AB817: Bill Text

AB817, s. 224 Section 224. 161.22 (1) (title) of the statutes is repealed.

AB817, s. 225 Section 225. 161.22 (1) of the statutes is renumbered 961.22 (intro.) and amended to read:

AB817,66,3 961.22 (intro.) The Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in this section are included in schedule V.:

AB817, s. 226 Section 226. 161.22 (1m) of the statutes is renumbered 961.22 (1m), and 961.22 (1m) (intro.), as renumbered, is amended to read:

AB817,66,11 961.22 (1m) Narcotic drugs. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, Any material, compound, mixture or preparation containing any quantity of any of the following substances or, including any of their salts, isomers or and salts of isomers, if salts, isomers or salts of isomers exist under that are theoretically possible within the specific chemical designation.:

AB817, s. 227 Section 227. 161.22 (2) of the statutes is renumbered 961.22 (2), and 961.22 (2) (intro.), as renumbered, is amended to read:

AB817,66,21 961.22 (2) Narcotic drugs containing nonnarcotic active medicinal ingredients. (intro.) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

AB817, s. 228 Section 228. 161.23 of the statutes is renumbered 961.23, and 961.23 (4), as renumbered, is amended to read:

AB817,67,4 961.23 (4) That any person purchasing such a substance at the time of purchase present to the seller that person's correct name and address. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and the seller shall sign the record of this transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 161.43 961.43 (1) (a).

AB817, s. 229 Section 229. 161.24 of the statutes is renumbered 961.24 and amended to read:

AB817,67,11 961.24 (title) Republishing Publishing of updated schedules. The controlled substances board shall revise and republish the publish updated schedules annually. The failure of the controlled substances board to publish an updated schedule under this section is not a defense in any administrative or judicial proceeding under this chapter.

AB817, s. 230 Section 230. Subchapter III (title) of chapter 161 [precedes 161.31] of the statutes is renumbered subchapter III (title) of chapter 961 [precedes 961.31].

AB817, s. 231 Section 231. 161.31 of the statutes is renumbered 961.31.

AB817, s. 232 Section 232. 161.32 of the statutes is renumbered 961.32.

AB817, s. 233 Section 233. 161.335 of the statutes is renumbered 961.335, and 961.335 (4) (c), as renumbered, is amended to read:

AB817,67,19 961.335 (4) (c) The controlled substances to be used in the project, by name if included in schedule I, and by name or schedule if included in any other schedule.

AB817, s. 234 Section 234. 161.36 of the statutes is renumbered 961.36 and amended to read:

AB817,68,2 961.36 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.

AB817,68,14 (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.

AB817,68,20 (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.

AB817, s. 235 Section 235. 161.38 (title) of the statutes is renumbered 961.38 (title).

AB817, s. 236 Section 236. 161.38 (1) of the statutes is renumbered 961.38 (1r) and amended to read:

AB817,69,3 961.38 (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.

AB817, s. 237 Section 237. 161.38 (2) of the statutes is renumbered 961.38 (2) and amended to read:

AB817,69,11 961.38 (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.

AB817, s. 238 Section 238. 161.38 (3) of the statutes is renumbered 961.38 (3).

AB817, s. 239 Section 239. 161.38 (4) of the statutes is renumbered 961.38 (4) and amended to read:

AB817,69,17 961.38 (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.

AB817, s. 240 Section 240. 161.38 (5) of the statutes is renumbered 961.38 (5).

AB817, s. 241 Section 241. 161.39 of the statutes is renumbered 961.39, and 961.39 (3) (b), as renumbered, is amended to read:

AB817,69,22 961.39 (3) (b) The indicated use of the controlled substance classified included in schedule III, IV or V so prescribed.

AB817, s. 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].

AB817, s. 243 Section 243. 161.41 (title) of the statutes is renumbered 961.41 (title).

AB817, s. 244 Section 244. 161.41 (1) of the statutes is renumbered 961.41 (1) and amended to read:

AB817,70,6 961.41 (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:

AB817,70,10 (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;.

AB817,70,14 (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;.

AB817,70,17 (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:

AB817,70,20 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.

AB817,70,23 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.

AB817,71,3 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.

AB817,71,6 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.

AB817,71,9 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.

AB817,71,11 (d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount manufactured, distributed or delivered is:

AB817,71,14 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.

AB817,71,17 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.

AB817,71,20 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.

AB817,71,24 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.

AB817,72,4 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.

AB817,72,7 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.

AB817,72,11 (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:

AB817,72,14 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.

AB817,72,17 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.

AB817,72,20 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.

AB817,72,24 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.

AB817,73,4 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.

AB817,73,7 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.

AB817,73,10 (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:

AB817,73,13 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.

AB817,73,16 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.

AB817,73,19 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.

AB817,73,22 (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:

AB817,73,25 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.

AB817,74,4 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.

AB817,74,7 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.

AB817,74,10 (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:

AB817,74,14 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.

AB817,74,19 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.

AB817,74,23 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.

AB817,74,25 (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;.

AB817,75,2 (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.

AB817, s. 245 Section 245. 161.41 (1m) of the statutes is renumbered 961.41 (1m) and amended to read:

AB817,75,13 961.41 (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:

AB817,75,17 (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;.

AB817,75,21 (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;.

AB817,75,25 (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:

AB817,76,3 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.

AB817,76,6 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.

AB817,76,9 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.

AB817,76,12 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.

AB817,76,15 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.

AB817,76,18 (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:

AB817,76,21 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.

AB817,76,25 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.

AB817,77,4 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.

AB817,77,8 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.

AB817,77,12 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.

AB817,77,15 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.

AB817,77,20 (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: