961.41 (1) (hm) Certain other schedule I controlled substances and ketamine. (intro.) Gamma-hydroxybutyric If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if and the amount manufactured, distributed, or delivered is:
961.41 (1) (hm) 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.
961.41 (1) (hm) 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.
961.41 (1) (hm) 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.
961.41 (1) (hm) 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.
109,990
Section 990. 961.41 (1) (i) of the statutes is amended to read:
961.41 (1) (i) Schedule IV drugs generally. Except as provided in par. (im), 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.
961.41 (1) (im) Flunitrazepam. (intro.) Flunitrazepam is subject to the following penalties if If a person violates this subsection with respect to flunitrazepam and the amount manufactured, distributed, or delivered is:
961.41 (1) (im) 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.
961.41 (1) (im) 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.
961.41 (1) (im) 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.
961.41 (1) (im) 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.
109,998
Section 998. 961.41 (1) (j) of the statutes is amended to read:
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.
109,999
Section 999. 961.41 (1m) (intro.) of the statutes is amended to read:
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:
109,1000
Section 1000. 961.41 (1m) (a) of the statutes is amended to read:
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.
961.41 (1m) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (hm), 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.
109,1002
Section 1002. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:
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:
109,1003
Section 1003. 961.41 (1m) (cm) 1. of the statutes is renumbered 961.41 (1m) (cm) 1r. and amended to read:
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.
109,1004
Section 1004. 961.41 (1m) (cm) 1g. of the statutes is created to read:
961.41 (1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.
109,1005
Section 1005. 961.41 (1m) (cm) 2. of the statutes is amended to read:
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.
109,1006
Section 1006. 961.41 (1m) (cm) 3. of the statutes is amended to read:
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.
109,1007
Section 1007. 961.41 (1m) (cm) 4. of the statutes is amended to read:
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.
109,1008
Section 1008. 961.41 (1m) (cm) 5. of the statutes is repealed.
109,1009
Section 1009. 961.41 (1m) (d) (intro.) of the statutes is amended to read:
961.41 (1m) (d) Heroin. (intro.)
Heroin If a 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 possessed, with intent to manufacture, distribute or deliver, is:
109,1010
Section 1010. 961.41 (1m) (d) 1. of the statutes is amended to read:
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.
109,1011
Section 1011. 961.41 (1m) (d) 2. of the statutes is amended to read:
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.
109,1012
Section 1012. 961.41 (1m) (d) 3. of the statutes is amended to read:
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.
109,1013
Section 1013. 961.41 (1m) (d) 4. of the statutes is amended to read:
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.
109,1014
Section 1014. 961.41 (1m) (d) 5. of the statutes is repealed.
109,1015
Section 1015. 961.41 (1m) (d) 6. of the statutes is repealed.
109,1016
Section 1016. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
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:
109,1017
Section 1017. 961.41 (1m) (e) 1. of the statutes is amended to read:
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.
109,1018
Section 1018. 961.41 (1m) (e) 2. of the statutes is amended to read:
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.
109,1019
Section 1019. 961.41 (1m) (e) 3. of the statutes is amended to read:
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.
109,1020
Section 1020. 961.41 (1m) (e) 4. of the statutes is amended to read:
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.
109,1021
Section 1021. 961.41 (1m) (e) 5. of the statutes is repealed.
109,1022
Section 1022. 961.41 (1m) (e) 6. of the statutes is repealed.
109,1023
Section 1023. 961.41 (1m) (em) of the statutes is repealed.
109,1024
Section 1024. 961.41 (1m) (f) (intro.) of the statutes is amended to read:
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:
109,1025
Section 1025. 961.41 (1m) (f) 1. of the statutes is amended to read:
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.
109,1026
Section 1026. 961.41 (1m) (f) 2. of the statutes is amended to read:
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.
109,1027
Section 1027. 961.41 (1m) (f) 3. of the statutes is amended to read:
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.
109,1028
Section 1028. 961.41 (1m) (g) (intro.) of the statutes is amended to read:
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:
109,1029
Section 1029. 961.41 (1m) (g) 1. of the statutes is amended to read:
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.
109,1030
Section 1030. 961.41 (1m) (g) 2. of the statutes is amended to read:
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.
109,1031
Section 1031. 961.41 (1m) (g) 3. of the statutes is amended to read:
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.
109,1032
Section 1032. 961.41 (1m) (h) (intro.) of the statutes is amended to read:
