AB1-SSA1, s. 1016 24Section 1016. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
AB1-SSA1,308,6
1961.41 (1m) (e) Phencyclidine, amphetamine, methamphetamine, and
2methcathinone.
(intro.) Phencyclidine If a person violates this subsection with
3respect to phencyclidine
, amphetamine, methamphetamine, or methcathinone, or a
4controlled substance analog of phencyclidine, amphetamine, methamphetamine, or
5methcathinone, is subject to the following penalties if and the amount possessed,
6with intent to manufacture, distribute, or deliver, is:
AB1-SSA1, s. 1017 7Section 1017. 961.41 (1m) (e) 1. of the statutes is amended to read:
AB1-SSA1,308,108 961.41 (1m) (e) 1. Three grams or less, the person shall be fined not less than
9$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
106 months
is guilty of a Class F felony.
AB1-SSA1, s. 1018 11Section 1018. 961.41 (1m) (e) 2. of the statutes is amended to read:
AB1-SSA1,308,1512 961.41 (1m) (e) 2. More than 3 grams but not more than 10 grams, the person
13shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
14for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
15E felony
.
AB1-SSA1, s. 1019 16Section 1019. 961.41 (1m) (e) 3. of the statutes is amended to read:
AB1-SSA1,308,2017 961.41 (1m) (e) 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
.
AB1-SSA1, s. 1020 21Section 1020. 961.41 (1m) (e) 4. of the statutes is amended to read:
AB1-SSA1,308,2522 961.41 (1m) (e) 4. More than 50 grams but not more than 200 grams, the person
23shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
24for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
25felony
.
AB1-SSA1, s. 1021
1Section 1021. 961.41 (1m) (e) 5. of the statutes is repealed.
AB1-SSA1, s. 1022 2Section 1022. 961.41 (1m) (e) 6. of the statutes is repealed.
AB1-SSA1, s. 1023 3Section 1023. 961.41 (1m) (em) of the statutes is repealed.
AB1-SSA1, s. 1024 4Section 1024. 961.41 (1m) (f) (intro.) of the statutes is amended to read:
AB1-SSA1,309,85 961.41 (1m) (f) Lysergic acid diethylamide. (intro.) Lysergic If a person violates
6this subsection with respect to lysergic
acid diethylamide or a controlled substance
7analog of lysergic acid diethylamide is subject to the following penalties if and the
8amount possessed, with intent to manufacture, distribute or deliver, is:
AB1-SSA1, s. 1025 9Section 1025. 961.41 (1m) (f) 1. of the statutes is amended to read:
AB1-SSA1,309,1210 961.41 (1m) (f) 1. One gram or less, the person shall be fined not less than
11$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
126 months
is guilty of a Class G felony.
AB1-SSA1, s. 1026 13Section 1026. 961.41 (1m) (f) 2. of the statutes is amended to read:
AB1-SSA1,309,1714 961.41 (1m) (f) 2. More than one gram but not more than 5 grams, the person
15shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
16for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
17F felony
.
AB1-SSA1, s. 1027 18Section 1027. 961.41 (1m) (f) 3. of the statutes is amended to read:
AB1-SSA1,309,2119 961.41 (1m) (f) 3. More than 5 grams, the person shall be fined not less than
20$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
21nor more than 22 years and 6 months
is guilty of a Class E felony.
AB1-SSA1, s. 1028 22Section 1028. 961.41 (1m) (g) (intro.) of the statutes is amended to read:
AB1-SSA1,310,223 961.41 (1m) (g) Psilocin and psilocybin. (intro.) Psilocin If a person violates
24this subsection with respect to psilocin
or psilocybin, or a controlled substance analog

1of psilocin or psilocybin, is subject to the following penalties if and the amount
2possessed, with intent to manufacture, distribute or deliver, is:
AB1-SSA1, s. 1029 3Section 1029. 961.41 (1m) (g) 1. of the statutes is amended to read:
AB1-SSA1,310,64 961.41 (1m) (g) 1. One hundred grams or less, the person shall be fined not less
5than $1,000 nor more than $100,000 and may be imprisoned for not more than 7
6years and 6 months
is guilty of a Class G felony.
