Wisconsin Statutes
Wis. Stat. § 961.573 (2026)
Possession of drug paraphernalia
✓ current as of July 2026
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961.573(1)(1) No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
961.573(2)(2) Any person who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).
961.573(3)(a)(a) No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter.
961.573(3)(b)1.1. Except as provided in subd. 2., any person who violates par. (a) is guilty of a Class H felony.
961.573(3)(b)2.2. Any person who is 18 years of age or older and who violates par. (a) while in the presence of a child who is 14 years of age or younger is guilty of a Class G felony.
961.573 HistoryHistory: 1989 a. 121; 1991 a. 39, 140; 1995 a. 27, 77; 1995 a. 448 ss. 312 to 314, 492; Stats. 1995 s. 961.573; 1999 a. 129; 2001 a. 109; 2005 a. 263.
Notes of Decisions
Cited in 35
cases (9 in the last 5 years), 1999–2026 · leading case: State v. Denk, 2008 WI 130 (Wis. 2008).
State v. Denk, 2008 WI 130 (Wis. 2008). “He stated that there was no factual basis for charging him with one felony count of possession of methamphetamine paraphernalia under Wis. Stat. § 961.573 (3). He argued that he could not have been convicted of the charge, and thus, the district attorney's offer to drop the…”
State v. Steven T. Delap, 913 N.W.2d 175 (Wis. 2018). “41(1) and possession of drug paraphernalia in violation of Wis. Stat. § 961.573 (1), both as a repeater.”
Jones v. State, 594 N.W.2d 738 (Wis. 1999). “Jones was also charged in Dane County Circuit Court with possession of drug paraphernalia as a repeater in violation of Wis. Stat. §§ 961.573 (1) and 939.62. Jones filed a handwritten motion for return of all money and property confiscated from him, and for dismissal of the drug…”
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “41 (3g)(e); possession of drug paraphernalia, contrary to Wis. Stat. § 961.573 (1); and resisting an officer, contrary to Wis.”
State v. Williams, 2016 WI App 82 (Wis. Ct. App. 2016). “41(3g)(am); one count of possession of drug paraphernalia, as a party to the crime, under Wis. Stat. § 961.573 (1); and four counts of bail jumping under Wis.”
State v. Charles v. Matalonis, 2016 WI 7 (Wis. 2016). “PROCEDURAL BACKGROUND ¶21 On January 17, 2012, the State filed a criminal complaint against Matalonis, charging him with possession of drug paraphernalia, contrary to Wis. Stat. § 961.573 (1) (2011- 18 Officer Ruha testified that he was accompanied by his sergeant, who,…”
State v. Myron C. Dillard, 2014 WI 123 (Wis. 2014). “After determining that Denk was satisfied with his attorney's services and that Denk's plea was knowing and voluntary, the court accepted Denk's no contest plea and placed Denk on probation, with five months in the county jail as a condition of probation. Id., ¶22.”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “The initial criminal complaint charged Polk with one count of burglary of a building or dwelling - as a party to a crime, contrary to Wis.”
State v. Richter, 2000 WI 58 (Wis. 2000). “41(3g)(e); and one count of possession of drug paraphernalia contrary to Wis. Stat. § 961.573 (1). The charges were later upgraded to allege repeater status (second offense).”
State v. Sloan, 2007 WI App 146 (Wis. Ct. App. 2007). “42 ; possession of drug paraphernalia, violating Wis. Stat. § 961.573 (1); and manufacture of marijuana, violating § 961.”
State v. Kearney W. Hemp, 2014 WI 129 (Wis. 2014). “41 (3g)(e) (2011-12), and possession of drug paraphernalia, contrary to Wis. Stat. § 961.573 (1) (2011-12). Realizing the Milwaukee County Class I felony conviction (possession with intent to deliver THC, 200 grams or less) had not been expunged, as the conviction was the basis…”
State v. Frey, 2012 WI 99 (Wis. 2012). “41 (3g)(e); and (4) possession of drug paraphernalia, contrary to Wis. Stat. § 961.573 (1). ¶ 14. At the initial appearance on April 21, 2009, the court found probable cause, reduced bail to $100,000 cash, and set the preliminary examination date.”
— Wis. Stat. § 961.573(1) — 7 cases
State v. Cain, 2012 WI 68 (Wis. 2012).
State v. Sloan, 2007 WI App 146 (Wis. Ct. App. 2007). “42 ; possession of drug paraphernalia, violating Wis. Stat. § 961.573 (1); and manufacture of marijuana, violating § 961.”
State v. Joseph Gonzales (Wis. Ct. App. 2021).
State v. Alec D. Alford (Wis. Ct. App. 2022).
State v. John R. Phelan (Wis. Ct. App. 2025).
— Wis. Stat. § 961.573(3) — 1 case
State v. Denk, 2008 WI 130 (Wis. 2008). “He stated that there was no factual basis for charging him with one felony count of possession of methamphetamine paraphernalia under Wis. Stat. § 961.573 (3). He argued that he could not have been convicted of the charge, and thus, the district attorney's offer to drop the…”
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