SB357,240,4
1961.41
(1) Manufacture, distribution or delivery. (intro.) Except as
2authorized by this chapter, it is unlawful for any person to manufacture, distribute
3or deliver a controlled substance or controlled substance analog. Any person who
4violates this subsection
with respect to is subject to the following penalties:
SB357,240,127
961.41
(1) (a)
Schedule I and II narcotic drugs generally. Except as provided
8in par. (d),
if a person violates this subsection with respect to a controlled substance
9included in schedule I or II which is a narcotic drug, or a controlled substance analog
10of a controlled substance included in schedule I or II which is a narcotic drug,
may
11be fined not more than $25,000 or imprisoned for not more than 22 years and 6
12months or both the person is guilty of a Class E felony.
SB357,240,2015
961.41
(1) (b)
Schedule I, II and III nonnarcotic drugs generally. Except as
16provided in pars. (cm) and (e) to (h),
if a person violates this subsection with respect
17to any other controlled substance included in schedule I, II or III, or a controlled
18substance analog of any other controlled substance included in schedule I or II,
may
19be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months
20or both the person is guilty of a Class H felony.
SB357, s. 790
21Section
790. 961.41 (1) (cm) (intro.) of the statutes is amended to read:
SB357,240,2522
961.41
(1) (cm)
Cocaine and cocaine base. (intro.)
Cocaine If the person violates
23this subsection with respect to cocaine or cocaine base, or a controlled substance
24analog of cocaine or cocaine base,
is subject to the following penalties if and the
25amount manufactured, distributed or delivered is:
SB357,241,53
961.41
(1) (cm) 1r.
Five grams or less
More than one gram but not more than
45 grams, the person
shall be fined not more than $500,000 and may be imprisoned
5for not more than 15 years is guilty of a Class F felony.
SB357, s. 792
6Section
792. 961.41 (1) (cm) 1g. of the statutes is created to read:
SB357,241,77
961.41
(1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.
SB357,241,1210
961.41
(1) (cm) 2. More than 5 grams but not more than 15 grams, the person
11shall be fined not more than $500,000 and shall be imprisoned for not less than one
12year nor more than 22 years and 6 months is guilty of a Class E felony.
SB357,241,1715
961.41
(1) (cm) 3. More than 15 grams but not more than 40 grams, the person
16shall be fined not more than $500,000 and shall be imprisoned for not less than 3
17years nor more than 30 years is guilty of a Class D felony.
SB357,241,2220
961.41
(1) (cm) 4. More than 40 grams
but not more than 100 grams, the person
21shall be fined not more than $500,000 and shall be imprisoned for not less than 5
22years nor more than 45 years is guilty of a Class C felony.
SB357, s. 797
25Section
797. 961.41 (1) (d) (intro.) of the statutes is amended to read:
SB357,242,3
1961.41
(1) (d)
Heroin. (intro.)
Heroin If the person violates this subsection with
2respect to heroin or a controlled substance analog of heroin
is subject to the following
3penalties if and the amount manufactured, distributed or delivered is:
SB357,242,86
961.41
(1) (d) 1. Three grams or less, the person
shall be fined not less than
7$1,000 nor more than $200,000 and may be imprisoned for not more than 22 years
8and 6 months is guilty of a Class F felony.
SB357,242,1411
961.41
(1) (d) 2. More than 3 grams but not more than 10 grams, the person
12shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
13for not less than 6 months nor more than 22 years and 6 months
is guilty of a Class
14E felony.
SB357,242,2017
961.41
(1) (d) 3. More than 10 grams but not more than 50 grams, the person
18shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
19for not less than one year nor more than 22 years and 6 months
is guilty of a Class
20D felony.
SB357,243,223
961.41
(1) (d) 4. More than 50 grams
but not more than 200 grams, the person
24shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
1for not less than 3 years nor more than 22 years and 6 months is guilty of a Class C
2felony.
SB357, s. 804
7Section
804. 961.41 (1) (e) (intro.) of the statutes is amended to read:
SB357,243,138
961.41
(1) (e)
Phencyclidine, amphetamine, methamphetamine and
9methcathinone. (intro.)
