Fentanyl in Wisconsin: What it is and why it’s so dangerous

October 27th, 2025 by Benjamin Van Severen

Fentanyl’s growing impact in Wisconsin

Between 2000 and 2023, opioid-related deaths in Wisconsin increased twelvefold. In 2022, the state reported a record 1,459 opioid overdose deaths, with synthetic opioids (primarily fentanyl) accounting for 73% of all drug overdose fatalities. The number of fentanyl overdose deaths in Wisconsin grew by 97% from 2019 (651) to 2021 (1,280). These significant, quick increases in fatalities underscore the escalating issues posed by fentanyl in Wisconsin and throughout the United States.

Lawmakers quickly responded. Criminal charges for manufacturing, delivering, or distributing the drug all carry penalties that include at least a decade of prison. Simple possession is also a felony, but the penalty is a maximum of 3.5 years prison. While this is certainly a lesser sentence than delivering the substance, it’s still substantial and enough to change the rest of your life. Later on in this post we’ll discuss all of the criminal penalties associated with fentanyl.

Finally, if you’re facing any criminal charges involving drugs, contact us. Van Severen Law Office, S.C. is a criminal defense law firm that represents defendants throughout Wisconsin. We regularly defend individuals facing charges involving fentanyl, heroin, marijuana, cocaine, methamphetamine, and all other controlled substances. You can reach us at (414) 270-0202 to learn more about how we can help.

What is fentanyl?

Fentanyl is an opioid drug that was developed in the late 1950s and went into production in 1960. Opioids are drugs that are used to relieve moderate to severe pain. They work by binding to opioid receptors on nerve cells in the brain, spinal cord, and other organs to block pain signals. Fentanyl is still produced and prescribed legally throughout the United States. It’s typically used to treat severe pain associated with advanced-stage cancers or recovering from invasive surgeries.

Opioids can be natural, semi-synthetic, or synthetic. Opium is an example of a natural opioid – it’s derived from the poppy plant. Semi-synthetics are made in laboratories by modifying natural opioids. Morphine and heroin are examples of semi-synthetics. The final class are synthetics which are made in a laboratory without any natural ingredients. Fentanyl is a synthetic opioid.

Opioids vary in potency. Fentanyl is 50 times more powerful than heroin and 100 times more powerful than morphine, as an analgesic.

Illicit fentanyl is primarily manufactured in foreign labs and smuggled into the United States. It’s frequently mixed with other illicit drugs to increase the potency of the original substance. It’s sold as powders, nasal sprays, and frequently pressed into pills made to look like legitimate prescription drugs. As criminal defense attorneys, we’ve seen positive tests for the substance in many other drugs, including marijuana (rare) and cocaine. Common street names for fentanyl include: apace, china girl, china town, dance fever, friend, goodfellas, great bear, he-man, jackpot, king ivory, murder 8, poison, and tango & cash.

Why is fentanyl so dangerous?

Even ingesting a relatively small amount of fentanyl can be fatal. Due to the fact that it’s combined with other pills, powders, and plant material in a clandestine fashion, ingesting this small amount on accident is very easily done. This is especially the case considering the fact that the end user usually doesn’t know there’s fentanyl present in the substance they’re consuming.

And it doesn’t take a lot of fentanyl to cause an overdose. We talked about the potency compared to heroin and morphine, but how much fentanyl does it take to prompt an overdose? Not much. As little as 2 milligrams of fentanyl can be enough. Two milligrams is a few grains of salt, or 1/1000 of a teaspoon.

Importantly, standard-strength naloxone (Narcan, RiVive) usually works to reverse the drug’s effects in most people who overdose from fentanyl. In some individuals, high-strength naloxone (like Kloxxado), or a second dose of standard-strength naloxone is necessary to reverse an overdose. Fentanyl test strips are available for purchase online without any kind of prescription.

Finally, we’ve seen the dramatic videos of police allegedly overdosing after coming into contact with the drug. You can’t overdose by touching a doorknob or dollar bill. The one case in which the drug can be absorbed through the skin is with a special doctor-prescribed skin patch, and even then, it takes hours of exposure. This substance is dangerous, but the dramatic videos usually involve something else.

dozens of pressed pills that appear to be fentanyl — Fentanyl comes in many forms, including powders, nasal sprays, and pressed tablets. It’s also frequently detected in other drugs, like cocaine and heroin.

