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:
109,1058
Section 1058. 961.41 (2) (a) of the statutes is amended to read:
961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to a counterfeit 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 (2) (b) Counterfeit schedule I, II, III, and IV drugs. Except as provided in pars. (a) and (bm)
, and (cm), if a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both or IV, the person is guilty of a Class H felony.
109,1060
Section 1060. 961.41 (2) (c) of the statutes is repealed.
109,1061
Section 1061. 961.41 (2) (cm) (title) of the statutes is created to read:
961.41 (2) (cm) (title) Counterfeit flunitrazepam.
109,1062
Section 1062. 961.41 (2) (d) of the statutes is amended to read:
961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit 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.
109,1063
Section 1063. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am) and amended to read:
961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd. 2., if the If a 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, be fined not more than $5,000 or imprisoned for not more than 2 years 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 3 years or both is guilty of a Class I felony.
109,1064
Section 1064. 961.41 (3g) (a) 2. of the statutes is repealed.
109,1065
Section 1065. 961.41 (3g) (a) 3. of the statutes is repealed.
109,1066
Section 1066. 961.41 (3g) (b) of the statutes is amended to read:
961.41 (3g) (b) Other drugs generally. Except as provided in pars. (c), (d), (dm), (e) and (f), if the person possesses or attempts to possess a controlled substance or controlled substance analog, other than a controlled substance included in schedule I or II that is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, the person is guilty of a misdemeanor, punishable under s. 939.61.
109,1067
Section 1067. 961.41 (3g) (c) of the statutes is amended to read:
961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 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 of any felony or misdemeanor 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.
109,1068
Section 1068. 961.41 (3g) (d) of the statutes is amended to read:
961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 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 of any felony or misdemeanor 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.
109,1069
Section 1069. 961.41 (3g) (dm) of the statutes is repealed.
109,1070
Section 1070. 961.41 (3g) (e) of the statutes is amended to read:
961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 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 of any felony or misdemeanor 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.
109,1071
Section 1071. 961.41 (3g) (f) of the statutes is amended to read:
961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine, or flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class H felony.
109,1072
Section 1072. 961.41 (4) (am) 3. of the statutes is amended to read:
961.41 (4) (am) 3. A person convicted of violating who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.
109,1073
Section 1073. 961.42 (2) of the statutes is amended to read:
961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
109,1074
Section 1074. 961.43 (2) of the statutes is amended to read:
961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
109,1075
Section 1075. 961.437 (4) (a) of the statutes is amended to read:
961.437 (4) (a) For a first offense, the person shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.
109,1076
Section 1076. 961.437 (4) (b) of the statutes is amended to read:
961.437 (4) (b) For a 2nd or subsequent offense, the person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
109,1077
Section 1077. 961.438 of the statutes is repealed.
109,1078
Section 1078. 961.455 (1) of the statutes is 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 under the age of 17 years
of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
109,1079
Section 1079. 961.455 (3) of the statutes is amended to read:
961.455 (3) Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30 or 948.35.
109,1080
Section 1080. 961.46 (1) of the statutes is renumbered 961.46 and amended to read:
961.46 Distribution to persons under age 18. Except as provided in sub. (3), any If a person 17 years of age or over who violates s. 961.41 (1) by distributing or delivering 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 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. 961.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.
109,1081
Section 1081. 961.46 (2) of the statutes is repealed.
109,1082
Section 1082. 961.46 (3) of the statutes is repealed.
109,1083
Section 1083. 961.465 of the statutes is repealed.