AB1-SSA1, s. 1030 7Section 1030. 961.41 (1m) (g) 2. of the statutes is amended to read:
AB1-SSA1,310,118 961.41 (1m) (g) 2. More than 100 grams but not more than 500 grams, the
9person shall be fined not less than $1,000 nor more than $200,000 and shall be
10imprisoned for not less than 6 months nor more than 7 years and 6 months
is guilty
11of a Class F felony
.
AB1-SSA1, s. 1031 12Section 1031. 961.41 (1m) (g) 3. of the statutes is amended to read:
AB1-SSA1,310,1513 961.41 (1m) (g) 3. More than 500 grams, the person shall be fined not less than
14$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
15nor more than 22 years and 6 months
is guilty of a Class E felony.
AB1-SSA1, s. 1032 16Section 1032. 961.41 (1m) (h) (intro.) of the statutes is amended to read:
AB1-SSA1,310,2117 961.41 (1m) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If a
18person violates this subsection with respect to tetrahydrocannabinols
, included
19under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is
20subject to the following penalties if
and the amount possessed, with intent to
21manufacture, distribute, or deliver, is:
AB1-SSA1, s. 1033 22Section 1033. 961.41 (1m) (h) 1. of the statutes is amended to read:
AB1-SSA1,311,223 961.41 (1m) (h) 1. Five Two hundred grams or less, or 10 4 or fewer plants
24containing tetrahydrocannabinols, the person shall be fined not less than $500 nor

1more than $25,000 and may be imprisoned for not more than 4 years and 6 months

2is guilty of a Class I felony.
AB1-SSA1, s. 1034 3Section 1034. 961.41 (1m) (h) 2. of the statutes is amended to read:
AB1-SSA1,311,84 961.41 (1m) (h) 2. More than 500 200 grams but not more than 2,500 1,000
5grams, or more than 10 4 plants containing tetrahydrocannabinols but not more than
650 20 plants containing tetrahydrocannabinols, the person shall be fined not less
7than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3
8months nor more than 7 years and 6 months
is guilty of a Class H felony.
AB1-SSA1, s. 1035 9Section 1035. 961.41 (1m) (h) 3. of the statutes is amended to read:
AB1-SSA1,311,1410 961.41 (1m) (h) 3. More than 2,500 1,000 grams but not more than 2,500 grams,
11or more than 50 20 plants containing tetrahydrocannabinols but not more than 50
12plants containing tetrahydrocannabinols
, the person shall be fined not less than
13$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
14nor more than 15 years
is guilty of a Class G felony.
AB1-SSA1, s. 1036 15Section 1036. 961.41 (1m) (h) 4. of the statutes is created to read:
AB1-SSA1,311,1816 961.41 (1m) (h) 4. More than 2,500 grams but not more than 10,000 grams, or
17more than 50 plants containing tetrahydrocannabinols but not more than 200 plants
18containing tetrahydrocannabinols, the person is guilty of a Class F felony.
AB1-SSA1, s. 1037 19Section 1037. 961.41 (1m) (h) 5. of the statutes is created to read:
AB1-SSA1,311,2120 961.41 (1m) (h) 5. More than 10,000 grams, or more than 200 plants containing
21tetrahydrocannabinols, the person is guilty of a Class E felony.
AB1-SSA1, s. 1038 22Section 1038. 961.41 (1m) (hm) (intro.) of the statutes, as created by 2001
23Wisconsin Act 16
, is amended to read:
AB1-SSA1,312,824 961.41 (1m) (hm) Certain other schedule I controlled substances and ketamine.
25(intro.) Gamma-hydroxybutyric If the person violates this subsection with respect

1to gamma-hydroxybutyric
acid, gamma-butyrolactone,
23,4-methylenedioxymethamphetamine
34-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
4ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
5gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
64-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
7subject to the following penalties if the amount possessed, with intent to
8manufacture, distribute, or deliver is:
AB1-SSA1, s. 1039 9Section 1039. 961.41 (1m) (hm) 1. of the statutes, as created by 2001
10Wisconsin Act 16
, is amended to read:
AB1-SSA1,312,1311 961.41 (1m) (hm) 1. Three grams or less, the person shall be fined not less than
12$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
136 months
is guilty of a Class F felony.
