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.
448,238 Section 238. 161.38 (3) of the statutes is renumbered 961.38 (3).
448,239 Section 239. 161.38 (4) of the statutes is renumbered 961.38 (4) and amended to read:
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.
448,240 Section 240. 161.38 (5) of the statutes is renumbered 961.38 (5).
448,241 Section 241. 161.39 of the statutes is renumbered 961.39, and 961.39 (3) (b), as renumbered, is amended to read:
961.39 (3) (b) The indicated use of the controlled substance classified included in schedule III, IV or V so prescribed.
448,242 Section 242. Subchapter IV (title) of chapter 161 [precedes 161.41] of the statutes is renumbered subchapter IV (title) of chapter 961 [precedes 961.41].
448,243 Section 243. 161.41 (title) of the statutes is renumbered 961.41 (title).
448,244 Section 244. 161.41 (1) of the statutes is renumbered 961.41 (1) and amended to read:
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.
448,245 Section 245. 161.41 (1m) of the statutes is renumbered 961.41 (1m) and amended to read:
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.
3. If the amount possessed, with intent to manufacture or deliver, 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.
448,246 Section 246. 161.41 (1p) (a) (intro.) of the statutes is repealed.
448,247 Section 247. 161.41 (1p) (a) 1. of the statutes is renumbered 961.01 (20h).
448,248 Section 248. 161.41 (1p) (a) 2. of the statutes is renumbered 961.01 (21m).
448,249 Section 249. 161.41 (1p) (b) of the statutes is renumbered 961.492, and 961.492 (intro.) and (1), as renumbered, are amended to read:
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