Selling Prescription Drugs in Wisconsin – Carlos Gamino

By Carlos Gamino

Selling prescription drugs is a crime in Wisconsin (unless, of course, you’re a licensed pharmacist and you’re selling them to someone with a prescription). And because the country is the middle an actual opioid epidemic, you’re not likely to get much sympathy out of the legal system if you’re convicted. In fact, even possessing prescription drugs that don’t belong to you is a crime.

So what happens if you’re caught dealing prescription drugs?

Selling Prescription Drugs in Wisconsin

All controlled substances are regulated under the Uniform Controlled Substances Act, which says, “Persons who illicitly traffic commercially in controlled substances constitute a substantial menace to the public health and safety. The possibility of lengthy terms of imprisonment must exist as a deterrent to trafficking by such persons.” In plain English, that means they really want to throw the book at you if you’re convicted – both as a way to deter you and others from selling prescription drugs and to protect the public from drug abuse.

Common Prescription Drugs Sold in Wisconsin

Some of the most common prescription drugs sold on the streets in Milwaukee and other Wisconsin communities include:

  • Adderall
  • Ambien
  • Ativan
  • Concerta
  • Fentanyl
  • Opana
  • OxyContin
  • Percocet
  • Ritalin
  • Valium
  • Vicodin

This isn’t a complete list. In fact, there are dozens of other prescription drugs that people buy and sell on the streets. You can get a complete list here.

What Are the Penalties for Selling Prescription Drugs?

When you’re caught possessing with the intent to distribute prescription drugs, you could be facing serious penalties. Because these are felonies, you’re looking at time in prison plus hefty fines. Typically, the drug involved (and the amount of the drug) determines the class of felony and possible punishments you’ll face. Here’s a quick breakdown, and if you know which class of felony you’ve been charged with, you can explore the different criminal penalties in Wisconsin.


  • 3 grams of less is a Class F felony
  • 3 to 10 grams is a Class E felony
  • 10 to 50 grams is a Class D felony
  • 50 or more grams is a Class C felony

Schedule I and Schedule II Narcotics

  • Class E felony

Schedule I, Schedule II or Schedule III Non-Narcotics

  • Class H felony

Schedule IV Controlled Substances

  • Class H felony

Schedule V Controlled Substances

  • Class I felony

What if You’re Accused of Selling Prescription Drugs?

If you’re charged with possession with intent to distribute, we may be able to help you. Call our office right away at 414-383-6700 for a free consultation with a drug crime lawyer. We’ll answer all your questions and start building a strategy that gets you the best possible outcome.

Carlos Gamino