AB3, s. 701
19Section
701. 961.41 (1m) (d) 5. of the statutes is repealed.
AB3, s. 702
20Section
702. 961.41 (1m) (d) 6. of the statutes is repealed.
AB3, s. 703
21Section
703. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
AB3,168,222
961.41
(1m) (e)
Phencyclidine, amphetamine, methamphetamine, and
23methcathinone. (intro.)
Phencyclidine If a person violates this subsection with
24respect to phencyclidine, amphetamine
, methamphetamine, or methcathinone, or a
25controlled substance analog of phencyclidine, amphetamine,
methamphetamine, or
1methcathinone,
is subject to the following penalties if and the amount possessed,
2with intent to manufacture, distribute
, or deliver, is:
AB3, s. 704
3Section
704. 961.41 (1m) (e) 1. of the statutes is amended to read:
AB3,168,64
961.41
(1m) (e) 1. Three grams or less, the person
shall be fined not less than
5$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
66 months is guilty of a Class F felony.
AB3, s. 705
7Section
705. 961.41 (1m) (e) 2. of the statutes is amended to read:
AB3,168,118
961.41
(1m) (e) 2. More than 3 grams but not more than 10 grams, the person
9shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
10for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
11E felony.
AB3, s. 706
12Section
706. 961.41 (1m) (e) 3. of the statutes is amended to read:
AB3,168,1613
961.41
(1m) (e) 3. More than 10 grams but not more than 50 grams, the person
14shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
15for not less than one year nor more than 22 years and 6 months
is guilty of a Class
16D felony.
AB3, s. 707
17Section
707. 961.41 (1m) (e) 4. of the statutes is amended to read:
AB3,168,2118
961.41
(1m) (e) 4. More than 50 grams
but not more than 200 grams, the person
19shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
20for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
21felony.
AB3, s. 708
22Section
708. 961.41 (1m) (e) 5. of the statutes is repealed.
AB3, s. 709
23Section
709. 961.41 (1m) (e) 6. of the statutes is repealed.
AB3, s. 710
24Section
710. 961.41 (1m) (em) of the statutes is repealed.
AB3, s. 711
25Section
711. 961.41 (1m) (f) (intro.) of the statutes is amended to read:
AB3,169,4
1961.41
(1m) (f)
Lysergic acid diethylamide. (intro.)
Lysergic If a person violates
2this subsection with respect to lysergic acid diethylamide or a controlled substance
3analog of lysergic acid diethylamide
is subject to the following penalties if and the
4amount possessed, with intent to manufacture, distribute or deliver, is:
AB3, s. 712
5Section
712. 961.41 (1m) (f) 1. of the statutes is amended to read:
AB3,169,86
961.41
(1m) (f) 1. One gram or less, the person
shall be fined not less than
7$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
86 months is guilty of a Class G felony.
AB3, s. 713
9Section
713. 961.41 (1m) (f) 2. of the statutes is amended to read:
AB3,169,1310
961.41
(1m) (f) 2. More than one gram but not more than 5 grams, the person
11shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
12for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
13F felony.
AB3, s. 714
14Section
714. 961.41 (1m) (f) 3. of the statutes is amended to read:
AB3,169,1715
961.41
(1m) (f) 3. More than 5 grams, the person
shall be fined not less than
16$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
17nor more than 22 years and 6 months is guilty of a Class E felony.
AB3, s. 715
18Section
715. 961.41 (1m) (g) (intro.) of the statutes is amended to read:
AB3,169,2219
961.41
(1m) (g)
Psilocin and psilocybin. (intro.)
Psilocin If a person violates
20this subsection with respect to psilocin or psilocybin, or a controlled substance analog
21of psilocin or psilocybin,
is subject to the following penalties if and the amount
22possessed, with intent to manufacture, distribute or deliver, is:
AB3, s. 716
23Section
716. 961.41 (1m) (g) 1. of the statutes is amended to read:
AB3,170,3
1961.41
(1m) (g) 1. One hundred grams or less, the person
shall be fined not less
2than $1,000 nor more than $100,000 and may be imprisoned for not more than 7
3years and 6 months is guilty of a Class G felony.
