AB817,76,2522
2.
If the amount possessed, with intent to manufacture or deliver, is more More 23than 3 grams but not more than 10 grams, the person shall be fined not less than
24$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
25nor more than 15 years.
AB817,77,4
13.
If the amount possessed, with intent to manufacture or deliver, is more More 2than 10 grams but not more than 50 grams, the person shall be fined not less than
3$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
4nor more than 15 years.
AB817,77,85
4.
If the amount possessed, with intent to manufacture or deliver, is more More 6than 50 grams but not more than 200 grams, the person shall be fined not less than
7$1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor
8more than 15 years.
AB817,77,129
5.
If the amount possessed, with intent to manufacture or deliver, is more More 10than 200 grams but not more than 400 grams, the person shall be fined not less than
11$1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor
12more than 15 years.
AB817,77,1513
6.
If the amount possessed, with intent to manufacture or deliver, is more More 14than 400 grams, the person shall be fined not less than $1,000 nor more than
15$1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
AB817,77,2016
(e) Phencyclidine, amphetamine
or, methamphetamine or
a controlled
17substance under s. 161.14 (7) (L) methcathinone, or a controlled substance analog of
18phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the
19following penalties
if the amount possessed, with intent to manufacture, distribute
20or deliver, is:
AB817,77,2321
1.
If the amount possessed, with intent to manufacture or deliver, is 3 Three 22grams or less, the person shall be fined not less than $1,000 nor more than $100,000
23and may be imprisoned for not more than 5 years.
AB817,78,224
2.
If the amount possessed, with intent to manufacture or deliver, is more More 25than 3 grams but not more than 10 grams, the person shall be fined not less than
1$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
2nor more than 5 years.
AB817,78,63
3.
If the amount possessed, with intent to manufacture or deliver, is more More 4than 10 grams but not more than 50 grams, the person shall be fined not less than
5$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
6nor more than 15 years.
AB817,78,107
4.
If the amount possessed, with intent to manufacture or deliver, is more More 8than 50 grams but not more than 200 grams, the person shall be fined not less than
9$1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor
10more than 15 years.
AB817,78,1411
5.
If the amount possessed, with intent to manufacture or deliver, is more More 12than 200 grams but not more than 400 grams, the person shall be fined not less than
13$1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor
14more than 15 years.
AB817,78,1715
6.
If the amount possessed, with intent to manufacture or deliver, is more More 16than 400 grams, the person shall be fined not less than $1,000 nor more than
17$1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
AB817,78,2018
(f) Lysergic acid diethylamide
or a controlled substance analog of lysergic acid
19diethylamide is subject to the following penalties
if the amount possessed, with
20intent to manufacture, distribute or deliver, is:
AB817,78,2321
1.
If the amount possessed, with intent to manufacture or deliver, is one One 22gram or less, the person shall be fined not less than $1,000 nor more than $100,000
23and may be imprisoned for not more than 5 years.
AB817,79,224
2.
If the amount possessed, with intent to manufacture or deliver, is more More 25than one gram but not more than 5 grams, the person shall be fined not less than
1$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
2nor more than 5 years.
AB817,79,53
3.
If the amount possessed, with intent to manufacture or deliver, is more More 4than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000
5and shall be imprisoned for not less than one year nor more than 15 years.
AB817,79,86
(g) Psilocin or psilocybin
, or a controlled substance analog of psilocin or
7psilocybin, is subject to the following penalties
if the amount possessed, with intent
8to manufacture, distribute or deliver, is:
AB817,79,119
1.
If the amount possessed, with intent to manufacture or deliver, is 100 One
10hundred grams or less, the person shall be fined not less than $1,000 nor more than
11$100,000 and may be imprisoned for not more than 5 years.
AB817,79,1512
2.
If the amount possessed, with intent to manufacture or deliver, is more More 13than 100 grams but not more than 500 grams, the person shall be fined not less than
14$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
15nor more than 5 years.
AB817,79,1816
3.
