Wisconsin Legislature: 448,244

961.36 Diversion control and prevention. (1) The controlled substances board shall regularly prepare and make available to state regulatory, licensing and law enforcement agencies descriptive and analytic reports on the potential for diversion and actual diversion patterns and trends of distribution, diversion and abuse within the state of certain controlled substances the board selects that are listed in s. 161.16, 161.18, 161.20 or 161.22 961.16, 961.18, 961.20 or 961.22.

(2) The controlled substances board shall enter into written agreements with other local, state or and federal agencies to improve the identification of sources of diversion and to improve enforcement of and compliance with this chapter and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent or control drug diversion and drug abuse. The board shall convene periodic meetings to coordinate a state diversion prevention and control program. The board shall assist and promote coordination of cooperation and exchange of information among agencies responsible for ensuring compliance with controlled substances law, to monitor observance of these laws and to monitor cooperation between the agencies and with other states and the federal government.

(3) The controlled substances board shall evaluate the outcome of its program under this section and shall annually submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (3), on its findings with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances.

961.38 (1r) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance included in schedule II may be dispensed without the written prescription of a practitioner.

961.38 (2) In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 161.31 961.31. No prescription for a schedule II substance may be refilled.

961.38 (4) A controlled substance included in schedule V shall not may be distributed or dispensed other than only for a medical purpose, including medical treatment or authorized research.

961.39 (3) (b) The indicated use of the controlled substance classified included in schedule III, IV or V so prescribed.

961.41 (1) (title) Manufacture, distribution or delivery. Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to:

(a) Except as provided in par. (d), a controlled substance classified included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 years or both ;.

(b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance classified included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 years or both;.

(cm) A controlled substance under s. 161.16 (2) (b) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount manufactured, distributed or delivered is:

1. If the amount manufactured or delivered is 5 Five grams or less, the person shall be fined not more than $500,000 and shall may be imprisoned for not more than 10 years.

2. If the amount manufactured or delivered is more More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

3. If the amount manufactured or delivered is more More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.

4. If the amount manufactured or delivered is more More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.

5. If the amount manufactured or delivered is more More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

(d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount manufactured, distributed or delivered is:

1. If the amount manufactured or delivered is 3 Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 years.

2. If the amount manufactured or delivered is more More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 years.

3. If the amount manufactured or delivered is more More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

4. If the amount manufactured or delivered is more More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

5. If the amount manufactured or delivered is more More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

6. If the amount manufactured or delivered is more More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

(e) Phencyclidine, amphetamine or, methamphetamine or a controlled substance under s. 161.14 (7) (L) methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount manufactured, distributed or delivered is:

1. If the amount manufactured or delivered is 3 Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

2. If the amount manufactured or delivered is more More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

3. If the amount manufactured or delivered is more More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

4. If the amount manufactured or delivered is more More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

5. If the amount manufactured or delivered is more More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

6. If the amount manufactured or delivered is more More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

(f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if the amount manufactured, distributed or delivered is:

1. If the amount manufactured or delivered is one One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

2. If the amount manufactured or delivered is more More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

3. If the amount manufactured or delivered is more More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

(g) Psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if the amount manufactured, distributed or delivered is:

1. If the amount manufactured or delivered is 100 One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 years.

2. If the amount manufactured or delivered is more More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

3. If the amount manufactured or delivered is more More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

(h) Tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if the amount manufactured, distributed or delivered is:

1. If the amount manufactured or delivered is 500 Five hundred grams or less, or 10 marijuana or fewer plants or less containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 years.

2. If the amount manufactured or delivered is more More than 500 grams but not more than 2,500 grams, or more than 10 marijuana plants containing tetrahydrocannabinols but not more than 50 marijuana plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 years.

3. If the amount manufactured or delivered is more More than 2,500 grams, or more than 50 marijuana plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 years.

(i) A substance classified included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both;.

(j) A substance classified included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.

961.41 (1m) (title) Possession with intent to manufacture, distribute or deliver. Except as authorized by this chapter, it is unlawful for any person to possess, with intent to manufacture, distribute or deliver, a controlled substance or a controlled substance analog. Intent under this subsection may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substances possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the controlled substance or a controlled substance analog prior to and after the alleged violation. Any person who violates this subsection with respect to:

(a) Except as provided in par. (d), a controlled substance classified included in schedule I and or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 years or both ;.

(b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance classified included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 years or both;.

(cm) A controlled substance under s. 161.16 (2) (b) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

1. If the amount possessed, with intent to manufacture or deliver, is 5 Five grams or less, the person shall be fined not more than $500,000 and shall may be imprisoned for not more than 10 years.

2. If the amount possessed, with intent to manufacture or deliver, is more More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

3. If the amount possessed, with intent to manufacture or deliver, is more More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.

4. If the amount possessed, with intent to manufacture or deliver, is more More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.

5. If the amount possessed, with intent to manufacture or deliver, is more More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

(d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

1. If the amount possessed, with intent to manufacture or deliver, is 3 Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 15 years.

2. If the amount possessed, with intent to manufacture or deliver, is more More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 15 years.

3. If the amount possessed, with intent to manufacture or deliver, is more More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

4. If the amount possessed, with intent to manufacture or deliver, is more More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

5. If the amount possessed, with intent to manufacture or deliver, is more More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

6. If the amount possessed, with intent to manufacture or deliver, is more More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

(e) Phencyclidine, amphetamine or, methamphetamine or a controlled substance under s. 161.14 (7) (L) methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

1. If the amount possessed, with intent to manufacture or deliver, is 3 Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 years.

2. If the amount possessed, with intent to manufacture or deliver, is more More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

3. If the amount possessed, with intent to manufacture or deliver, is more More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

4. If the amount possessed, with intent to manufacture or deliver, is more More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 years.

5. If the amount possessed, with intent to manufacture or deliver, is more More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

6. If the amount possessed, with intent to manufacture or deliver, is more More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

(f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

1. If the amount possessed, with intent to manufacture or deliver, is one One gram or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 years.

2. If the amount possessed, with intent to manufacture or deliver, is more More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

3. If the amount possessed, with intent to manufacture or deliver, is more More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

(g) Psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

1. If the amount possessed, with intent to manufacture or deliver, is 100 One hundred grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 years.

2. If the amount possessed, with intent to manufacture or deliver, is more More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 years.

3. If the amount possessed, with intent to manufacture or deliver, is more More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

(h) Tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

1. If the amount possessed, with intent to manufacture or deliver, is 500 Five hundred grams or less, or 10 marijuana or fewer plants or less containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 years.

2. If the amount possessed, with intent to manufacture or deliver, is more More than 500 grams but not more than 2,500 grams, or more than 10 marijuana plants containing tetrahydrocannabinols but not more than 50 marijuana plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 years.