Contact criminal defense firm Van Severen Law Office about your drug case. (414) 270-0202.
Possession with intent to deliver a controlled substance cases are hard to swallow. If you’re caught in the wrong area, with the wrong amount of currency in your possession, with any amount of drugs, you could be accused of committing this crime. Circumstantial evidence is commonly relied on when charging possession with intent to manufacture, distribute, or deliver cases. At Van Severen Law Office we focus our entire practice on criminal defense. If you’re looking for an attorney who specializes in criminal cases, contact us immediately. Our criminal defense attorneys will schedule a time for a consultation to discuss your case.
Criminal intent is defined by section 939.23 of the Wisconsin Statutes:
“With intent to” or “with intent that” means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result.
Manufacture also has a specific legal definition. Section 961.01(13) indicates:
“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.
Distribute is described in section 961.01(9) of the Wisconsin Statues:
“Distribute” means to deliver other than by administering or dispensing a controlled substance or controlled substance analog.
Deliver https://docs.legis.wisconsin.gov/statutes/statutes/961/I/01/6 is described in section 961.01(6) of the Wisconsin Statutes:
“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.
So what are the penalties for specific substances?
Possession with intent to manufacture, distribute, or deliver marijuana. Wis. Stat. sec. 961.41(1m)(h)
- Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.
- More than 200 grams but not more than 1,000 grams, or more than 4 plants containing tetrahydrocannabinols but not more than 20 plants containing tetrahydrocannabinols, the person is guilty of a Class H felony.
- More than 1,000 grams but not more than 2,500 grams, or more than 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person is guilty of a Class G felony.
- More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony.
- More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.
Possession with intent to manufacture, distribute, or deliver cocaine. Wis. Stat. sec. 961.41(1m)(cm)
- One gram or less, the person is guilty of a Class G felony.
- More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
- More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony
- More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony.
- More than 40 grams, the person is guilty of a Class C felony.
Possession with intent to manufacture, distribute, or deliver heroin. Wis. Stat. sec. 961.41(1m)(c)
- 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.
Possession with intent to manufacture, distribute, or deliver methamphetamine. Wis. Stat. sec. 961.41(1m)(e)
- 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.
Contact Van Severen Law Office for representation for your possession with intent case
Our criminal defense lawyers defend all possession with intent cases. Our attorneys in this article discussed marijuana, cocaine, heroin, and methamphetamine because they’re most commonly charged.
Possession with intent to manufacture, distribute, or deliver is an automatic felony. Felonies carry with them potential prison sentences. It’s important that you hire a criminal defense attorney to defend all cases, but especially felony cases. To discuss your drug case with a skilled Milwaukee criminal defense attorney, contact Van Severen Law Office at (414) 270-0202 immediately.