If the amount possessed, with intent to manufacture or deliver, is more More 17than 500 grams, the person shall be fined not less than $1,000 nor more than
18$500,000 and shall be imprisoned for not less than one year nor more than 15 years.
AB817,79,2219
(h) Tetrahydrocannabinols,
listed at included under s.
161.14 961.14 (4) (t),
or
20a controlled substance analog of tetrahydrocannabinols, is subject to the following
21penalties
if the amount possessed, with intent to manufacture, distribute or deliver,
22is:
AB817,80,223
1.
If the amount possessed, with intent to manufacture or deliver, is 500 Five
24hundred grams or less, or 10
marijuana or fewer plants
or less containing
1tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
2$25,000 and may be imprisoned for not more than 3 years.
AB817,80,83
2.
If the amount possessed, with intent to manufacture or deliver, is more More 4than 500 grams but not more than 2,500 grams, or more than 10
marijuana plants
5containing tetrahydrocannabinols but not more than 50
marijuana plants
6containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
7more than $50,000 and shall be imprisoned for not less than 3 months nor more than
85 years.
AB817,80,129
3.
If the amount possessed, with intent to manufacture or deliver, is more More 10than 2,500 grams, or more than 50
marijuana plants
containing
11tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
12$100,000 and shall be imprisoned for not less than one year nor more than 10 years.
AB817,80,1413
(i) A substance
classified included in schedule IV, may be fined not more than
14$10,000 or imprisoned
for not more than 3 years or both
;.
AB817,80,1615
(j) A substance
classified included in schedule V, may be fined not more than
16$5,000 or imprisoned
for not more than one year or both.
AB817, s. 246
17Section
246. 161.41 (1p) (a) (intro.) of the statutes is repealed.
AB817, s. 247
18Section
247. 161.41 (1p) (a) 1. of the statutes is renumbered 961.01 (20h).
AB817, s. 248
19Section
248. 161.41 (1p) (a) 2. of the statutes is renumbered 961.01 (21m).
AB817, s. 249
20Section
249. 161.41 (1p) (b) of the statutes is renumbered 961.492, and
21961.492 (intro.) and (1), as renumbered, are amended to read:
AB817,81,2
22961.492 (title)
Distribution or possession with intent to deliver certain
23controlled substances on public transit vehicles. If a person violates
sub. s.
24961.41 (1) or (1m) under all of the following circumstances, the maximum period of
1imprisonment under
sub. s. 961.41 (1) or (1m) may be increased by not more than 5
2years:
AB817,81,6
3(1) The violation of
sub. s. 961.41 (1) or (1m) involves the delivery or the
4possession, with intent to deliver, of any controlled substance included in schedule
5I or II
or a controlled substance analog of any controlled substance included in
6schedule I or II.
AB817, s. 250
7Section
250. 161.41 (1q) of the statutes is renumbered 961.41 (1q) and
8amended to read:
AB817,81,139
961.41
(1q) (title)
Penalty relating to tetrahydrocannabinols in certain
10cases. Under subs. (1) (h) and (1m) (h) and s.
161.49 961.49 (2), if different penalty
11provisions apply to a person depending on whether the weight of
12tetrahydrocannabinols or the number of
marijuana plants
containing
13tetrahydrocannabinols is considered, the greater penalty provision applies.
AB817, s. 251
14Section
251. 161.41 (1r) of the statutes is renumbered 961.41 (1r) and
15amended to read:
AB817,82,216
961.41
(1r) (title)
Determining weight of substance. In determining amounts
17under subs. (1) and (1m) and s.
161.49 961.49 (2) (b), an amount includes the weight
18of
the controlled substance included under s. 161.16 (2) (b) cocaine, cocaine base,
19heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
20amphetamine, methamphetamine
, methcathinone or tetrahydrocannabinols
or any
21controlled substance analog of these substances together with any compound,
22mixture, diluent
, plant material or other substance mixed or combined with the
23controlled substance
or controlled substance analog. In addition, in determining
24amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
1means anything
covered included under s.