AB1-SSA1, s. 1040 14Section 1040. 961.41 (1m) (hm) 2. of the statutes, as created by 2001
15Wisconsin Act 16
, is amended to read:
AB1-SSA1,312,1916 961.41 (1m) (hm) 2. More than 3 grams but not more than 10 grams, the person
17shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
18for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
19E felony
.
AB1-SSA1, s. 1041 20Section 1041. 961.41 (1m) (hm) 3. of the statutes, as created by 2001
21Wisconsin Act 16
, is amended to read:
AB1-SSA1,312,2522 961.41 (1m) (hm) 3. More than 10 grams but not more than 50 grams, the
23person shall be fined not less than $1,000 nor more than $500,000 and shall be
24imprisoned for not less than one year nor more than 22 years and 6 months
is guilty
25of a Class D felony
.
AB1-SSA1, s. 1042
1Section 1042. 961.41 (1m) (hm) 4. of the statutes, as created by 2001
2Wisconsin Act 16
, is amended to read:
AB1-SSA1,313,63 961.41 (1m) (hm) 4. More than 50 grams but not more than 200 grams, the
4person shall be fined not less than $1,000 nor more than $500,000 and shall be
5imprisoned for not less than 3 years nor more than 22 years and 6 months
is guilty
6of a Class C felony
.
AB1-SSA1, s. 1043 7Section 1043. 961.41 (1m) (hm) 5. of the statutes, as created by 2001
8Wisconsin Act 16
, is repealed.
AB1-SSA1, s. 1044 9Section 1044. 961.41 (1m) (hm) 6. of the statutes, as created by 2001
10Wisconsin Act 16
, is repealed.
AB1-SSA1, s. 1045 11Section 1045. 961.41 (1m) (i) of the statutes is amended to read:
AB1-SSA1,313,1512 961.41 (1m) (i) Schedule IV drugs generally. Except as provided in par. (im),
13if a person violates this subsection with respect to a substance included in schedule
14IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and
156 months or both
the person is guilty of a Class H felony.
AB1-SSA1, s. 1046 16Section 1046. 961.41 (1m) (im) (intro.) of the statutes, as affected by 2001
17Wisconsin Act 16
, is amended to read:
AB1-SSA1,313,2118 961.41 (1m) (im) Flunitrazepam. (intro.) Flunitrazepam is subject to the
19following penalties if
If a person violates this subsection with respect to
20flunitrazepam and
the amount possessed, with intent to manufacture, distribute, or
21deliver, is:
AB1-SSA1, s. 1047 22Section 1047. 961.41 (1m) (im) 1. of the statutes, as created by 2001 Wisconsin
23Act 16
, is amended to read:
AB1-SSA1,314,3
1961.41 (1m) (im) 1. Three grams or less, the person shall be fined not less than
2$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
36 months
is guilty of a Class F felony.
AB1-SSA1, s. 1048 4Section 1048. 961.41 (1m) (im) 2. of the statutes, as created by 2001 Wisconsin
5Act 16
, is amended to read:
AB1-SSA1,314,96 961.41 (1m) (im) 2. More than 3 grams but not more than 10 grams, the person
7shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
8for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
9E felony
.
AB1-SSA1, s. 1049 10Section 1049. 961.41 (1m) (im) 3. of the statutes, as created by 2001 Wisconsin
11Act 16
, is amended to read:
AB1-SSA1,314,1512 961.41 (1m) (im) 3. More than 10 grams but not more than 50 grams, the person
13shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
14for not less than one year nor more than 22 years and 6 months
is guilty of a Class
15D felony
.
AB1-SSA1, s. 1050 16Section 1050. 961.41 (1m) (im) 4. of the statutes, as created by 2001 Wisconsin
17Act 16
, is amended to read:
AB1-SSA1,314,2118 961.41 (1m) (im) 4. More than 50 grams but not more than 200 grams, the
19person shall be fined not less than $1,000 nor more than $500,000 and shall be
20imprisoned for not less than 3 years nor more than 22 years and 6 months
is guilty
21of a Class C felony
.
AB1-SSA1, s. 1051 22Section 1051. 961.41 (1m) (im) 5. of the statutes, as created by 2001 Wisconsin
23Act 16
, is repealed.
AB1-SSA1, s. 1052 24Section 1052. 961.41 (1m) (im) 6. of the statutes, as created by 2001 Wisconsin
25Act 16
, is repealed.