AB3, s. 717
4Section
717. 961.41 (1m) (g) 2. of the statutes is amended to read:
AB3,170,85
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
6person
shall be fined not less than $1,000 nor more than $200,000 and shall be
7imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty
8of a Class F felony.
AB3, s. 718
9Section
718. 961.41 (1m) (g) 3. of the statutes is amended to read:
AB3,170,1210
961.41
(1m) (g) 3. More than 500 grams, the person
shall be fined not less than
11$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
12nor more than 22 years and 6 months is guilty of a Class E felony.
AB3, s. 719
13Section
719. 961.41 (1m) (h) (intro.) of the statutes is amended to read:
AB3,170,1814
961.41
(1m) (h)
Tetrahydrocannabinols. (intro.)
Tetrahydrocannabinols If a
15person violates this subsection with respect to tetrahydrocannabinols, included
16under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols,
is
17subject to the following penalties if and the amount possessed, with intent to
18manufacture, distribute
, or deliver, is:
AB3, s. 720
19Section
720. 961.41 (1m) (h) 1. of the statutes is amended to read:
AB3,170,2320
961.41
(1m) (h) 1.
Five Two hundred grams or less, or
10 4 or fewer plants
21containing tetrahydrocannabinols, the person
shall be fined not less than $500 nor
22more than $25,000 and may be imprisoned for not more than 4 years and 6 months 23is guilty of a Class I felony.
AB3, s. 721
24Section
721. 961.41 (1m) (h) 2. of the statutes is amended to read:
AB3,171,5
1961.41
(1m) (h) 2. More than
500 200 grams but not more than
2,500
1,000 2grams, or more than
10 4 plants containing tetrahydrocannabinols but not more than
350 20 plants containing tetrahydrocannabinols, the person
shall be fined not less
4than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3
5months nor more than 7 years and 6 months is guilty of a Class H felony.
AB3, s. 722
6Section
722. 961.41 (1m) (h) 3. of the statutes is amended to read:
AB3,171,117
961.41
(1m) (h) 3. More than
2,500
1,000 grams
but not more than 2,500 grams,
8or more than
50 20 plants containing tetrahydrocannabinols
but not more than 50
9plants containing tetrahydrocannabinols, the person
shall be fined not less than
10$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
11nor more than 15 years is guilty of a Class G felony.
AB3, s. 723
12Section
723. 961.41 (1m) (h) 4. of the statutes is created to read:
AB3,171,1513
961.41
(1m) (h) 4. More than 2,500 grams but not more than 10,000 grams, or
14more than 50 plants containing tetrahydrocannabinols but not more than 200 plants
15containing tetrahydrocannabinols, the person is guilty of a Class F felony.
AB3, s. 724
16Section
724. 961.41 (1m) (h) 5. of the statutes is created to read:
AB3,171,1817
961.41
(1m) (h) 5. More than 10,000 grams, or more than 200 plants containing
18tetrahydrocannabinols, the person is guilty of a Class E felony.
AB3, s. 725
19Section
725. 961.41 (1m) (i) of the statutes is amended to read:
AB3,171,2320
961.41
(1m) (i)
Schedule IV drugs. Except as provided in par. (im),
if a person
21violates this subsection with respect to a substance included in schedule IV,
may be
22fined not more than $10,000 or imprisoned for not more than 4 years and 6 months
23or both the person is guilty of a Class H felony.
AB3, s. 726
24Section
726. 961.41 (1m) (im) of the statutes is repealed and recreated to read:
AB3,172,2
1961.41
(1m) (im)
Flunitrazepam. If a person violates this subsection with
2respect to flunitrazepam, the person is guilty of a Class G felony.
AB3, s. 727
3Section
727. 961.41 (1m) (j) of the statutes is amended to read:
AB3,172,64
961.41
(1m) (j)
Schedule V drugs. A If a person violates this subsection with
5respect to a substance included in schedule V,
may be fined not more than $5,000 or
6imprisoned for not more than 2 years or both the person is guilty of a Class I felony.
