For a listing of additional agencies that provide services for Alcohol and Other Drug Abuse (AODA) treatment
in Brown County, please go to:
http://www.co.brown.wi.us/departments/page_41c5d4bc0236/?department=db50c2508c43&subdepartment=1df
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LAWS RELATING TO ALCOHOL AND CONTROLLED SUBSTANCES
Wisconsin Drug and Alcohol Laws. The Uniform Controlled Substances Act, Chapter 961 of the Wisconsin
Statutes, prohibits certain conduct relating to controlled substances and provides substantial criminal penalties
for offenders. Penalties vary according to the type of drug involved, the amount of drug confiscated, the number
of previous convictions, and the presence of any aggravating factors. A first-time conviction for possession of a
controlled substance can result in a sentence of up to one year in prison and a 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