1. If the amount possessed, with intent to manufacture or deliver, is 500 Five hundred grams or less, or 10 marijuana or fewer plants
or less containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 years.
2. If the amount possessed, with intent to manufacture or deliver, is more More than 500 grams but not more than 2,500 grams, or more than 10 marijuana plants
containing tetrahydrocannabinols but not more than 50 marijuana 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 5 years.
3. If the amount possessed, with intent to manufacture or deliver, is more More than 2,500 grams, or more than 50 marijuana 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 10 years.
(i) A substance classified included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both;.
(j) A substance classified included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.
448,246
Section 246
. 161.41 (1p) (a) (intro.) of the statutes is repealed.
448,247
Section 247
. 161.41 (1p) (a) 1. of the statutes is renumbered 961.01 (20h).
448,248
Section 248
. 161.41 (1p) (a) 2. of the statutes is renumbered 961.01 (21m).
448,249
Section 249
. 161.41 (1p) (b) of the statutes is renumbered 961.492, and 961.492 (intro.) and (1), as renumbered, are amended to read:
961.492 (title) Distribution or possession with intent to deliver certain controlled substances on public transit vehicles. If a person violates sub.
s. 961.41 (1) or (1m) under all of the following circumstances, the maximum period of imprisonment under sub. s. 961.41 (1) or (1m) may be increased by not more than 5 years:
(1) The violation of sub.
s. 961.41 (1) or (1m) involves the distribution or delivery or the possession, with intent to distribute or deliver, of any controlled substance included in schedule I or II or a controlled substance analog of any controlled substance included in schedule I or II.
448,250
Section 250
. 161.41 (1q) of the statutes is renumbered 961.41 (1q) and amended to read:
961.41 (1q) (title) Penalty relating to tetrahydrocannabinols in certain cases. Under subs. (1) (h) and (1m) (h) and s. 161.49 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of marijuana plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.
448,251
Section 251
. 161.41 (1r) of the statutes is renumbered 961.41 (1r) and amended to read:
961.41 (1r) (title) Determining weight of substance. In determining amounts under subs. (1) and (1m) and s. 161.49 961.49 (2) (b), an amount includes the weight of the controlled substance included under s. 161.16 (2) (b) 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 covered
included under s. 161.14 961.14 (4) (t) and includes the weight of any marijuana.
448,252
Section 252
. 161.41 (1x) of the statutes is renumbered 961.41 (1x).
448,253
Section 253
. 161.41 (2) of the statutes is renumbered 961.41 (2) and amended to read:
961.41 (2) (title) Counterfeit substances. 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:
(a) A counterfeit substance classified 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 15 years or both;.
(b) Any other counterfeit substance classified included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 years or both;.
(c) A counterfeit substance classified included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both;.
(d) A counterfeit substance classified included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.
448,254
Section 254
. 161.41 (2m) of the statutes is renumbered 961.41 (4) (bm) and amended to read:
961.41 (4) (bm) It is unlawful for any person to agree, consent or offer to lawfully manufacture, deliver, distribute or dispense any controlled substance to any person, or to offer, arrange or negotiate to have any controlled substance unlawfully manufactured, delivered, distributed or dispensed, and then manufacture, deliver, distribute or dispense or offer, arrange or negotiate to have manufactured, delivered, distributed or dispensed to any such person a substance which is not a controlled substance. Any person who violates this subsection paragraph may be fined not more than $500 or imprisoned for not more than 6 months or both.
448,255
Section 255
. 161.41 (2r) (a) of the statutes is renumbered 961.41 (3g) (intro.) and amended to read:
961.41 (3g) (title) Possession. (intro.) Except as provided in par. (b), it is unlawful for any person to No person may possess or attempt to possess a controlled substance classified in schedule I or II that is a narcotic drug or a controlled substance analog unless the substance was obtained person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner while who is acting in the course of his or her professional practice, or except as unless the person is otherwise authorized by this chapter to possess the substance or the analog. Any person who violates this paragraph subsection is subject to the following penalties:
(a) 1. Except as provided in subd. 2., if the 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, may be fined not more than $5,000 or imprisoned for not more than one year 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 2 years or both.
448,256
Section 256
. 161.41 (2r) (b) of the statutes is renumbered 961.41 (3g) (a) 2. and amended to read:
961.41 (3g) (a) 2. It is unlawful for any person to possess or attempt If the person possesses or attempts to possess heroin unless it was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any or a controlled substance analog of heroin, the person who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than one year or both.
