Bicycle Injury Lawyer, Criminal Defense Lawyer

Milwaukee

230 West Wells Street - Suite 706

Milwaukee, Wisconsin 53203


 

Tel - 414.207.4426

Madison

5976B Executive Drive

Fitchburg, WI 53719


 

Tel - 608.320.6710

 

Possession of Drug Paraphernalia

Drug paraphernalia is often the least of a person's worries as it usually accompanies a possession charge. As a result, paraphernalia charges are frequently dismissed as part of plea deals as they are considered less serious by the prosecutors. There are potential defenses to paraphernalia charges including suppression of evidence of an unlawful search, disputing whether or not the item is actually paraphernalia (example, a cigar/blunt), and fighting over whether or not the item was actually used for drugs.

(1) 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.

(2) Any person who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).
(3)
(a) No person may use, or possess with the primary 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 in violation of this chapter.
1. Except as provided in subd. 2., any person who violates par. (a) is guilty of a Class H felony.
2. Any person who is 18 years of age or older and who violates par. (a) while in the presence of a child who is 14 years of age or younger is guilty of a Class G felony.