Question 1

How is carfentanil different from fentanyl under this law?

Accepted Answer

While both are dangerous synthetic opioids, Act 100 creates a specific statutory path for carfentanil. Both substances are now subject to similar "mixture" weight rules and penalty enhancers, but carfentanil's inclusion in these specific sections ensures prosecutors have a direct route to high-level felony charges.

Question 2

Can I be charged with a Class C felony for a mixture that is mostly caffeine or sugar?

Accepted Answer

Yes. If carfentanil is detected in the mixture, the entire weight of the "diluent" or "compound" is used to reach the 50-gram threshold for a Class C felony.

Question 3

Does this law affect simple possession charges?

Accepted Answer

Act 100 primarily focuses on the manufacture, distribution, and possession with intent to deliver. However, the presence of carfentanil in any drug case significantly changes how a case is viewed by both prosecutors and judges during sentencing.

Question 4

What is a "controlled substance analog"?

Accepted Answer

An analog is a substance that is "substantially similar" in chemical structure or effect to a controlled substance. Act 100 ensures that if someone tries to bypass the law by using a slightly altered version of carfentanil, they face the same stiff penalties.

Uncategorized

Wisconsin Act 100: New Law Increases Penalties for Carfentanil Offenses