SB357: Bill Text

SB357, s. 789 Section 789. 961.41 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,240,20 961.41 (1) (b) Schedule I, II and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), if a person violates this subsection with respect to any other controlled substance 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 7 years and 6 months or both the person is guilty of a Class H felony.

SB357, s. 790 Section 790. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

SB357,240,25 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB357, s. 791 Section 791. 961.41 (1) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 961.41 (1) (cm) 1r. and amended to read:

SB357,241,5 961.41 (1) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

SB357, s. 792 Section 792. 961.41 (1) (cm) 1g. of the statutes is created to read:

SB357,241,7 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

SB357, s. 793 Section 793. 961.41 (1) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,241,12 961.41 (1) (cm) 2. 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 22 years and 6 months is guilty of a Class E felony.

SB357, s. 794 Section 794. 961.41 (1) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,241,17 961.41 (1) (cm) 3. 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 30 years is guilty of a Class D felony.

SB357, s. 795 Section 795. 961.41 (1) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,241,22 961.41 (1) (cm) 4. 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 45 years is guilty of a Class C felony.

SB357, s. 796 Section 796. 961.41 (1) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 797 Section 797. 961.41 (1) (d) (intro.) of the statutes is amended to read:

SB357,242,3 961.41 (1) (d) Heroin. (intro.) Heroin If the person violates this subsection with respect to heroin or a controlled substance analog of heroin is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB357, s. 798 Section 798. 961.41 (1) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,242,8 961.41 (1) (d) 1. 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 22 years and 6 months is guilty of a Class F felony.

SB357, s. 799 Section 799. 961.41 (1) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,242,14 961.41 (1) (d) 2. 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 22 years and 6 months is guilty of a Class E felony.

SB357, s. 800 Section 800. 961.41 (1) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,242,20 961.41 (1) (d) 3. 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 22 years and 6 months is guilty of a Class D felony.

SB357, s. 801 Section 801. 961.41 (1) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,243,2 961.41 (1) (d) 4. 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 22 years and 6 months is guilty of a Class C felony.

SB357, s. 802 Section 802. 961.41 (1) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 803 Section 803. 961.41 (1) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 804 Section 804. 961.41 (1) (e) (intro.) of the statutes is amended to read:

SB357,243,13 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine and methcathinone. (intro.) Phencyclidine If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB357, s. 805 Section 805. 961.41 (1) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,243,18 961.41 (1) (e) 1. 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 7 years and 6 months is guilty of a Class F felony.

SB357, s. 806 Section 806. 961.41 (1) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,243,24 961.41 (1) (e) 2. 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 7 years and 6 months is guilty of a Class E felony.

SB357, s. 807 Section 807. 961.41 (1) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,244,6 961.41 (1) (e) 3. 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 22 years and 6 months is guilty of a Class D felony.

SB357, s. 808 Section 808. 961.41 (1) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,244,12 961.41 (1) (e) 4. 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 22 years and 6 months is guilty of a Class C felony.

SB357, s. 809 Section 809. 961.41 (1) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 810 Section 810. 961.41 (1) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 811 Section 811. 961.41 (1) (f) (intro.) of the statutes is amended to read:

SB357,244,21 961.41 (1) (f) Lysergic acid diethylamide. (intro.) Lysergic If the person violates this subsection with respect to lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB357, s. 812 Section 812. 961.41 (1) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,245,3 961.41 (1) (f) 1. 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 7 years and 6 months is guilty of a Class G felony.

SB357, s. 813 Section 813. 961.41 (1) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,245,8 961.41 (1) (f) 2. 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 7 years and 6 months is guilty of a Class F felony.

SB357, s. 814 Section 814. 961.41 (1) (f) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,245,13 961.41 (1) (f) 3. 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 22 years and 6 months is guilty of a Class E felony.

