Madison WI Delivery of Controlled Substance Lawyer Attorney

One common misunderstanding with the charge of delivery of a controlled substance is whether it requires proof that the drugs were sold.  Many people think that if there was no money exchanged, it is not a delivery.  This is simply wrong.  There does not need to be money or anything of value exchange to qualify as a delivery of a controlled substance under Wisconsin law.  Delivery of a controlled substance in Wisconsin requires nothing more than the transfer or attempt to transfer from one person to another.

To prove a delivery charge in Wisconsin the state needs to prove first that the defendant delivered a substance.  Second, the state needs to prove that the substance was a controlled substance.  And, third, the state needs to prove that the defendant knew or believed that the substance as a controlled substance. 

The knowledge element is often fertile ground for a defense.  If you delivered something that turned out to be a controlled substance, but did not know that the contents of the package were a controlled substance, you are not guilty of delivery of a controlled substance under Wisconsin law.   It is not necessarily a defense, however, if you thought you were delivering one controlled substance and it turns out to be another controlled substance on the same schedule.

If you face a delivery of a controlled substance charge in Wisconsin, contact Madison drug defense lawyer Robert T. Ruth to review possible defenses in your case.