161.14 961.14 (4) (t) and includes the
2weight of any marijuana.
AB817, s. 252
3Section
252. 161.41 (1x) of the statutes is renumbered 961.41 (1x).
AB817, s. 253
4Section
253. 161.41 (2) of the statutes is renumbered 961.41 (2) and amended
5to read:
AB817,82,96
961.41
(2) (title)
Counterfeit substances. Except as authorized by this
7chapter, it is unlawful for any person to create,
manufacture, deliver or possess with
8intent to deliver, a counterfeit substance. Any person who violates this subsection
9with respect to:
AB817,82,1210
(a) A counterfeit substance
classified included in schedule I or II which is a
11narcotic drug, may be fined not more than $25,000 or imprisoned
for not more than
1215 years or both
;.
AB817,82,1413
(b) Any other counterfeit substance
classified included in schedule I, II or III,
14may be fined not more than $15,000 or imprisoned
for not more than 5 years or both
;.
AB817,82,1615
(c) A counterfeit substance
classified included in schedule IV, may be fined not
16more than $10,000 or imprisoned
for not more than 3 years or both
;.
AB817,82,1817
(d) A counterfeit substance
classified included in schedule V, may be fined not
18more than $5,000 or imprisoned
for not more than one year or both.
AB817, s. 254
19Section
254. 161.41 (2m) of the statutes is renumbered 961.41 (4) (bm) and
20amended to read:
AB817,83,321
961.41
(4) (bm) It is unlawful for any person to agree, consent or offer to
22lawfully manufacture, deliver
, distribute or dispense any controlled substance to any
23person, or to offer, arrange or negotiate to have any controlled substance unlawfully
24manufactured, delivered
, distributed or dispensed, and then manufacture, deliver,
25distribute or dispense or offer, arrange or negotiate to have manufactured, delivered,
1distributed or dispensed to any such person a substance which is not a controlled
2substance. Any person who violates this
subsection
paragraph may be fined not
3more than $500 or imprisoned
for not more than 6 months or both.
AB817, s. 255
4Section
255. 161.41 (2r) (a) of the statutes is renumbered 961.41 (3g) (intro.)
5and amended to read:
AB817,83,146
961.41
(3g) (title)
Possession. (intro.)
Except as provided in par. (b), it is
7unlawful for any person to No person may possess or attempt to possess a controlled
8substance
classified in schedule I or II that is a narcotic drug or a controlled
9substance analog unless the
substance was obtained
person obtains the substance
10or the analog directly from, or pursuant to a valid prescription or order of, a
11practitioner
while who is acting in the course of his or her professional practice, or
12except as unless the person is otherwise authorized by this chapter
to possess the
13substance or the analog. Any person who violates this
paragraph subsection is
14subject to the following penalties:
AB817,83,21
15(a) 1. Except as provided in subd. 2., if the person possesses a controlled
16substance included in schedule I or II which is a narcotic drug, or possesses a
17controlled substance analog of a controlled substance included in schedule I or II
18which is a narcotic drug, the person may, upon a first conviction,
may be fined not
19more than $5,000 or imprisoned for not more than one year or both, and for a 2nd or
20subsequent offense,
the person may be fined not more than $10,000 or imprisoned
21for not more than 2 years or both.
AB817, s. 256
22Section
256. 161.41 (2r) (b) of the statutes is renumbered 961.41 (3g) (a) 2. and
23amended to read:
AB817,84,524
961.41
(3g) (a) 2.
It is unlawful for any person to possess or attempt If the
25person possesses or attempts to possess heroin
unless it was obtained directly from,
1or pursuant to a valid prescription or order of, a practitioner while acting in the
2course of his or her professional practice, or except as otherwise authorized by this
3chapter. Any or a controlled substance analog of heroin, the person
who violates this
4paragraph may be fined not more than $5,000 or imprisoned for not more than one
5year or both.
