NCJ Number
171342
Date Published
1996
Length
32 pages
Annotation
This Information Memorandum presents the major offenses and related penalties under Wisconsin's Controlled Substances Act (ch.961, Stats.) and related statutes.
Abstract
The Memorandum focuses on relevant laws enacted through the 1995-96 legislative session and replaces Information Memorandum 94-24 of the same title, dated June 28, 1994. Subchapter II of chapter 961 classifies all controlled substances into five categories or "schedules" according to each substance's potential for abuse, the existence of any accepted medical use for the substance in treatment, and the potential that abuse of the particular substance may lead to psychological or physical dependence. Schedules I and II pertain to substances that have a high potential for abuse. Schedule I includes LSD, PCP, heroin, and THC (the hallucinogenic contained in marijuana). Examples of substances listed in Schedule II are opium, codeine, morphine, cocaine, methadone, and amphetamines. Schedules II, IV, and V contain substances with lower potential for abuse and for which there is a currently accepted medical use. This Memorandum describes current prohibitions that relate to the manufacture, distribution, delivery, possession with intent to deliver, and possession of controlled substances; controlled-substances violations and sanctions applicable to children; asset seizure and forfeiture for controlled substances violations; offenses and penalties relating to the possession, sale, or use of drug paraphernalia, including separate drug paraphernalia sanctions applicable to children; and other miscellaneous offenses and sanctions under Wisconsin's drug statutes. Specified penalties include fine and imprisonment ranges. Sanctions vary by drug type and by whether the offender has been found guilty of possession; possession with intent to manufacture, distribute, or deliver; and the manufacture, distribution, or delivery of a proscribed drug. Sanctions also vary by the amount of the drug involved.