448,257
Section 257
. 161.41 (2r) (c) of the statutes is renumbered 961.41 (3g) (a) 3. and amended to read:
961.41 (3g) (a) 3. For purposes of this subsection 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 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.
448,258
Section 258
. 161.41 (3) of the statutes is renumbered 961.41 (3g) (b) and amended to read:
961.41 (3g) (b) Except as provided in subs. (3m), (3n), (3p) and (3r), it is unlawful for any pars. (c), (d) and (e), if the person to possess or attempt
possesses or attempts to possess a controlled substance or controlled substance analog, other than a controlled substance classified included in schedule I or II that is a narcotic drug ,unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, the person who violates this subsection is guilty of a misdemeanor, punishable under s. 939.61.
448,259
Section 259
. 161.41 (3m) of the statutes is renumbered 961.41 (3g) (c) and amended to read:
961.41 (3g) (c) It is unlawful for any person to possess or attempt If a person possess or attempts to possess a controlled substance included under s. 161.16 (2) (b), unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person who violates this subsection shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail.
448,260
Section 260
. 161.41 (3n) of the statutes is renumbered 961.41 (3g) (d) and amended to read:
961.41 (3g) (d) It is unlawful for any person to possess or attempt If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person who violates this subsection may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.
448,261
Section 261
. 161.41 (3p) of the statutes is repealed.
448,262
Section 262
. 161.41 (3r) of the statutes is renumbered 961.41 (3g) (e) and amended to read:
961.41 (3g) (e) It is unlawful for any person to possess or attempt If a person possesses or attempts to possess tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), unless it was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any or a controlled substance analog of tetrahydrocannabinols, the person who violates this subsection may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
448,263
Section 263
. 161.41 (4) (a) of the statutes is renumbered 961.41 (4) (am) 1. and amended to read:
961.41 (4) (am) 1. No person may knowingly distribute or deliver, attempt to distribute or deliver or cause to be distributed or delivered a noncontrolled substance and expressly or impliedly represent any of the following to the recipient:
a. The That the substance is a controlled substance; or.
b. The That the substance is of a nature, appearance or effect that will allow the recipient to display, sell, distribute, deliver or use the noncontrolled substance as a controlled substance, if the representation is made under circumstances in which the person has reasonable cause to believe that the noncontrolled substance will be used or distributed for use as a controlled substance.
448,264
Section 264
. 161.41 (4) (b) of the statutes is renumbered 961.41 (4) (am) 2., and 961.41 (4) (am) 2. (intro.) and d., as renumbered, are amended to read:
961.41 (4) (am) 2. Proof of any of the following is prima facie evidence of a representation specified in par. (a) 1. or 2. subd. 1. a. or b.:
d. The person distributing or delivering, attempting to distribute or deliver or causing distribution or delivery of the substance to be made states to the recipient that the substance may be resold at a price that substantially exceeds the value of the substance.
448,265
Section 265
. 161.41 (4) (c) of the statutes is renumbered 961.41 (4) (am) 3. and amended to read:
961.41 (4) (am) 3. A person convicted of violating this subsection paragraph may be fined not more than $5,000 or imprisoned for not more than one year or both.
448,266
Section 266
. 161.41 (5) of the statutes is renumbered 961.41 (5).
448,267
Section 267
. 161.42 of the statutes is renumbered 961.42.
448,268
Section 268
. 161.43 of the statutes is renumbered 961.43, and 961.43 (1) (b) (intro.) and 1., as renumbered, are amended to read:
961.43 (1) (b) (intro.) To
Without authorization, to make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as:
1. To make a counterfeit a drug
substance; or
448,269
Section 269
. 161.435 of the statutes is renumbered 961.435 and amended to read:
961.435 Specific penalty. Any person who violates s. 161.38 961.38 (5) may be fined not more than $500 or imprisoned not more than 30 days or both.
448,270
Section 270
. 161.438 of the statutes is renumbered 961.438.
448,271
Section 271
. 161.44 of the statutes is renumbered 961.44.
448,272
Section 272
. 161.45 of the statutes is renumbered 961.45.
448,273
Section 273
. 161.455 (title) of the statutes is renumbered 961.455 (title).
448,274
Section 274
. 161.455 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.455 (1) and amended to read:
961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is 17 years of age or under for the purpose of violating s. 161.41 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.
448,275
Section 275
. 161.455 (2), (3) and (4) of the statutes are renumbered 961.455 (2), (3) and (4), and 961.455 (4), as renumbered, is amended to read:
961.455 (4) If the conduct described under sub. (1) results in a violation under s. 161.41 961.41 (1), the actor is subject to prosecution and conviction under s. 161.41 961.41 (1) or this section or both.