Phencyclidine If the person violates this subsection with
10respect to phencyclidine, amphetamine, methamphetamine or methcathinone, or a
11controlled substance analog of phencyclidine, amphetamine, methamphetamine or
12methcathinone,
is subject to the following penalties if and the amount
13manufactured, distributed or delivered is:
SB357,243,1816
961.41
(1) (e) 1. Three grams or less, the person
shall be fined not less than
17$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
186 months is guilty of a Class F felony.
SB357,243,2421
961.41
(1) (e) 2. More than 3 grams but not more than 10 grams, the person
22shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
23for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
24E felony.
SB357,244,63
961.41
(1) (e) 3. More than 10 grams but not more than 50 grams, the person
4shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
5for not less than one year nor more than 22 years and 6 months
is guilty of a Class
6D felony.
SB357,244,129
961.41
(1) (e) 4. More than 50 grams
but not more than 200 grams, the person
10shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
11for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
12felony.
SB357, s. 811
17Section
811. 961.41 (1) (f) (intro.) of the statutes is amended to read:
SB357,244,2118
961.41
(1) (f)
Lysergic acid diethylamide. (intro.)
Lysergic If the person violates
19this subsection with respect to lysergic acid diethylamide or a controlled substance
20analog of lysergic acid diethylamide
is subject to the following penalties if and the
21amount manufactured, distributed or delivered is:
SB357,245,3
1961.41
(1) (f) 1. One gram or less, the person
shall be fined not less than $1,000
2nor more than $200,000 and may be imprisoned for not more than 7 years and 6
3months is guilty of a Class G felony.
SB357,245,86
961.41
(1) (f) 2. More than one gram but not more than 5 grams, the person
shall
7be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not
8less than 6 months nor more than 7 years and 6 months is guilty of a Class F felony.
SB357,245,1311
961.41
(1) (f) 3. More than 5 grams, the person
shall be fined not less than
12$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
13nor more than 22 years and 6 months is guilty of a Class E felony.
SB357, s. 815
14Section
815. 961.41 (1) (g) (intro.) of the statutes is amended to read:
SB357,245,1815
961.41
(1) (g)
Psilocin and psilocybin. (intro.)
Psilocin If the person violates
16this subsection with respect to psilocin or psilocybin, or a controlled substance analog
17of psilocin or psilocybin,
is subject to the following penalties if and the amount
18manufactured, distributed or delivered is:
SB357,245,2321
961.41
(1) (g) 1. One hundred grams or less, the person
shall be fined not less
22than $1,000 nor more than $200,000 and may be imprisoned for not more than 7
23years and 6 months is guilty of a Class G felony.
SB357,246,4
1961.41
(1) (g) 2. More than 100 grams but not more than 500 grams, the person
2shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
3for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
4F felony.
SB357,246,97
961.41
(1) (g) 3. More than 500 grams, the person
shall be fined not less than
8$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
9nor more than 22 years and 6 months is guilty of a Class E felony.
SB357, s. 819
10Section
819. 961.41 (1) (h) (intro.) of the statutes is amended to read:
SB357,246,1511
961.41
(1) (h)
Tetrahydrocannabinols. (intro.)
Tetrahydrocannabinols If the
12person violates this subsection with respect to tetrahydrocannabinols, included
13under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols,
is
14subject to the following penalties if and the amount manufactured, distributed or
15delivered is:
SB357,246,2118
961.41
(1) (h) 1.
Five Two hundred grams or less, or
10 4 or fewer plants
19containing tetrahydrocannabinols, the person
shall be fined not less than $500 nor
20more than $25,000 and may be imprisoned for not more than 4 years and 6 months 21is guilty of a Class I felony.
SB357,247,324
961.41
(1) (h) 2. More than
500 200 grams but not more than
2,500 1,000 grams,
25or more than
10 4 plants containing tetrahydrocannabinols but not more than
50 20
1plants containing tetrahydrocannabinols, the person
shall be fined not less than
2$1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor
3more than 7 years and 6 months is guilty of a Class H felony.
