Laws involving controlled substances
On behalf of J. Kippa Law, LLC | October 5, 2017
Under Wisconsin statutes, a controlled substance is an illegal drug that could potentially cause a person harm. Both state and federal governments have the ability to regulate controlled substances, meaning those who are accused of being in possession of controlled substances can face legal punishments at either or both levels.
Although the Controlled Substances Act of 1970 is a federal law, states do have some flexibility when it comes to whether or not they enforce it. Most states have adopted the Uniform Controlled Substances Act of 1973, which means that these states have adopted the provisions of the CSA. In some cases, some states have laws that are even stricter than the CSA and 30 states allow for the government to legally seize some assets when a person is criminally prosecuted.
Under federal law, it is illegal to manufacture, dispense, distribute, possess or attempt to conspire to commit drug crimes involving counterfeit or controlled substances. Those who are in possession of any drug listed under the CSA schedules could face a fine or imprisonment. However, state laws that regulate controlled substances can vary in the types and severity of punishments that are imposed.
People who have been issued drug charges face certain legal consequences that can have a major impact on their futures if they are convicted. They could receive a prison sentence, be required to pay hefty fines and have some of their assets seized by the government. A criminal defense attorney could review the case to see if authorities violated the defendant’s constitutional rights during the search that led to the seizure of the drugs. If that can be established, the evidence could potentially be excluded.