Call (414) 270-0202 for possession of drug paraphernalia defense from top Milwaukee defense firm Van Severen Law Office
Possession of drug paraphernalia is a crime in Wisconsin. While other drug offenses typically focus on the drug, a paraphernalia charge focuses on the other “stuff.” Drug paraphernalia is described Wisconsin Jury Instruction Criminal 5050 as “all equipment, products, and materials of any kind that are used, designed for use, or primarily intended for us to ingest, inhale, or otherwise introduce into the human body a controlled substance.” At Van Severen Law Office we specialize in defending individuals accused of committing crimes. We spend a significant amount of time defending drug cases. Contact smart, the smart, aggressive criminal defense attorneys at our firm to discuss your case.
What is possession of drug paraphernalia?
Possession of drug paraphernalia is prohibited by section 961.573 of the Wisconsin Statutes. The law indicates that “No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.” In order to sustain a conviction the State would need to prove certain elements beyond a reasonable doubt. This elements are:
- The defendant possessed an item;
- The item in question is drug paraphernalia; and
- The defendant possessed the drug paraphernalia with the primary intent to use it to ingest, inhale, or otherwise introduce into the human body a controlled substance.
Possession of methamphetamine paraphernalia
Possession of methamphetamine paraphernalia subjects an individual to additional criminal penalties. Those additional penalties are described in section 961.573(3)(a) of the Wisconsin Statutes. If the defendant uses, possesses with intent to use, “drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, or store methamphetamine or a controlled substance analog of methamphetamine” he’s subject to a Class H felony. If the methamphetamine paraphernalia is possessed by a defendant over 18 years old, in the presence of a child 14 or younger, the criminal classification moves up to a Class G felony.
Reduced penalty for defendants 17 or younger
Defendants 17 or younger face modified penalties. Courts are required to suspend the juvenile’s driver license privilege for 6 months – 5 years. Additional penalties for specific offenses include:
- For a first violation, a $50.00 maximum fine and participation in a supervised work program or community service;
- For a violation that occurred within 12 months of a previous violation, a $100.00 maximum fine and a work program/community service;
- For a violation that occurred within 12 months of 2 previous violations, a $500.00 maximum fine and a work program/community service.
This modified sentence scheme does not apply when the offense is possession of methamphetamine paraphernalia.
Our defense lawyers are 100% committed to criminal defense
The defense attorneys are Van Severen Law Office are committed to providing the best possible criminal defense to individuals accused of committing crimes. A significant portion of criminal violations involve drugs. We’re familiar with the constitutional and other issues commonly involved with drug cases. If you’ve been accused of this or any other offense, contact Milwaukee criminal defense law firm Van Severen Law Office at (414) 270-0202.