AB3, s. 728
7Section
728. 961.41 (1n) (c) of the statutes is amended to read:
AB3,172,98
961.41
(1n) (c) A person who violates par. (a) or (b)
may be fined not more than
9$250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
AB3, s. 729
10Section
729. 961.41 (1q) of the statutes is amended to read:
AB3,172,1511
961.41
(1q) Penalty relating to tetrahydrocannabinols in certain cases. 12Under
s. 961.49 (2), 1999 stats., and subs. (1) (h) and (1m) (h)
and s. 961.49 (2), if
13different penalty provisions apply to a person depending on whether the weight of
14tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is
15considered, the greater penalty provision applies.
AB3, s. 730
16Section
730. 961.41 (1r) of the statutes is amended to read:
AB3,173,217
961.41
(1r) Determining weight of substance. In determining amounts under
18s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m)
and s. 961.49 (2) (b), an amount
19includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid
20diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
21methcathinone or tetrahydrocannabinols or any controlled substance analog of any
22of these substances together with any compound, mixture, diluent, plant material
23or other substance mixed or combined with the controlled substance or controlled
24substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
1(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
2(4) (t) and includes the weight of any marijuana.
AB3, s. 731
3Section
731. 961.41 (2) (intro.) of the statutes is amended to read:
AB3,173,74
961.41
(2) Counterfeit substances. (intro.) Except as authorized by this
5chapter, it is unlawful for any person to create, manufacture, distribute, deliver or
6possess with intent to distribute or deliver, a counterfeit substance. Any person who
7violates this subsection
with respect to is subject to the following penalties:
AB3, s. 732
8Section
732. 961.41 (2) (a) of the statutes is amended to read:
AB3,173,139
961.41
(2) (a)
Counterfeit schedule I and II narcotic drugs. A If a person
10violates this subsection with respect to a counterfeit substance included in schedule
11I or II which is a narcotic drug,
may be fined not more than $25,000 or imprisoned
12for not more than 22 years and 6 months or both the person is guilty of a Class E
13felony.
AB3, s. 733
14Section
733. 961.41 (2) (b) of the statutes is amended to read:
AB3,173,1915
961.41
(2) (b)
Counterfeit schedule I, II, III, and IV drugs. Any Except as
16provided in par. (cm),
if a person violates this subsection with respect to any other
17counterfeit substance included in schedule I, II
or, III
, or IV,
may be fined not more
18than $15,000 or imprisoned for not more than 7 years and 6 months or both the
19person is guilty of a Class H felony.
AB3, s. 734
20Section
734. 961.41 (2) (c) of the statutes is repealed.
AB3, s. 735
21Section
735. 961.41 (2) (cm) of the statutes is amended to read:
AB3,173,2522
961.41
(2) (cm)
Counterfeit flunitrazepam. A If a person violates this
23subsection with respect to a counterfeit substance which is flunitrazepam,
may be
24fined not more than $15,000 or imprisoned for not more than 7 years and 6 months
25or both the person is guilty of a Class G felony.
AB3, s. 736
1Section
736. 961.41 (2) (d) of the statutes is amended to read:
AB3,174,52
961.41
(2) (d)
Counterfeit schedule V drugs. A If a person violates this
3subsection with respect to a counterfeit substance included in schedule V,
may be
4fined not more than $5,000 or imprisoned for not more than 2 years or both the person
5is guilty of a Class I felony.
AB3, s. 737
6Section
737. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am)
7and amended to read:
AB3,174,158
961.41
(3g) (am)
Schedule I and II narcotic drugs. Except as provided in subd.
92., if the If a person possesses a controlled substance included in schedule I or II
10which is a narcotic drug, or possesses a controlled substance analog of a controlled
11substance included in schedule I or II which is a narcotic drug, the person
may, upon
12a first conviction, be fined not more than $5,000 or imprisoned for not more than 2
13years or both, and, for a 2nd or subsequent offense, the person may be fined not more
14than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I
15felony.
