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 of the statutes is repealed.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 of the statutes is repealed.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:
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:
109,1033
Section 1033. 961.41 (1m) (h) 1. of the statutes is amended to read:
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.
109,1034
Section 1034. 961.41 (1m) (h) 2. of the statutes is amended to read:
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.
109,1035
Section 1035. 961.41 (1m) (h) 3. of the statutes is amended to read:
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.
109,1036
Section 1036. 961.41 (1m) (h) 4. of the statutes is created to read:
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.
109,1037
Section 1037. 961.41 (1m) (h) 5. of the statutes is created to read:
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.
961.41 (1m) (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 the amount possessed, with intent to manufacture, distribute, or deliver is:
961.41 (1m) (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 (1m) (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 (1m) (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 (1m) (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.
109,1045
Section 1045. 961.41 (1m) (i) of the statutes is amended to read:
961.41 (1m) (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 (1m) (im) Flunitrazepam. (intro.) Flunitrazepam is subject to the following penalties if If a person violates this subsection with respect to flunitrazepam and the amount possessed, with intent to manufacture, distribute, or deliver, is:
961.41 (1m) (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 (1m) (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 (1m) (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 (1m) (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.
109,1053
Section 1053. 961.41 (1m) (j) of the statutes is amended to read:
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.
109,1054
Section 1054. 961.41 (1n) (c) of the statutes is amended to read:
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.
109,1055
Section 1055. 961.41 (1q) of the statutes is amended to read:
961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1999 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.
109,1056
Section 1056. 961.41 (1r) of the statutes is amended to read:
961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 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.
109,1057
Section 1057. 961.41 (2) (intro.) of the statutes is amended to read:
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:
