Wisconsin Laws and Programs

Types of Drugs Used in Wisconsin

In a 2005 survey of Wisconsin residents age 12 and older, marijuana was the drug most commonly reported: almost 11 percent of respondents said they had used marijuana in the past year and 6.01 percent in the past month. The next most common illicit drug was nonprescription use of prescription drugs (4.83 percent in the past year) followed by cocaine (2.26 percent in the past year). A poll taken the same year among high school students found that marijuana was also the most common illegal drug used by them, with 36.9 percent reporting using marijuana at some time in their life (6.7 percent before age 13) and 15.9 percent reporting current use. Inhalants were the second most common drug used, with 10.6 percent reporting lifetime use, followed by cocaine (7.8 percent lifetime use, 2.7 percent current use), and methamphetamine (5.9 percent lifetime use).

Laws

First offense possession of marijuana (any amount) is a misdemeanor in Wisconsin punishable by six months in jail and/or a fine of $1,000, with conditional release possible. Second and subsequent offenses are felonies, as is manufacture, distribution, delivery, or possession of any amount of marijuana with intent to distribute. Conviction of any drug offense causes suspension of the driver's license for six months to five years. Possession of cocaine is punished with one-year imprisonment and up to a $5,000 fine. Subsequent possession offenses are Class I felonies. Distributing cocaine ranges from a Class G felony for less than one gram to a Class C felony for more than 40 grams. Sale to minors doubles the penalties, and sale within 1,000 feet of [Page 851]a school results in a mandatory three-year prison sentence without the possibility of parole.

Possession of heroin is a Class I felony, and distributing heroin ranges from a Class F felony to a Class C felony. As with cocaine distribution, selling to a minor or within 1,000 feet of a school results in additional penalties.

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