fine of up to $ 5,000. Sec. 961.41( 3g), Wis. Stats. A person convicted of manufacturing a controlled substance, delivering a controlled substance, or possessing a controlled substance with intent to manufacture or deliver, can be imprisoned for up to 30 years and fined up to $ 1,000,000. Sec. 961.41( 1) and( 1m), Wis. Stats. The distribution of a controlled substance to a minor can lead to the increase of the applicable maximum term of imprisonment prescribed under 961.41( 1) by not more than five years. Sec. 961.46, Wis. Stats.
Wisconsin also has substantial criminal sanctions that restrict the use of alcohol in various situations. It is unlawful to procure for, sell, dispense or give alcohol to anyone who has not reached the legal drinking age of 21 years. Sec. 125.07( 1)( a)( 1), Wis. Stats. Every adult has a legal obligation to prevent the illegal consumption of alcohol on premises owned by the adult or under the adult’ s control. Sec. 125.07( 1)( a)( 3), Wis. Stats. A first-time violator of either of the above subsections can be fined up to $ 500.
It is against the law for an underage person to procure or attempt to procure an alcoholic beverage, to falsely represent his or her age for the purpose of obtaining alcohol, to enter premises licensed to sell alcohol, or to consume or possess alcohol on licensed premises. Sec. 125.07( 4)( a), Wis. Stats. A first-time underage violator of Section 125.07( 4)( bs), Wis. Stats., can be fined up to $ 500, ordered to participate in a supervised work program, and have their driver’ s license suspended.
Federal Laws Relating to Controlled Substances. There are numerous federal laws prohibiting various conduct relating to controlled substances. These laws also provide substantial penalties, including:
21 U. S. C. 844( a) 1st conviction: Up to one year imprisonment and fined at least $ 1,000. After one prior drug conviction:
At least 15 days in prison, not to exceed two years and fined at least $ 2,500. After two or more prior drug convictions:
At least 90 days in prison, not to exceed three years and fined at least $ 5,000.
21 U. S. C. 853( a)( 2) and 881( a)( 7) Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment.( See special sentencing provisions re: crack, above.)
21 U. S. C. 881( a)( 4) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.
21 U. S. C. 844a Civil fine of up to $ 10,000.
21 U. S. C. 862 Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.
In addition, the United States Sentencing Guidelines establish mandatory minimum penalties for categories of drug offenses and provide for penalty enhancements in specific cases. Under these federal guidelines, courts can sentence a person for up to six years for unlawful possession of a controlled substance, including the distribution of a small amount( less than 250 grams) of marijuana; a sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury and, possession of more than five grams of cocaine can trigger an intent to distribute penalty of 10- 16 years in prison.
CLERY ACT ANNUAL CRIME REPORT DEFINITIONS Aggravated Assault An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
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