SB357: Bill Text

SB357, s. 838 Section 838. 961.41 (1m) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,250,20 961.41 (1m) (d) 1. 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 22 years and 6 months is guilty of a Class F felony.

SB357, s. 839 Section 839. 961.41 (1m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,251,2 961.41 (1m) (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 $200,000 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. 840 Section 840. 961.41 (1m) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,251,8 961.41 (1m) (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. 841 Section 841. 961.41 (1m) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,251,14 961.41 (1m) (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. 842 Section 842. 961.41 (1m) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 843 Section 843. 961.41 (1m) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 844 Section 844. 961.41 (1m) (e) (intro.) of the statutes is amended to read:

SB357,251,25 961.41 (1m) (e) Phencyclidine, amphetamine, methamphetamine and methcathinone. (intro.) Phencyclidine If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB357, s. 845 Section 845. 961.41 (1m) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,252,5 961.41 (1m) (e) 1. 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 7 years and 6 months is guilty of a Class F felony.

SB357, s. 846 Section 846. 961.41 (1m) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,252,11 961.41 (1m) (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 $200,000 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. 847 Section 847. 961.41 (1m) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,252,17 961.41 (1m) (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. 848 Section 848. 961.41 (1m) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,252,23 961.41 (1m) (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. 849 Section 849. 961.41 (1m) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 850 Section 850. 961.41 (1m) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 851 Section 851. 961.41 (1m) (f) (intro.) of the statutes is amended to read:

SB357,253,7 961.41 (1m) (f) Lysergic acid diethylamide. (intro.) Lysergic If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB357, s. 852 Section 852. 961.41 (1m) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,253,12 961.41 (1m) (f) 1. 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 7 years and 6 months is guilty of a Class G felony.

SB357, s. 853 Section 853. 961.41 (1m) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,253,18 961.41 (1m) (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 $200,000 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. 854 Section 854. 961.41 (1m) (f) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,253,23 961.41 (1m) (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. 855 Section 855. 961.41 (1m) (g) (intro.) of the statutes is amended to read:

SB357,254,4 961.41 (1m) (g) Psilocin and psilocybin. (intro.) Psilocin If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB357, s. 856 Section 856. 961.41 (1m) (g) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,254,9 961.41 (1m) (g) 1. 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 7 years and 6 months is guilty of a Class G felony.

SB357, s. 857 Section 857. 961.41 (1m) (g) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,254,15 961.41 (1m) (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 $200,000 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. 858 Section 858. 961.41 (1m) (g) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,254,20 961.41 (1m) (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. 859 Section 859. 961.41 (1m) (h) (intro.) of the statutes is amended to read:

SB357,255,2 961.41 (1m) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB357, s. 860 Section 860. 961.41 (1m) (h) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,255,8 961.41 (1m) (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. 861 Section 861. 961.41 (1m) (h) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,255,15 961.41 (1m) (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. 862 Section 862. 961.41 (1m) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,255,22 961.41 (1m) (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. 863 Section 863. 961.41 (1m) (h) 4. of the statutes is created to read:

SB357,256,3 961.41 (1m) (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. 864 Section 864. 961.41 (1m) (h) 5. of the statutes is created to read:

SB357,256,6 961.41 (1m) (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. 865 Section 865. 961.41 (1m) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,256,12 961.41 (1m) (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. 866 Section 866. 961.41 (1m) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,256,17 961.41 (1m) (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. 867 Section 867. 961.41 (1n) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,256,21 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB357, s. 868 Section 868. 961.41 (1q) of the statutes is amended to read:

SB357,257,2 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1997 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

SB357, s. 869 Section 869. 961.41 (1r) of the statutes is amended to read:

SB357,257,13 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1997 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB357, s. 870 Section 870. 961.41 (2) (intro.) of the statutes is amended to read:

SB357,257,18 961.41 (2) Counterfeit substances. (intro.) Except as authorized by this chapter, it is unlawful for any person to create, manufacture, distribute, deliver or possess with intent to distribute or deliver, a counterfeit substance. Any person who violates this subsection with respect to is subject to the following penalties:

SB357, s. 871 Section 871. 961.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,257,25 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to a counterfeit 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. 872 Section 872. 961.41 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,258,6 961.41 (2) (b) Counterfeit schedule I, II, III and IV drugs. Any If a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III or IV, 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. 873 Section 873. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 874 Section 874. 961.41 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,258,14 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit 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. 875 Section 875. 961.41 (3g) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 283, is renumbered 961.41 (3g) (am) and amended to read:

SB357,258,23 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd. 2., if the If a person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than 2 or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB357, s. 876 Section 876. 961.41 (3g) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 877 Section 877. 961.41 (3g) (a) 3. of the statutes is repealed.

SB357, s. 878 Section 878. 961.41 (3g) (b) (title) of the statutes is created to read:

SB357,259,3 961.41 (3g) (b) (title) Other drugs generally.

SB357, s. 879 Section 879. 961.41 (3g) (c) of the statutes is amended to read:

SB357,259,14 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 880 Section 880. 961.41 (3g) (d) of the statutes is amended to read:

SB357,260,3 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 881 Section 881. 961.41 (3g) (e) of the statutes is amended to read:

SB357,260,14 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 882 Section 882. 961.41 (3g) (f) of the statutes, as affected by 1999 Wisconsin Act 21, is amended to read:

SB357,260,21 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone, ketamine and flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class H felony.

SB357, s. 883 Section 883. 961.41 (4) (am) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,3 961.41 (4) (am) 3. A person convicted of violating who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

SB357, s. 884 Section 884. 961.42 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,7 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.

SB357, s. 885 Section 885. 961.43 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,11 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.