Do You Need a Racine or Kenosha Drug Defense Attorney?
In Wisconsin, drug charges range from misdemeanor marijuana possession to high-level felonies involving Fentanyl, Cocaine, or Methamphetamine. Whether you are facing charges for simple possession or “Possession with Intent to Deliver” (PWID), the penalties in Racine County are severe and can include mandatory prison time. At Cafferty & Scheidegger, we focus on identifying unlawful search and seizure violations to challenge the prosecution’s evidence and protect your freedom.
Wisconsin law does not go easy on drug crimes. For many controlled substances, possession of any quantity is a felony, with the class of felony based upon the substance involved. A first conviction of simple possession of certain drugs, such as marijuana, LSD or methamphetamine, may be a misdemeanor. But a second or subsequent offense is a Class I felony and carries a fine of up to $10,000, imprisonment up to 3 ½ years, or both.
If you are facing drug charges of any kind, felony or misdemeanor, in state or federal court, it is important to consult with an experienced drug crime lawyer as soon as possible. At Cafferty & Scheidegger, S.C., we work hard to keep you out of jail, to protect your rights and to avoid a conviction on your record. With a track record of hundreds of successful drug defense cases, the attorneys at Cafferty & Scheidegger have a reputation for excellence among clients, judges and prosecutors throughout southeastern Wisconsin.
The Governing Wisconsin Statute
Wisconsin’s controlled-substance law lives in Chapter 961, known as the Uniform Controlled Substances Act. The schedules at § 961.14 classify drugs into five categories, and § 961.41 sets the prohibited acts and penalty tiers.
For a conviction under § 961.41, the State must prove the accused knowingly possessed, manufactured, delivered, or possessed with intent to deliver a controlled substance. The felony class depends on the schedule of the drug and the quantity involved. Federal prosecutions for the same conduct proceed under 21 U.S.C. § 841, with additional exposure for conspiracy under 21 U.S.C. § 846.
Knowledge is often the weakest part of the State’s case in possession matters. Suppression of evidence obtained through an unlawful search is the strongest defense tool in distribution matters. Both turn on careful review of the police file and any warrant applications behind it.
What drug charge are you actually fighting?
Drug-defense strategy changes with the charging theory. A possession case is usually about the search and knowing control. A possession-with-intent case adds weight, packaging, money, messages, and officer opinion. A federal case adds conspiracy exposure, sentencing-guideline pressure, and broader investigative tools.
Simple possession
Possession under § 961.41(3g) requires knowing possession of a controlled substance. Shared vehicles, shared bedrooms, borrowed bags, and constructive-possession assumptions are often the pressure points.
Possession with intent
PWID under § 961.41(1m) is always felony-level. Weight matters, but intent is a separate element. We test whether the facts prove distribution or only possession.
Federal drug conspiracy
Federal prosecutors use 21 U.S.C. § 841 and § 846 when investigators allege distribution or conspiracy. See our federal drug conspiracy defense page.
- Separate possession, PWID, delivery, manufacturing, paraphernalia, and conspiracy before negotiating.
- Challenge traffic stops, warrants, consent searches, K-9 alerts, probation searches, and phone downloads.
- Check lab reports for substance identity, schedule, usable amount, weight, and chain of custody.
- Link related substance pages early: marijuana, cocaine, methamphetamine, heroin, and prescription drugs.
How drug cases move in Racine, Kenosha, and Walworth counties
Drug cases usually turn on the first police decision that exposed the evidence: traffic stop, warrant, consent search, probation search, K-9 sniff, controlled buy, or phone download. The county matters because charging practices, diversion options, treatment alternatives, and suppression motion calendars are not identical.
Racine County
Racine drug cases often involve city police, sheriff interdiction, informant work, or vehicle searches near I-94, Highway 20, and Washington Avenue. Defense starts with the stop, search authority, lab chain of custody, and whether a treatment-centered outcome can avoid a felony conviction. See the Racine County criminal court guide.