AB3, s. 738
16Section
738. 961.41 (3g) (a) 2. of the statutes is repealed.
AB3, s. 739
17Section
739. 961.41 (3g) (a) 3. of the statutes is repealed.
AB3, s. 740
18Section
740. 961.41 (3g) (b) of the statutes is amended to read:
AB3,174,2419
961.41
(3g) (b)
Other drugs generally. Except as provided in pars. (c), (d),
(dm), 20(e) and (f), if the person possesses or attempts to possess a controlled substance or
21controlled substance analog, other than a controlled substance included in schedule
22I or II that is a narcotic drug or a controlled substance analog of a controlled
23substance included in schedule I or II that is a narcotic drug, the person is guilty of
24a misdemeanor, punishable under s. 939.61.
AB3, s. 741
25Section
741. 961.41 (3g) (c) of the statutes is amended to read:
AB3,175,10
1961.41
(3g) (c)
Cocaine and cocaine base. If a person possess or attempts to
2possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
3base, the person shall be fined not more than $5,000 and may be imprisoned for not
4more than one year in the county jail
upon a first conviction and is guilty of a Class
5I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
6is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
7offense, the offender has at any time been convicted of any felony or misdemeanor
8under this chapter or under any statute of the United States or of any state relating
9to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
10or depressant, stimulant, or hallucinogenic drugs.
AB3, s. 742
11Section
742. 961.41 (3g) (d) of the statutes is amended to read:
AB3,175,2412
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
13possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
14amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, or a
15controlled substance analog of lysergic acid diethylamide, phencyclidine,
16amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, the person
17may be fined not more than $5,000 or imprisoned for not more than one year in the
18county jail or both
upon a first conviction and is guilty of a Class I felony for a 2nd
19or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
20or subsequent offense if, prior to the offender's conviction of the offense, the offender
21has at any time been convicted of any felony or misdemeanor under this chapter or
22under any statute of the United States or of any state relating to controlled
23substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
24stimulant, or hallucinogenic drugs.
AB3, s. 743
25Section
743. 961.41 (3g) (dm) of the statutes is repealed.
AB3, s. 744
1Section
744. 961.41 (3g) (e) of the statutes is amended to read:
AB3,176,112
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
3possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
4substance analog of tetrahydrocannabinols, the person may be fined not more than
5$1,000 or imprisoned for not more than 6 months or both
upon a first conviction and
6is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
7paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
8offender's conviction of the offense, the offender has at any time been convicted of any
9felony or misdemeanor under this chapter or under any statute of the United States
10or of any state relating to controlled substances, controlled substance analogs,
11narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
AB3, s. 745
12Section
745. 961.41 (3g) (f) of the statutes is amended to read:
AB3,176,1713
961.41
(3g) (f)
Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine,
14or flunitrazepam. If a person possesses or attempts to possess
15gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
16the person
may be fined not more than $5,000 or imprisoned for not more than 2 years
17or both is guilty of a Class H felony.
AB3, s. 746
18Section
746. 961.41 (4) (am) 3. of the statutes is amended to read:
AB3,176,2119
961.41
(4) (am) 3. A person
convicted of violating who violates this paragraph
20may be fined not more than $5,000 or imprisoned for not more than 2 years or both 21is guilty of a Class I felony.
AB3, s. 747
22Section
747. 961.42 (2) of the statutes is amended to read:
AB3,176,2423
961.42
(2) Any person who violates this section
may be fined not more than
24$25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
AB3, s. 748
25Section
748. 961.43 (2) of the statutes is amended to read:
AB3,177,2
1961.43
(2) Any person who violates this section
may be fined not more than
2$30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
AB3, s. 749
3Section
749. 961.437 (4) (a) of the statutes is amended to read:
AB3,177,64
961.437
(4) (a) For a first offense, the person
shall be fined not less than $1,000
5nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both 6is guilty of a Class H felony.