AB817, s. 257
6Section
257. 161.41 (2r) (c) of the statutes is renumbered 961.41 (3g) (a) 3. and
7amended to read:
AB817,84,138
961.41
(3g) (a) 3. For purposes of this
subsection paragraph, an offense is
9considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted under this chapter or under any
11statute of the United States or of any state relating to controlled substances,
12controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or
13hallucinogenic drugs.
AB817, s. 258
14Section
258. 161.41 (3) of the statutes is renumbered 961.41 (3g) (b) and
15amended to read:
AB817,84,2516
961.41
(3g) (b) Except as provided in
subs. (3m), (3n), (3p) and (3r), it is
17unlawful for any pars. (c), (d) and (e), if the person
to possess or attempt possesses
18or attempts to possess a controlled substance
or controlled substance analog, other
19than a controlled substance
classified included in schedule I or II that is a narcotic
20drug
,unless the substance was obtained directly from, or pursuant to a valid
21prescription or order of, a practitioner while acting in the course of his or her
22professional practice, or except as otherwise authorized by this chapter. Any or a
23controlled substance analog of a controlled substance included in schedule I or II that
24is a narcotic drug, the person
who violates this subsection is guilty of a misdemeanor,
25punishable under s. 939.61.
AB817, s. 259
1Section
259. 161.41 (3m) of the statutes is renumbered 961.41 (3g) (c) and
2amended to read:
AB817,85,103
961.41
(3g) (c)
It is unlawful for any person to possess or attempt If a person
4possess or attempts to possess
a controlled substance included under s. 161.16 (2) (b),
5unless the substance was obtained directly from, or pursuant to a valid prescription
6or order of, a practitioner while acting in the course of his or her professional practice,
7or except as otherwise authorized by this chapter. Any cocaine or cocaine base, or a
8controlled substance analog of cocaine or cocaine base, the person
who violates this
9subsection shall be fined not more than $5,000 and may be imprisoned for not more
10than one year in the county jail.
AB817, s. 260
11Section
260. 161.41 (3n) of the statutes is renumbered 961.41 (3g) (d) and
12amended to read:
AB817,85,2213
961.41
(3g) (d)
It is unlawful for any person to possess or attempt If a person
14possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
15amphetamine, methamphetamine,
methcathinone, psilocin or psilocybin
unless the
16substance was obtained directly from, or pursuant to a valid prescription or order of,
17a practitioner while acting in the course of his or her professional practice, or except
18as otherwise authorized by this chapter. Any, or a controlled substance analog of
19lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine,
20methcathinone, psilocin or psilocybin, the person
who violates this subsection may
21be fined not more than $5,000 or imprisoned for not more than one year in the county
22jail or both.
AB817, s. 261
23Section
261. 161.41 (3p) of the statutes is repealed.
AB817, s. 262
24Section
262. 161.41 (3r) of the statutes is renumbered 961.41 (3g) (e) and
25amended to read:
AB817,86,8
1961.41
(3g) (e)
It is unlawful for any person to possess or attempt If a person
2possesses or attempts to possess tetrahydrocannabinols
, listed at included under s.
3161.14 961.14 (4) (t),
unless it was obtained directly from, or pursuant to a valid
4prescription or order of, a practitioner while acting in the course of his or her
5professional practice, or except as otherwise authorized by this chapter. Any or a
6controlled substance analog of tetrahydrocannabinols, the person
who violates this
7subsection may be fined not more than $1,000 or imprisoned for not more than 6
8months or both.
AB817, s. 263
9Section
263. 161.41 (4) (a) of the statutes is renumbered 961.41 (4) (am) 1. and
10amended to read:
AB817,86,1311
961.41
(4) (am) 1. No person may knowingly
distribute or deliver, attempt to
12distribute or deliver or cause to be
distributed or delivered a noncontrolled substance
13and expressly or impliedly represent
any of the following to the recipient:
AB817,86,1414
a.
