency.  The most distinguishing factor of Schedule I drugs is that they have no legitimate use in medicine. Drugs commonly included under this heading are LSD, marijuana, heroin, ecstasy, and GHB (Gamma hydroxy butyrate, a.k.a. “date rape drug”).

Schedule II: like Schedule I drugs, drugs in Schedule II carry a high risk of abuse or dependency.  Unlike Schedule I drugs, however, Schedule II drugs may have legitimate medical uses. Drugs in this category include substances such as opium, methadone, methamphetamines, cocaine, and amphetamines.

Schedule III: considered to have a moderate risk of abuse. These substances include codeine, hydrocodone, testosterone, ketamine, certain depressants, and anabolic steroids.

Schedule IV: considered to have a slight risk of dependency and acceptable medical uses, including substances such as clonazepam, sedatives, and some tranquilizers.

Schedule V considered to have a very low risk of dependency, such as OTC (over the counter) medication with Codeine

Wisconsin Drug Possession Penalties

Wisconsin drug laws generally follow federal drug laws.  Wisconsin penalties can sometimes be more or less severe than the federal government.  Under Wisconsin Statutes Chapter 961, the basis for the particular drug crime charged, and the penalties you may face, is the type of drug involved.

Chapter 961 covers many types of controlled substances.  The most severe penalties are those resulting from a conviction of drugs in Schedule I (e.g., LSD, marijuana, mescaline, heroin, peyote) and Schedule II (e.g., cocaine, methadone, opium, amphetamines, methamphetamines). 

Other factors influencing the penalty for possession of any given drug include number of prior convictions.   That is, the penalties are less severe for first time offenders than they are for repeat offenders.  For instance:

Other factors that can increase penalties for Wisconsin drug crimes and influence the judge at sentencing include the location the crime was alleged to have taken place, and the quantity of the drug.

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Wisconsin drug laws are complicated.  Our office is skilled in defending individuals against all manner of drug charges in Wisconsin.  Contact our office today for a free, no pressure consultation.  We will discuss your rights and options with you and we will give you an honest opinion of your case.

Wisconsin Drug Fraud Crimes

The crime of drug fraud is usually driven by addiction.  Drug addiction can affect anyone at any time.  People in all professions—police officers, lawyers, doctors and nurses included—can find themselves facing drug fraud charges.  Often, individuals who were once legitimately prescribed pain medication become addicted and later attempt to increase the number of refills without their doctor’s approval.  The bottom line is that it can happen to anyone.

Whether it is charged as a felony or misdemeanor, drug fraud can have long lasting, wide-spread effects.  If you are a nurse, doctor, or other type of healthcare professional, you may lose your license to practice, or your ability to find work as a medical professional may be greatly diminished.

Drug Fraud Crimes

Drug fraud can be charged as a felony or misdemeanor.

The number of prescription or controlled drug fraud arrests are on the rise.  Because of this, prosecutors rarely file drug fraud charges as misdemeanors. It is more common for one to find themselves facing several felony counts of drug fraud.

Examples of Drug Fraud Crimes

Under the laws in Wisconsin, a drug fraud crime can occur in many ways. The most common forms of drug fraud crimes include:

• Altering a prescription in order to increase dosage, quantity, or number of refills
• Making a forged or fake prescription
• Impersonating a doctor or nurse while calling in a prescription
• Filling someone else’s prescription without their knowledge
• Falsely representing oneself to be a manufacturer, distributor, pharmacist, or practitioner
• Stealing a physician’s prescription pad to write a prescription

If you are facing drug fraud charges, call or email The Law Offices of Sydne French today for a free initial consultation.  We will give you an honest evaluation of your case and help you to determine what your next course of action should be to get your life and your career back on track

Challenge Incarceration Program (CIP)

Also known as “Boot Camp,” the Challenge Incarceration Program (CIP) is a program that can reduce the initial period of incarceration in a criminal sentence. Boot Camp or CIP is common with drug cases/convictions, because one of the criteria required to become eligible for it is a qualified drug problem or substance abuse treatment need.

Criminal sentences today come with two parts: initial incarceration, and extended supervision (similar to probation).  Upon successful completion of Boot Camp / CIP, an inmate will be released from prison earlier.  It is important to keep in mind, however, that the overall length of the sentence (initial incarceration + extended supervision) will not be reduced.  Any time that is reduced on the initial incarceration portion of a sentence, is simply added to the extended supervision portion so that it all balances out.

At the time of sentencing, the judge determines whether a defendant is eligible for CIP based on criteria set forth in Wisconsin Statute Section 973.01(3m).  Once the trial court has found a defendant to be eligible for CIP, the final placement determination is made by certain committees and bureaus within the Department of Corrections.

The Bureau of Offender Classification and Movement (BOCM), through a Reclassification Hearing conducted at an inmate’s current institution, will review inmates who have been found appropriate for CIP.  The BOCM must determine that the inmate has a substance abuse problem, and that the inmate has no psychological, physical, or medical limitations that would preclude the inmate from participating in CIP.  The BOCM also looks at an inmate’s conduct while at the institution.  If the inmate meets all requirements, he/she will be allowed to participate when the BOCM deems them appropriate for placement in a minimum-security facility.  There is a wait list however, and inmates are transferred to CIP on a seniority basis.  In other words, those who have been on the wait list the longest, get transferred first.

The bottom line is that, although a judge can declare a defendant statutorily eligible for CIP at sentencing, it is ultimately up to the BOCM as to whether and when the inmate actually participates in CIP.