Wisconsin Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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Section 961.41(3g)(e) of Wisconsin Statutes states that possession of marijuana is illegal: Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s.
If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
In Wisconsin, possession is charged as a misdemeanor for the first offense, and a conviction can result in jail time of up to six months and a fine of $1,000 or less. Subsequent possession charges result in stiffer penalties, including a prison sentence of up to three and a half years.
(1m) Possession with intent to manufacture, distribute or deliver. Except as authorized by this chapter, it is unlawful for any person to possess, with intent to manufacture, distribute or deliver, a controlled substance or a controlled substance analog.
This section prohibits the act of manufacture, as defined in s. 161.01 (13) [now s. 961.01 (13)]. Possession of a controlled substance created by an accused is not required for conviction.
Wisconsin residents could be charged with a misdemeanor or felony in allegations involving Schedule 2 drugs such as Vicodin, cocaine, methadone and other substances. A charge is not a conviction, so penalties for schedule 2 drug possession do not occur unless convicted of a crime, not just charged.
Controlled substances specifically refer to those compounds listed under the Uniform Controlled Substances Act, Chapter 961 of the Wisconsin Statutes. Chapter 961 covers hundreds of different compounds including commonly seen drugs such as methamphetamine, heroin, and cocaine.
Schedule 1 Drug Possession in Wisconsin Leads to Severe Fines & Penalties Marijuana. Heroin. LSD/Acid. Ecstasy. Peyote. Psilocybin-containing mushrooms.