What kind of trouble can I get into for manufacturing or delivering of fentanyl in Wisconsin?

Manufacturing, delivering, or distributing Fentanyl is felony in Wisconsin. Section 961.41(1)(dm) of the Wisconsin statutes provides those penalties:

Firstly, it is a Class E felony to manufacture, deliver, or distribute 10 grams or less of fentanyl in Wisconsin.
- A Class E felony is punishable by up to 15 years in prison and $50,000.00 in fines.
If 10-50 grams fentanyl are involved, it’s a Class D felony.
- A Class D felony in punishable by up to 25 years in prison and $100,000.00 in fines.
And finally, if over 50 grams of fentanyl are manufactured, delivered, or distributed, it’s a Class C felony.
- A Class C felony in punishable by up to 40 years in prison and $100,000.00 in fines.

And what about simple possession?

Possession of a controlled substance laws often confuse people throughout the state. The first step is to figure which schedule the relevant drug falls under, and then to find the appropriate statute discussing the penalty.

Section 961.16(3)(f) of the Wisconsin Statutes indicates that fentanyl is a schedule 2 controlled substance in Wisconsin.

Section 961.41(3g)(am) of the Wisconsin Statutes indicates that possession of schedule 1 and schedule 2 (including fentanyl) drugs in Wisconsin is a Class I felony. A Class I felony penalty in Wisconsin carries a penalty of up to 3.5 years in prison, $10,000.00 in fines, or both.

What happens if I deliver fentanyl to someone and they overdose and die?

Obviously this is the worst case scenario for a defendant in the criminal justice system. Charges involving murder, homicide, and manslaughter carry some of the most serious penalties in our jurisdiction.

Let’s talk about section 940.02 of the Wisconsin statutes and the relevant subsections. Here’s the statute:

940.02 First-degree reckless homicide.

(2) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B felony:

(a) By manufacture, distribution or delivery … of a controlled substance included in schedule I or II … if another human being uses the controlled substance or controlled substance analog and dies as a result of that use. This paragraph applies:

1. Whether the human being dies as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, diluent or other substance mixed or combined with the controlled substance or controlled substance analog.

…

If you manufacture, deliver, or distribute fentanyl, and someone uses that fentanyl and dies, you’re liable for a Class B felony in Wisconsin. A Class B felony in punishable by up to 60 years in prison. Importantly, no specific amount is required for this charge to apply. As Wis. Stat. 940.02(2)(a)(1) indicates, any detectable amount of fentanyl could result in charges.

For example: Jimmy sells small amounts of cocaine to his friends. Since Jimmy isn’t a big dealer, he often sources his product from questionable places. Jimmy has no idea, but the cocaine he recently purchased for resale has been cut with other substances, including fentanyl. Jimmy sells a small amount of cocaine to Ryan. Ryan using the fentanyl-laced cocaine, overdoses, and dies. Prosecutors don’t care that Jimmy didn’t know fentanyl was present in the cocaine, and now he’s facing 60 years in prison.

I’m facing criminal charges involving fentanyl. What should I do?

The very top of the executive branch of the government in the United States – Donald Trump – indicated during the early stages of his second term that combating fentanyl was a top task for his administration. When the president has taken aim at something you’re involved in, it’s time to take things very, very seriously.

We believe that the smartest first step is to contact, consult with, and hire the best criminal defense attorney in Wisconsin you can afford. As criminal defense attorneys, we protect the constitutional rights of our clients every single day. This applies whether or not the president has taken aim at the people we fight for. We’ll always be here, regardless of the opposition.

A good criminal defense attorney will take a look at all the facts and legal issues in your case and file pre-trial motions challenging illegal/unconstitutional police conduct. Was there a search warrant involved? Let’s take a look at the affidavit and ensure that there was a legal basis to issue a search warrant. Was your vehicle pulled over, and was it done so legally? There’s dozens of issues we consider, and a good criminal defense lawyer will be able to explain all of them and whether they apply in your case.

Want to talk to us about your charges? We’re available 24/7 at (414) 270-0202.