Contact defense law firm Van Severen Law Office immediately about your drug case. (414) 270-0202
If you’re being accused of manufacturing, distributing, or delivering a controlled substance you should have a criminal defense attorney on your side. At Van Severen Law Office we focus 100% of our resources on criminal defense. If you come to us for assistance with your case, we guarantee that you’re in good hands. Manufacturing, distributing, or delivery penalties are broken down by the substance involved. We’ve broken down the penalties and the crimes by the substance involved. But first, what do the terms manufacture, distribution, and delivery mean? They’re defined in section 961.01 of the Wisconsin Statutes.
Wis. Stat. sec. 961.01(13): “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. “Manufacture” does not mean to prepare, compound, package, repackage, label or relabel or the preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance.
Wis. Stat. sec. 961.01(9): “Distribute” means to deliver other than by administering or dispensing a controlled substance or controlled substance analog.
Wis. Stat. sec. 961.01(6): “Deliver” or “delivery”, unless the context otherwise requires, means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is any agency relationship.
Manufacture, distribution, or delivery of marijuana
Manufacturing, distributing, or delivering marijuana is prohibited by section 961.41(1)(h) of the Wisconsin Statutes. Penalties are:
- Under 200 grams, or 4 of fewer plants, the defendant is subject to a Class I Felony, which carries a potential penalty of 3 years 6 months in prison, a $10,000.00 fine, or both.
- 200 – 1000 grams, or 4 – 20 plants, the defendant is subject to a Class H Felony, which carries a potential penalty of 6 years prison, a $10,000.00 fine, or both.
- 1,000 – 2,500 grams, or 20 – 50 plants, the defendant is subject to a Class G Felony, which carries a potential penalty of 10 years prison, a $25,000.00 fine, or both.
- 2,500 – 10,000 grams, or 50-200 plants, the defendant is subject to a Class F Felony, which carries a potential penalty 12 years 6 months prison, a $25,000.00 fine, or both.
- Over 10,000 grams, or over 200 plants, the defendant is subject to a Class E Felony, which carries a potential penalty of 15 years, or a $50,000.00 fine, or both.
Manufacture, distribution, or delivery of cocaine
Manufacturing, distributing, or delivering cocaine is prohibited by section 961.41(1)(cm) of the Wisconsin Statutes. Penalties are:
- If the amount involved is one gram or less, the penalty is a Class G Felony. That felony carries with it the possibility of a $25,000.00 fine, 10 years in prison, or both.
- If convicted of between 1-5 grams, the penalty jumps to a Class F Felony, carrying with it the possibility of a $25,000.00 fine, 12 years and 6 months in prison, or both.
- If the amount of cocaine manufactured, delivered, or distributed of cocaine is between 5 and 15 grams, the penalty moves up to a Class E Felony, carrying with it the possibility of 15 years prison, a $50,000.00 fine, or both.
- The second most serious penalty category for this crime is between 15-40 grams. A Class D Felony, this crime carries with it a penalty of 25 years prison, a $100,000.00 fine, or both.
- Finally, the most serious penalty an individual convicted of manufacturing, distributing, or delivery cocaine faces is a Class C Felony, occurring when the amount involved is over 40 grams cocaine. A Class C Felony a $100,000.00 fine, 40 years in prison, or both.
Manufacture, distribution, or delivery of heroin
Manufacturing, distributing, or delivering heroin is prohibited by section 961.41(1)(d) of the Wisconsin Statutes. Penalties are:
- Three grams or less, the person is guilty of a Class F felony.
- More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
- More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
- More than 50 grams, the person is guilty of a Class C felony.
Manufacture, distribution, or delivery of methamphetamine
Manufacturing, distributing, or delivering meth is prohibited in section 961.41(1)(e) of the Wisconsin Statutes. Penalties are:
- Three grams or less, the person is guilty of a Class F felony.
- More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
- More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
- More than 50 grams, the person is guilty of a Class C felony.
How do I win my manufacture, distribution, or delivery of a controlled substance case?
Drug cases involving manufacturing, distributing, or delivering controlled substances are proven in a variety of ways. Because of that, each case needs to be approached in a specific way. If your case is involving confidential informants, we may be able to attack the credibility of that CI. Is the CI being paid? Is the CI getting reduced charges because of your case? Does the CI simply not like you from previous interactions? All of these things could be important to your defense.
What was the role of law enforcement? Were you interrogated? These two questions are important to determine whether we have any constitutional challenges. Police must follow certain rules, otherwise there’s the potential that evidence used against you can be thrown out and not used at trial.
At your initial consultation we will begin to figure out the defense in your case. One of our skilled criminal defense attorneys will discuss your case, possible motion issues, and your representation goals at the initial consultation.
Contact Van Severen Law Office for drug crime defense
Our criminal defense law firm focuses 100% of its resources on defending individuals accused of committing crimes. A significant portion of our practice is focused on drug crimes. We’re aware of the specific issues typically involved in these cases. Our defense lawyers have defended them before. Don’t hire some divorce attorney to defend you. Hire someone who works on criminal issues every single day. Contact Van Severen Law Office at (414) 270-0202 to discuss your drug case.
