Illegally selling prescription drugs is a serious crime in Wisconsin, with commensurately serious consequences. By knowing Wisconsin’s criminal laws for prescription drug sales, you are better equipped to pursue a defense strategy to seek a favorable outcome to your charges.
Understanding Criminal Charges for Prescription Drug Sales
Under Wisconsin law, a person may face criminal charges for engaging in certain prohibited activities involving prescription drugs, such as:
- Obtaining or attempting to obtain a prescription drug through fraud, deceit, willful misrepresentation, forgery/alteration of a prescription, willful concealment of material facts, or use of a false name or address
- Willfully making a false statement in a prescription order
- Falsely representing oneself as a manufacturer, distributor, pharmacist, pharmacy technician, or licensed healthcare practitioner
- Making or submitting any false or forged prescription order
- Willfully affixing a false or forged label to a package or receptacle containing prescription drugs
- Possessing a prescription drug with intent to manufacture or deliver
- Possessing a prescription drug without having lawfully obtained it
- Giving anything of value to a licensed healthcare practitioner to induce them to obtain any equipment or access to a service that one can use to transmit a prescription order
Criminal Penalties
Violating the criminal prohibitions on prescription drug sales may result in the imposition of a criminal sentence that includes a fine of up to $500, up to six months of incarceration, or both incarceration and a fine. However, suppose a person delivers a prescription drug or possesses a prescription with intent to manufacture or deliver in violation of Wisconsin’s prescription drug laws. In that case, they may face a Class H felony charge, which can impose a penalty of up to six years in prison, a fine of up to $10,000, or both imprisonment and a fine.
Long-Term Consequences
A person convicted of a prescription drug offense may face other long-term consequences beyond a criminal sentence. For example, healthcare practitioners like physicians or pharmacists may face suspension or revocation of their license following a conviction. A conviction will also result in a criminal record that may follow them for years after their offense, complicating the process of seeking housing, employment, educational, or financial opportunities.
Defenses to Prescription Drug Sale Charges
Defendants facing prosecution for prescription drug sales may have various defense strategies they can pursue to fight their charges, including:
- Challenging the sufficiency of the evidence proving their actual or constructive possession of prescription drugs
- Arguing they lawfully purchased or sold prescription drugs under Wisconsin law
- Arguing they lacked the statutorily required mental intent to commit the charged offense
- Challenging the admissibility of the prosecution’s evidence by arguing that police obtained it through an unlawful search or interrogation
Contact a Drug Defense Attorney Today
If you’ve been arrested and charged with illegal prescription drug sales, you need experienced legal advocacy to protect your rights, reputation, and future. Contact J. Kippa Law Office LLC today for a confidential consultation with a drug defense lawyer to discuss your legal options for seeking a favorable resolution to your charges.