SB357, s. 815 Section 815. 961.41 (1) (g) (intro.) of the statutes is amended to read:

SB357,245,18 961.41 (1) (g) Psilocin and psilocybin. (intro.) Psilocin If the person violates this subsection with respect to psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB357, s. 816 Section 816. 961.41 (1) (g) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,245,23 961.41 (1) (g) 1. 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 7 years and 6 months is guilty of a Class G felony.

SB357, s. 817 Section 817. 961.41 (1) (g) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,246,4 961.41 (1) (g) 2. 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 7 years and 6 months is guilty of a Class F felony.

SB357, s. 818 Section 818. 961.41 (1) (g) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,246,9 961.41 (1) (g) 3. 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 22 years and 6 months is guilty of a Class E felony.

SB357, s. 819 Section 819. 961.41 (1) (h) (intro.) of the statutes is amended to read:

SB357,246,15 961.41 (1) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If the person violates this subsection with respect to tetrahydrocannabinols, included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

SB357, s. 820 Section 820. 961.41 (1) (h) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,246,21 961.41 (1) (h) 1. Five Two hundred grams or less, or 10 4 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 4 years and 6 months is guilty of a Class I felony.

SB357, s. 821 Section 821. 961.41 (1) (h) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,247,3 961.41 (1) (h) 2. More than 500 200 grams but not more than 2,500 1,000 grams, or more than 10 4 plants containing tetrahydrocannabinols but not more than 50 20 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 7 years and 6 months is guilty of a Class H felony.

SB357, s. 822 Section 822. 961.41 (1) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,247,10 961.41 (1) (h) 3. More than 2,500 1,000 grams but not more than 2,500 grams, or more than 50 20 plants containing tetrahydrocannabinols but not more than 50 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 15 years is guilty of a Class G felony.

SB357, s. 823 Section 823. 961.41 (1) (h) 4. of the statutes is created to read:

SB357,247,14 961.41 (1) (h) 4. More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony.

SB357, s. 824 Section 824. 961.41 (1) (h) 5. of the statutes is created to read:

SB357,247,17 961.41 (1) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

SB357, s. 825 Section 825. 961.41 (1) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,247,23 961.41 (1) (i) Schedule IV drugs. A If a person violates this subsection with respect to a substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both the person is guilty of a Class H felony.

SB357, s. 826 Section 826. 961.41 (1) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,248,3 961.41 (1) (j) Schedule V drugs. A If a person violates this subsection with respect to a substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both the person is guilty of a Class I felony.

SB357, s. 827 Section 827. 961.41 (1m) (intro.) of the statutes is amended to read:

SB357,248,14 961.41 (1m) Possession with intent to manufacture, distribute or deliver. (intro.) 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 is subject to the following penalties:

SB357, s. 828 Section 828. 961.41 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,248,22 961.41 (1m) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to a controlled substance 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 22 years and 6 months or both the person is guilty of a Class E felony.

SB357, s. 829 Section 829. 961.41 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,249,6 961.41 (1m) (b) Schedule I, II and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), if a person violates this subsection with respect to any other controlled substance 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 7 years and 6 months or both the person is guilty of a Class H felony.

SB357, s. 830 Section 830. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:

SB357,249,11 961.41 (1m) (cm) Cocaine and cocaine base. (intro.) Cocaine If a person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount possessed, with intent to manufacture, distribute or deliver, is:

SB357, s. 831 Section 831. 961.41 (1m) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 961.41 (1m) (cm) 1r. and amended to read:

SB357,249,16 961.41 (1m) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

SB357, s. 832 Section 832. 961.41 (1m) (cm) 1g. of the statutes is created to read:

SB357,249,18 961.41 (1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

SB357, s. 833 Section 833. 961.41 (1m) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,249,23 961.41 (1m) (cm) 2. 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 22 years and 6 months is guilty of a Class E felony.

SB357, s. 834 Section 834. 961.41 (1m) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,250,3 961.41 (1m) (cm) 3. 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 30 years is guilty of a Class D felony.

SB357, s. 835 Section 835. 961.41 (1m) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,250,8 961.41 (1m) (cm) 4. 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 45 years is guilty of a Class C felony.