AB1-SSA1, s. 1053
1Section 1053. 961.41 (1m) (j) of the statutes is amended to read:
AB1-SSA1,315,42 961.41 (1m) (j) Schedule V drugs. A If a person violates this subsection with
3respect to a
substance included in schedule V, may be fined not more than $5,000 or
4imprisoned for not more than 2 years or both
the person is guilty of a Class I felony.
AB1-SSA1, s. 1054 5Section 1054. 961.41 (1n) (c) of the statutes is amended to read:
AB1-SSA1,315,76 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than
7$250,000 or imprisoned for not more than 15 years or both
is guilty of a Class F felony.
AB1-SSA1, s. 1055 8Section 1055. 961.41 (1q) of the statutes is amended to read:
AB1-SSA1,315,139 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases.
10Under s. 961.49 (2), 1999 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if
11different penalty provisions apply to a person depending on whether the weight of
12tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is
13considered, the greater penalty provision applies.
AB1-SSA1, s. 1056 14Section 1056. 961.41 (1r) of the statutes is amended to read:
AB1-SSA1,315,2415 961.41 (1r) Determining weight of substance. In determining amounts under
16s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount
17includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid
18diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
19methcathinone or tetrahydrocannabinols or any controlled substance analog of any
20of these substances together with any compound, mixture, diluent, plant material
21or other substance mixed or combined with the controlled substance or controlled
22substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
23(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
24(4) (t) and includes the weight of any marijuana.
AB1-SSA1, s. 1057 25Section 1057. 961.41 (2) (intro.) of the statutes is amended to read:
AB1-SSA1,316,4
1961.41 (2) Counterfeit substances. (intro.) Except as authorized by this
2chapter, it is unlawful for any person to create, manufacture, distribute, deliver or
3possess with intent to distribute or deliver, a counterfeit substance. Any person who
4violates this subsection with respect to is subject to the following penalties:
AB1-SSA1, s. 1058 5Section 1058. 961.41 (2) (a) of the statutes is amended to read:
AB1-SSA1,316,106 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person
7violates this subsection with respect to a
counterfeit substance included in schedule
8I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned
9for not more than 22 years and 6 months or both
the person is guilty of a Class E
10felony
.
AB1-SSA1, s. 1059 11Section 1059. 961.41 (2) (b) of the statutes, as affected by 2001 Wisconsin Act
1216
, is amended to read:
AB1-SSA1,316,1713 961.41 (2) (b) Counterfeit schedule I, II, III, and IV drugs. Except as provided
14in pars. (a) and (bm), and (cm), if a person violates this subsection with respect to any
15other counterfeit substance included in schedule I, II or, III, may be fined not more
16than $15,000 or imprisoned for not more than 7 years and 6 months or both
or IV, the
17person is guilty of a Class H felony
.
AB1-SSA1, s. 1060 18Section 1060. 961.41 (2) (c) of the statutes is repealed.
AB1-SSA1, s. 1061 19Section 1061. 961.41 (2) (cm) (title) of the statutes is created to read:
AB1-SSA1,316,2020 961.41 (2) (cm) (title) Counterfeit flunitrazepam.
AB1-SSA1, s. 1062 21Section 1062. 961.41 (2) (d) of the statutes is amended to read:
AB1-SSA1,316,2522 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this
23subsection with respect to a
counterfeit substance included in schedule V, may be
24fined not more than $5,000 or imprisoned for not more than 2 years or both
the person
25is guilty of a Class I felony
.
AB1-SSA1, s. 1063
1Section 1063. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am)
2and amended to read:
AB1-SSA1,317,103 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd.
42., if the
If a person possesses a controlled substance included in schedule I or II
5which is a narcotic drug, or possesses a controlled substance analog of a controlled
6substance included in schedule I or II which is a narcotic drug, the person may, upon
7a first conviction, be fined not more than $5,000 or imprisoned for not more than 2
8years or both, and, for a 2nd or subsequent offense, the person may be fined not more
9than $10,000 or imprisoned for not more than 3 years or both
is guilty of a Class I
10felony
.
AB1-SSA1, s. 1064 11Section 1064. 961.41 (3g) (a) 2. of the statutes is repealed.
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