Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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While some of our favorite movies and TV shows may glamorize the drug trade and social attitudes are becoming more lenient towards some recreational drug use, heroin remains illegal under federal and state drug laws in Wisconsin. Additionally, the Badger State’s heroin laws categorize the powerful opiate as a Schedule I drug, meaning any possession or sale of heroin, no matter how small, is a felony offense. This article is a brief summary of specific heroin laws in Wisconsin.
The particulars of state drug laws can vary, depending on the jurisdictions. You can find the main provisions of Wisconsin's heroin laws listed in the chart below.
Code Section |
§961.41 et seq. |
Possession |
Class I felony |
Sale |
Less than 3 g.: class F felony; 3-10 g.: class E felony; 10-50 g.: class D felony; over 50 g.: class C felony; Sale to minor: double penalties; Sale within 1000 ft. of school: mandatory 3 yrs. without parole |
Trafficking |
- |
Illicit drugs like heroin are regulated at both the state and federal level, with overlapping statutes criminalizing manufacturing and cultivation, trafficking and distribution, as well as simple possession. While some prosecutors can offer plea bargains to lower-level drug offenders in exchange for help building a larger case against higher-level producers and dealers, most drug charge convictions can carry severe penalties, including prison time and heavy fines.
Penalties for heroin possession in Wisconsin can be severe, ranging from six months to 40 years in prison, and fines up to $100,000. These penalties vary depending on the amount of heroin involved, the location of the crime, and any prior criminal history. That said, recently some jurisdictions have begun implementing specialized “drug courts” that offer first- and second-time drug crime defendants the opportunity to choose drug treatment programs and other options in order to avoid lengthy jail sentences.
As noted above, social norms on drug use are constantly changing. And state drug laws, and their enforcement, can vary significantly depending on the jurisdiction and specifics of your case. You can visit FindLaw's Drug Charges section for related articles and resources. If you would like legal assistance with an existing drug case, you can contact a Wisconsin drug crime attorney in your area to schedule a consultation. Finally, if you or someone you know has a substance abuse problem or drug addiction issue, you can contact Wisconsin's Department of Health Services for online, phone, and in-person resources that may help.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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