Maintaining a Drug Trafficking Place in Wisconsin
Charged with maintaining a drug trafficking place in Wisconsin? This felony charge focuses on control of a location, not just possession of drugs, and is frequently paired with other serious drug offenses. Contact Chirafisi Anderson, S.C. for a free and confidential consultation.
What the Law Says About Maintaining a Drug Trafficking Place
Under Wis. Stat. § 961.42, it is illegal to knowingly keep or maintain a place that is used in connection with illegal drug activity. The statute applies to a wide range of locations, including homes, apartments, vehicles, businesses, storage units, and other structures or places.
Importantly, this offense is not about whether drugs were found on a person. Instead, the focus is whether the defendant exercised management or control over a place and knew it was being used for prohibited drug activity. Wisconsin law recognizes two distinct theories under this statute, both of which are charged as Class I felonies.
At Chirafisi Anderson, S.C., our attorneys represent individuals charged with maintaining drug trafficking places throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties. These cases often turn on control, duration, and knowledge—issues that require early, aggressive defense work.
Key Points About § 961.42 Charges
- Ownership of the place is not required.
- The State must prove management or control over the location.
- A single, isolated incident is often insufficient.
- Knowledge of the drug-related use of the place is required.
- The charge focuses on the place—not the amount of drugs involved.
The Two Ways the State Can Prove This Charge
Wisconsin law allows prosecutors to pursue this charge under two separate theories, each with different proof requirements.
Theory One: Maintaining a Place Used for Drug Use
To obtain a conviction for maintaining a place used for drug use, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 6037A:
Under Wisconsin law, the State must prove the following:
- Management or control: The defendant kept or maintained a place by exercising management or control over it.
- Resorted to for drug use: The place was used by others for the purpose of using controlled substances.
- Knowledge: The defendant knew the place was being used for drug use in violation of Chapter 961.
This theory is commonly charged in cases involving residences or apartments where others allegedly gather to use drugs. The State must prove more than mere presence or occasional use—there must be evidence the place was knowingly maintained for that purpose.
Theory Two: Maintaining a Place Used for Manufacturing, Keeping, or Delivering Drugs
To convict someone of maintaining a place used for manufacturing, keeping, or delivering drugs, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 6037B:
- Management or control: The defendant exercised control over the place.
- Drug activity: The place was used for manufacturing, warehousing (“keeping”), or delivering a controlled substance.
- Knowledge: The defendant knew the place was being used for that drug-related purpose.
“Keeping” requires more than simple possession. Wisconsin courts have held that it means warehousing or storage for future manufacture or delivery, not merely transporting drugs or temporarily possessing them.
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Penalties and Sentencing for Maintaining a Drug Trafficking Place
Both maintaining a place used for drug use and for manufacturing, keeping or delivering drugs is a Class I felony punishable by:
- Up to 3.5 years in prison (1.5 years initial confinement + 2 years extended supervision), and
- A fine up to $10,000.
Although the felony classification is fixed, sentencing outcomes vary significantly depending on the facts.
Sentencing Exposure and Judicial Considerations
When sentencing on a § 961.42 conviction, judges often consider:
- The type of place involved (home, vehicle, business, rental property)
- The duration of the alleged drug-related use
- Whether the allegation is use-based or trafficking-based
- The defendant’s level of control and involvement
- Whether other drug charges are pending or dismissed
- Criminal history and supervision status
Because this charge is frequently used as leverage in multi-count drug prosecutions, early defense strategy can significantly affect sentencing exposure.
Important Legal Limits on This Charge
Wisconsin courts have placed meaningful limits on how far maintaining a drug dwelling can be stretched:
- More than possession required: In State v. Brooks, the court held that “keeping” must involve warehousing or storage, not mere possession.
- Transportation is not enough: In State v. Slagle, the court ruled that using a vehicle on a single occasion to transport drugs did not constitute maintaining a drug trafficking place.
These cases are critical in defending charges involving vehicles, short-term use, or limited evidence of control.
Defenses and Legal Strategies for Maintaining a Drug Dwelling Charges
Defenses and Legal Strategies for Maintaining a Drug Dwelling Charges
These cases are often won by narrowing the State’s theory early.
Why Hiring a Drug Defense Lawyer Matters
Maintaining a drug trafficking place is a serious felony that often carries consequences beyond traditional drug possession charges. These cases require a deep understanding of how Wisconsin courts interpret “keeping,” “maintaining,” and “knowledge.” The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to challenge weak theories and protect your rights.
Contact Chirafisi Anderson, S.C.
If you are under investigation or charged with maintaining a drug trafficking place, early involvement of counsel can make a decisive difference. Contact us today for a free and confidential consultation.