448,276
Section 276
. 161.46 (title) of the statutes is renumbered 961.46 (title).
448,277
Section 277
. 161.46 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.46 (1) and amended to read:
961.46 (1) Except as provided in sub. (3), any person 17 years of age or over who violates s. 161.41
961.41 (1) by distributing or delivering a controlled substance
listed 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 to a person 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 961.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 961.41 (1) (a), or both.
448,278
Section 278
. 161.46 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.46 (2) and amended to read:
961.46 (2) Except as provided in sub. (3), any person 17 years of age or over who violates s. 161.41
961.41 (1) by distributing or delivering any other controlled substance listed included in schedule I, II, III, IV or V or a controlled substance analog of any other controlled substance included in schedule I or II to a person 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 961.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 961.41 (1) (b), (i) or (j) or both.
448,279
Section 279
. 161.46 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.46 (3) and amended to read:
961.46 (3) If any person 17 years of age or over violates s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b) or delivering cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances to a person 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h) are doubled.
448,280
Section 280
. 161.465 (title) of the statutes is renumbered 961.465 (title).
448,281
Section 281
. 161.465 (1) of the statutes is renumbered 961.465 (1) and amended to read:
961.465 (1) Except as provided in sub. (2), any person who violates s. 161.41 961.41 (1) or (1m) by delivering, distributing or possessing with intent to deliver or distribute a controlled substance or controlled substance analog to a prisoner within the precincts of any prison, jail or house of correction is subject to the applicable fine under s. 161.41 961.41 (1) or (1m) or a term of imprisonment of up to twice that authorized by s. 161.41
961.41 (1) or (1m) or both.
448,282
Section 282
. 161.465 (2) of the statutes is renumbered 961.465 (2) and amended to read:
961.465 (2) If a person violates s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h) or (1m) (cm), (d), (e), (f), (g) or (h) by delivering, distributing or possessing with intent to deliver a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b) or distribute cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols, or a controlled substance analog of any of these substances, to a prisoner within the precincts of any prison, jail or house of correction, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h) or (1m) (cm), (d), (e), (f), (g) or (h) are doubled.
448,283
Section 283
. 161.465 (2m) of the statutes is renumbered 961.465 (2m) and amended to read:
961.465 (2m) A person may be subject to increased penalties under both this section and s. 161.49
961.49 regarding the same unlawful act.
448,284
Section 284
. 161.465 (3) of the statutes is renumbered 961.465 (3).
448,285
Section 285
. 161.47 of the statutes is renumbered 961.47, and 961.47 (1), as renumbered, is amended to read:
961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s.
161.41 (3) 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 161.48 961.48. There may be only one discharge and dismissal under this section with respect to any person.
448,286
Section 286
. 161.472 of the statutes is renumbered 961.472, and 961.472 (2) and (4), as renumbered, are amended to read:
961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 161.41 (2r) (b), (3m), (3n) or (3p) 961.41 (3g) (a) 2., (c) or (d), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health and social services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 161.475 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).
(4) The court shall consider the assessment report in determining whether the treatment option under s. 161.475 961.475 is appropriate.
448,287
Section 287
. 161.475 of the statutes is renumbered 961.475 and amended to read:
961.475 Treatment option. Whenever any person pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g), the court may, upon request of the person and with the consent of a treatment facility with special inpatient or outpatient programs for the treatment of drug dependent persons, allow the person to enter the treatment programs voluntarily for purposes of treatment and rehabilitation. Treatment shall be for the period the treatment facility feels is necessary and required, but shall not exceed the maximum sentence allowable unless the person consents to the continued treatment. At the end of the necessary and required treatment, with the consent of the court, the person may be released from sentence. If treatment efforts are ineffective or the person ceases to cooperate with treatment rehabilitation efforts, the person may be remanded to the court for completion of sentencing.
448,288
Section 288
. 161.48 of the statutes is renumbered 961.48, and 961.48 (2), (3) and (4), as renumbered, are amended to read:
961.48 (2) If any person is convicted of a 2nd or subsequent offense under this chapter that is specified in s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e), any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e) are doubled. A 2nd or subsequent offense under s. 161.41 (3m), (3n), (3p) or (3r) 961.41 (3g) (c), (d) or (e) is a felony and the person may be imprisoned in state prison.
(3) For purposes of this section, 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 under this chapter or under any statute of the United States or of any state relating to controlled substance controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.
