It is imperative that the drug laws in Wisconsin remain strict because, WI ranks higher than other states when looking at problem drinking. Some say that drug laws are not a deterrent against the use, but others think that the mandatory drug laws and penalties have helped with the “War on Drugs.” Below, are points that help understand what the laws look like in Wisconsin. There are many combinations of convictions that can change a fine or sentencing because of the many variations, you will see that Wisconsin does have a good combination of both.
Felony Classes and Misdemeanors
There are nine classes of felonies and three classes of misdemeanors listed below (Salm, 2003):
Class A felony, life imprisonment
Class B felony, imprisonment not to exceed 60 years
Class C felony, a fine not to exceed $100,000 of imprisonment not to exceed 40 years, or both.
Class D felony, a fine not to exceed $100,000 of imprisonment not to exceed 25 years, or both.
Class E felony, a fine not to exceed $50,000 of imprisonment not to exceed 15 years, or both.
Class F felony, a fine not to exceed $25,000 of imprisonment not to exceed 12 years and 6 months, or both.
Class G felony, a fine not to exceed $25,000 of imprisonment not to exceed 10 years, or both.
Class H felony, a fine not to exceed $10,000 of imprisonment not to exceed 6 years, or both.
Class I felony, a fine not to exceed $100,000 of imprisonment not to exceed 3 years and 6 months, or both.
Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
OWI Laws
“Drunk Driving” is really not that the person is just being drunk but driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a combination, or any other drug that makes a person less capable of driving safely. OWI stands for “operating while impaired” or “operating while intoxicated.” The law in Wisconsin prohibits driving or operating with a (PAC) prohibited alcohol concentration of .08 for your first, second, or third offense. The legal limit for fourth and more offenses is .02. That really means almost sobriety for anyone under certain poundage. You do not have to be seen driving for an officer to pull you over. OWI laws apply to highways, public areas, and a premise provided by employers but does not included private parking at farms of single-family residences. Fines for first through tenth or more OWI offenses vary from $100.00-100,000.00 and there is a demerit on your license of 6 points for each conviction. Your first OWI may put you in jail for 5 days or the maximum being a vehicular homicide which can carry up to 25 years or 40 years if you’ve had prior convictions. Overall, you can still apply for your occupational license in about 45 days all the way up to your tenth conviction as long as there are less than two convictions in any five year period. Therefore, what does an OWI cost in Wisconsin? According to the University of WI Law School, “Misdemeanor OWI sentences are served in the county jail and will range from five days to one year and include the following approximate expenses: $50 towing, $10 a day impound, $355 driver improvement surcharge, $150 alcohol assessment fee, $40 occupational app fee, $50 license reinstatement fee, $2,500 additional annual insurance costs and $3,000 in attorney fees”, so it can become overwhelmingly costly.
Manufature, Distribute, Delivery or Possession of a Controlled Substance
Penalties related from manufacturing, distributing, or possession charges can go from community service to a class I felony for the keeping of a drug house. Table 1 below shows an example the different offences and penalties for manufacture, delivery, and distribution of cocaine.
OFFENSE AMOUNT PENALTY (FINE/PERIOD OF IMPRISONMENT)∗
1. Manufacture, distribution or delivery of cocaine or cocaine base 1 gram or less Class G felony
More than 1 gram to 5 grams Class F felony
More than 5 grams to 15 grams Class E felony
More than 15 grams to 40 grams Class D felony
More than 40 grams Class C felony
2. Possession of cocaine or cocaine base with intent to manufacture, distribute or deliver 1 gram or less Class G felony
More than 1 gram to 5 grams Class F felony
More than 5 grams to 15 grams Class E felony
More than 15 grams to 40 grams Class D felony
More than 40 grams Class C felony
3. Possession or attempted possession of cocaine or cocaine base __ First conviction: Must be fined not more than $5,000 and may be imprisoned not more than one year in county jail. Second or subsequent offense: Class I felony.

Drug Paraphenelia
Drug paraphernalia is an apparatus or furnishing necessary for an activity. (Dictionary.com, 2012) Therefore, any equipment, products and materials used or intended to use, to grow, produce, package, store, or test may be considered drug paraphernalia. Surprisingly, syringes, needles and other objects meant to inject into the body are not considered as well as objects, papers and accessories intended for use with tobacco products. Penalties related from drug paraphernalia can be no more than $500 or imprisoned for not more than 30 days, or both and if Meth is involved it is a Class H felony, another can be the delivery of drug paraphernalia to a minor is a fine not more than $10,000.00 or imprisoned not more than 9 months, or both.
Mandatory Drug Sentencing Laws
“Mandatory drug sentencing laws came about in the 1980s in the height of the War on Drugs.” (Montaldo, 2012) In Wisconsin, Congressman James Senenbrenner (R-Wis) introduced a bill called, “Defending America’s Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005.” This bill was designed to increase mandatory sentences for specific drug offenses. An adult aged 21 or older supplying or attempting to offer drugs to anyone younger than 18 years of age (first or second offense), the mandatory sentencing can be from 10 years to life in prison. In the bill there are other offenses that can lead to not less than 5 years in prison by distributing or manufacturing near schools, employing children in distribution, and trafficking in the presence of children. This bill was put into effect on April 6, 2005.

This paper just touches on the offenses and penalties that can lead you to the unwanted dealings with the Wisconsin court system. The felony and misdemeanor classes seem sufficient in Wisconsin. I feel that there is a great breakdown between the different penalties with OWI’s. But, I personally think there should be a mandatory ignition interlock device placed after the second OWI conviction. Most manufacturing and delivery penalties are quite strict but I feel it is needed to keep drugs off the streets as much as possible. Drug paraphernalia can be of many sorts but I was very surprised when learning that syringes and needles are not considered drug paraphernalia. Possibly, if you are found with needles without a medical reason they could add an additional charge. Mandatory drug laws in Wisconsin are a great thing as long as the economy stays afloat and does not rid of them. Wisconsin drug laws seem fair but when seeing someone with a conviction of Distributing cocaine and receiving a sentence larger than someone that has been convicted of murder confuses me. There are many confusing laws and I wonder how the courts keep leniency at a minimum and kept strict penalties across the board?