SB357,247,106
961.41
(1) (h) 3. More than
2,500
1,000 grams
but not more than 2,500 grams,
7or more than
50 20 plants containing tetrahydrocannabinols
but not more than 50
8plants containing tetrahydrocannabinols, the person
shall be fined not less than
9$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
10nor more than 15 years is guilty of a Class G felony.
SB357, s. 823
11Section
823. 961.41 (1) (h) 4. of the statutes is created to read:
SB357,247,1412
961.41
(1) (h) 4. More than 2,500 grams but not more than 10,000 grams, or
13more than 50 plants containing tetrahydrocannabinols but not more than 200 plants
14containing tetrahydrocannabinols, the person is guilty of a Class F felony.
SB357, s. 824
15Section
824. 961.41 (1) (h) 5. of the statutes is created to read:
SB357,247,1716
961.41
(1) (h) 5. More than 10,000 grams, or more than 200 plants containing
17tetrahydrocannabinols, the person is guilty of a Class E felony.
SB357,247,2320
961.41
(1) (i)
Schedule IV drugs. A If a person violates this subsection with
21respect to a substance included in schedule IV,
may be fined not more than $10,000
22or imprisoned for not more than 4 years and 6 months or both the person is guilty
23of a Class H felony.
SB357,248,3
1961.41
(1) (j)
Schedule V drugs. A If a person violates this subsection with
2respect to a substance included in schedule V,
may be fined not more than $5,000 or
3imprisoned for not more than 2 years or both the person is guilty of a Class I felony.
SB357, s. 827
4Section
827. 961.41 (1m) (intro.) of the statutes is amended to read:
SB357,248,145
961.41
(1m) Possession with intent to manufacture, distribute or deliver. 6(intro.) Except as authorized by this chapter, it is unlawful for any person to possess,
7with intent to manufacture, distribute or deliver, a controlled substance or a
8controlled substance analog. Intent under this subsection may be demonstrated by,
9without limitation because of enumeration, evidence of the quantity and monetary
10value of the substances possessed, the possession of manufacturing implements or
11paraphernalia, and the activities or statements of the person in possession of the
12controlled substance or a controlled substance analog prior to and after the alleged
13violation. Any person who violates this subsection
with respect to is subject to the
14following penalties:
SB357,248,2217
961.41
(1m) (a)
Schedule I and II narcotic drugs generally. Except as provided
18in par. (d),
if a person violates this subsection with respect to a controlled substance
19included in schedule I or II which is a narcotic drug or a controlled substance analog
20of a controlled substance included in schedule I or II which is a narcotic drug,
may
21be fined not more than $25,000 or imprisoned for not more than 22 years and 6
22months or both the person is guilty of a Class E felony.
SB357,249,6
1961.41
(1m) (b)
Schedule I, II and III nonnarcotic drugs generally. Except as
2provided in pars. (cm) and (e) to (h),
if a person violates this subsection with respect
3to any other controlled substance included in schedule I, II or III, or a controlled
4substance analog of any other controlled substance included in schedule I or II,
may
5be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months
6or both the person is guilty of a Class H felony.
SB357, s. 830
7Section
830. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:
SB357,249,118
961.41
(1m) (cm)
Cocaine and cocaine base. (intro.)
Cocaine If a person violates
9this subsection with respect to cocaine or cocaine base, or a controlled substance
10analog of cocaine or cocaine base,
is subject to the following penalties if and the
11amount possessed, with intent to manufacture, distribute or deliver, is:
SB357,249,1614
961.41
(1m) (cm) 1r.
Five grams or less More than one gram but not more than
155 grams, the person
shall be fined not more than $500,000 and may be imprisoned
16for not more than 15 years is guilty of a Class F felony.
SB357, s. 832
17Section
832. 961.41 (1m) (cm) 1g. of the statutes is created to read:
SB357,249,1818
961.41
(1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.
SB357,249,2321
961.41
(1m) (cm) 2. More than 5 grams but not more than 15 grams, the person
22shall be fined not more than $500,000 and shall be imprisoned for not less than one
23year nor more than 22 years and 6 months is guilty of a Class E felony.