Kenosha County
Kenosha prosecutions frequently involve I-94, Illinois border issues, Pleasant Prairie, and multi-agency investigations. We look closely at out-of-state vehicle searches, canine reliability, constructive possession, and whether the facts create state-only exposure or federal risk. See the Kenosha County criminal court guide.
Walworth County
Walworth cases are heard in Elkhorn and often come from Lake Geneva, Delavan, Whitewater, Highway 12, and I-43 enforcement. Young defendants, college cases, and tourism-area stops need early review for diversion, treatment, and expungement positioning under § 973.015. See the Walworth County criminal court guide.
- Challenge the stop, warrant, consent, probation search, or K-9 sniff before negotiating.
- Force the State to prove knowing possession, especially in shared homes and vehicles.
- Review lab reports, chain of custody, weight, schedule, and intent-to-deliver evidence.
- Protect record options through diversion, reduction, treatment, or Wisconsin expungement strategy when available.
Understand Drug Crimes & Charges
Whether possession of a controlled substance is charged as a misdemeanor or a felony depends on several factors:
- The type of drug
- Any prior convictions
- The quantity of the substance involved
- The element of intent to manufacture, distribute or deliver
Wisconsin law divides controlled substances into five categories, or “schedules,” with Schedule I drugs having the highest potential for abuse and Schedule V drugs having the lowest.
Regardless of their schedule, certain drugs are listed separately with specific penalties. A first conviction of simple possession of any of the following is a misdemeanor:
- Marijuana
- LSD
- PCP
- Amphetamine
- Methamphetamine
- Methcathinone
- Psilocin
- Psilocybin
However, simple possession in any amount of any Schedule I or Schedule II narcotic is a felony, with or without a prior conviction. That category includes:
- Heroin
- Morphine
- Cocaine
- Codeine
- Opium
- Methadone
Quantity of Drug Matters
Police sometimes charge individuals with possession with intent to distribute - a much more serious charge than simple possession - when no selling or distributing has occurred, based on the quantity of the drug involved. The prosecution will argue that the quantity in itself is evidence of intent to distribute. Our defense lawyer will argue that it is not.
Under state law, possession of a controlled substance with intent to manufacture, distribute or deliver is always a felony. The class of felony and possible penalties depend on the type and quantity of the drug.
With marijuana, or more precisely THC (the hallucinogen it contains), the charges and penalties in Wisconsin are:
- 200 grams or less: Class I felony, up to 3 ½ years of incarceration, fine up to $10,000.
- More than 200 to 1,000 grams: Class H felony, up to 6 years of incarceration, fine up to $10,000.
- More than 1,000 to 2,500 grams: Class G felony, up to 10 years of incarceration, fine up to $25,000.
- More than 2,500 to 10,000 grams: Class F felony, up to 12 ½ years of incarceration, fine up to $25,000.
- More than 10,000 grams: Class E felony, up to 15 years of incarceration, fine up to $50,000.
Related Drug-Defense Practice Areas
The drug-defense category is broad. Specific substances and charging postures we defend:
- Cocaine possession and trafficking, § 961.41 Schedule II, weight tiers Class G through Class C.
- Methamphetamine charges, § 961.41(1)(e) + precursor-chemistry § 961.65.
- Marijuana possession and defense
- Marijuana laws and charges
- Marijuana grow operations
- Heroin-related charges
- Prescription drug charges
- Fight a drug possession charge
- Federal drug conspiracy
- Is weed legal in Wisconsin? (2026 guide)
- Wisconsin expungement and record-clearing strategy
Contact an Experienced Racine and Kenosha Drug Defense Attorney
There are a number of possible legal defenses in drug possession cases. If you are facing these charges, a seasoned drug crime lawyer can make all the difference in the outcome of your case.
Racine and Kenosha drug defense lawyers at Cafferty & Scheidegger have been successfully representing clients in criminal defense matters since 1994. We have helped hundreds of people charged with drug crimes. Our team will work aggressively to keep you out of jail and to keep your record free of a conviction.
