Answer: In Wisconsin, there’s a few different common opioid offenses. The most common would be the possession of opiates, it could be a Schedule I or Schedule II narcotic, or specifically heroin. But these include actual possession of the drugs themselves. Some prosecutors will also charge the same charge, the possession of the drugs, for a situation where a person has overdosed or had some adverse reaction. Meaning, that person comes into contact with the police, they don’t actually have a bag of drugs or something like that on them, but if they have evidence that the person used the drugs and they’re still in their system and so on, they could be facing a felony charge for that.
There’s also the possibility that a user of opiates could be charged with possession of drug paraphernalia, which is actually a lower offense, it’s classified as a misdemeanor and carries much lighter penalties than possession of the drugs themselves.
Finally, you have higher-level offenses, and these basically include the delivery of the controlled substance, so either selling it or giving it to another person is a much higher class of felony, or the possession of a substance with the intent to deliver it. So if they have reason to believe that you are in possession of drugs with the intent to give them or sell them to another person, even if you haven’t actually done that yet, just the intention can make it a much higher classification as well.