Did you know that according to Wisconsin statutes, even if you are selling or delivering a harmless substance, if you are marketing it as a controlled substance it is a crime? Even if you only imply and never state that something is a controlled substance, law enforcement can arrest you and you might be subject to fines and jail time.

Here is an overview of what evidence law enforcement needs to arrest you for this kind of crime and what consequences you might expect.

Manufacturing or distributing imitation controlled substances

Law enforcement needs to prove that you knowingly participated in or planned to participate in the marketing, sale or delivery of an imitation controlled substan09.ce or that you knew that the party you were providing the noncontrolled substance to was planning to display, market or distribute the noncontrolled substance as a controlled substance. The State can use any of the following as proof of intent:

  • The noncontrolled substance looks the same as the controlled substance
  • The fabricator or seller sets a price that is significantly more than the actual substance is worth
  • The fabricator or distributor packages the substance in a significantly similar way to the controlled substance
  • The substance has no label that follows proper U.S. codes and regulations for the substance

Consequences 

If the State convicts you of manufacturing, selling or dispensing a noncontrolled substance, either directly to a consumer who thinks it is a controlled substance or to another party intending to market it as a controlled substance, you could be subject to fines up to $500 and up to six months of jail time.