The That the substance is a controlled substance
; or.
AB817,86,1915
b.
The That the substance is of a nature, appearance or effect that will allow
16the recipient to display, sell, distribute
, deliver or use the noncontrolled substance
17as a controlled substance
, if the representation is made under circumstances in
18which the person has reasonable cause to believe that the noncontrolled substance
19will be used or distributed for use as a controlled substance.
AB817, s. 264
20Section
264. 161.41 (4) (b) of the statutes is renumbered 961.41 (4) (am) 2., and
21961.41 (4) (am) 2. (intro.) and d., as renumbered, are amended to read:
AB817,86,2322
961.41
(4) (am) 2. Proof of any of the following is prima facie evidence of a
23representation specified in
par. (a) 1. or 2. subd. 1. a. or b.:
AB817,87,224
d. The person
distributing or delivering, attempting to
distribute or deliver or
25causing
distribution or delivery of the substance to be made states to the recipient
1that the substance may be resold at a price that substantially exceeds the value of
2the substance.
AB817, s. 265
3Section
265. 161.41 (4) (c) of the statutes is renumbered 961.41 (4) (am) 3. and
4amended to read:
AB817,87,65
961.41
(4) (am) 3. A person convicted of violating this
subsection paragraph 6may be fined not more than $5,000 or imprisoned
for not more than one year or both.
AB817, s. 266
7Section
266. 161.41 (5) of the statutes is renumbered 961.41 (5).
AB817, s. 267
8Section
267. 161.42 of the statutes is renumbered 961.42.
AB817, s. 268
9Section
268. 161.43 of the statutes is renumbered 961.43, and 961.43 (1) (b)
10(intro.) and 1., as renumbered, are amended to read:
AB817,87,1411
961.43
(1) (b) (intro.)
To Without authorization, to make, distribute or possess
12any punch, die, plate, stone or other thing designed to print, imprint or reproduce the
13trademark, trade name or other identifying mark, imprint or device of another or any
14likeness of any of the foregoing upon any drug or container or labeling thereof so as:
AB817,87,1515
1. To
make a counterfeit
a drug
substance; or
AB817, s. 269
16Section
269. 161.435 of the statutes is renumbered 961.435 and amended to
17read:
AB817,87,19
18961.435 Specific penalty. Any person who violates s.
161.38 961.38 (5) may
19be fined not more than $500 or imprisoned not more than 30 days or both.
AB817, s. 270
20Section
270. 161.438 of the statutes is renumbered 961.438.
AB817, s. 271
21Section
271. 161.44 of the statutes is renumbered 961.44.
AB817, s. 272
22Section
272. 161.45 of the statutes is renumbered 961.45.
AB817, s. 273
23Section
273. 161.455 (title) of the statutes is renumbered 961.455 (title).
AB817,88,4
1961.455
(1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s.
161.41 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than 10 years or both.
AB817, s. 275
5Section
275. 161.455 (2), (3) and (4) of the statutes are renumbered 961.455
6(2), (3) and (4), and 961.455 (4), as renumbered, is amended to read:
AB817,88,97
961.455
(4) If the conduct described under sub. (1) results in a violation under
8s.
161.41 961.41 (1), the actor is subject to prosecution and conviction under s.
161.41 9961.41 (1) or this section or both.
AB817, s. 276
10Section
276. 161.46 (title) of the statutes is renumbered 961.46 (title).
AB817,88,1913
961.46
(1) Except as provided in sub. (3), any person 17 years of age or over who
14violates s.
161.41 961.41 (1) by distributing
or delivering a controlled substance
15listed included in schedule I or II which is a narcotic drug
or a controlled substance
16analog of a controlled substance included in schedule I or II which is a narcotic drug 17to a person 17 years of age or under who is at least 3 years his or her junior is
18punishable by the fine authorized by s.
161.41 961.41 (1) (a) or a term of
19imprisonment of up to twice that authorized by s.
161.41 961.41 (1) (a), or both.