AB1-ASA1,313,63
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-ASA1, s. 1045
11Section 1045. 961.41 (1m) (i) of the statutes is amended to read:
AB1-ASA1,313,1512
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-ASA1,313,2118
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-ASA1,314,3
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-ASA1,314,96
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-ASA1,314,1512
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-ASA1,314,2118
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-ASA1,315,42
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-ASA1,315,76
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-ASA1,315,139
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-ASA1,315,2415
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-ASA1, s. 1057
25Section 1057. 961.41 (2) (intro.) of the statutes is amended to read:
AB1-ASA1,316,4
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-ASA1,316,106
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-ASA1,316,1713
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-ASA1, s. 1061
19Section 1061. 961.41 (2) (cm) (title) of the statutes is created to read:
AB1-ASA1,316,2020
961.41
(2) (cm) (title)
Counterfeit flunitrazepam.
AB1-ASA1,316,2522
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-ASA1, s. 1063
1Section 1063. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am)
2and amended to read:
AB1-ASA1,317,103
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-ASA1, s. 1066
13Section 1066. 961.41 (3g) (b) of the statutes is amended to read:
AB1-ASA1,317,1914
961.41
(3g) (b)
Other drugs generally. Except as provided in pars. (c), (d),
(dm), 15(e) and (f), if the person possesses or attempts to possess a controlled substance or
16controlled substance analog, other than a controlled substance included in schedule
17I or II that is a narcotic drug or a controlled substance analog of a controlled
18substance included in schedule I or II that is a narcotic drug, the person is guilty of
19a misdemeanor, punishable under s. 939.61.
AB1-ASA1, s. 1067
20Section 1067. 961.41 (3g) (c) of the statutes is amended to read:
AB1-ASA1,318,521
961.41
(3g) (c)
Cocaine and cocaine base. If a person possess or attempts to
22possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
23base, the person shall be fined not more than $5,000 and may be imprisoned for not
24more than one year in the county jail
upon a first conviction and is guilty of a Class
25I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
1is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
2offense, the offender has at any time been convicted of any felony or misdemeanor
3under this chapter or under any statute of the United States or of any state relating
4to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
5or depressant, stimulant, or hallucinogenic drugs.
AB1-ASA1,318,197
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
8possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
9amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, or a
10controlled substance analog of lysergic acid diethylamide, phencyclidine,
11amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, the person
12may be fined not more than $5,000 or imprisoned for not more than one year in the
13county jail or both
upon a first conviction and is guilty of a Class I felony for a 2nd
14or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
15or subsequent offense if, prior to the offender's conviction of the offense, the offender
16has at any time been convicted of any felony or misdemeanor under this chapter or
17under any statute of the United States or of any state relating to controlled
18substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
19stimulant, or hallucinogenic drugs.
AB1-ASA1, s. 1070
21Section 1070. 961.41 (3g) (e) of the statutes is amended to read:
AB1-ASA1,319,622
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
23possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
24substance analog of tetrahydrocannabinols, the person may be fined not more than
25$1,000 or imprisoned for not more than 6 months or both
upon a first conviction and
1is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
2paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
3offender's conviction of the offense, the offender has at any time been convicted of any
4felony or misdemeanor under this chapter or under any statute of the United States
5or of any state relating to controlled substances, controlled substance analogs,
6narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
AB1-ASA1,319,128
961.41
(3g) (f)
Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine,
9or flunitrazepam. If a person possesses or attempts to possess
10gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
11the person
may be fined not more than $5,000 or imprisoned for not more than 2 years
12or both is guilty of a Class H felony.
AB1-ASA1, s. 1072
13Section 1072. 961.41 (4) (am) 3. of the statutes is amended to read:
AB1-ASA1,319,1614
961.41
(4) (am) 3. A person
convicted of violating who violates this paragraph
15may be fined not more than $5,000 or imprisoned for not more than 2 years or both 16is guilty of a Class I felony.
AB1-ASA1,319,1918
961.42
(2) Any person who violates this section
may be fined not more than
19$25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
AB1-ASA1,319,2221
961.43
(2) Any person who violates this section
may be fined not more than
22$30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
AB1-ASA1, s. 1075
23Section 1075. 961.437 (4) (a) of the statutes is amended to read:
AB1-ASA1,320,3
1961.437
(4) (a) For a first offense, the person
shall be fined not less than $1,000
2nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both 3is guilty of a Class H felony.
AB1-ASA1,320,75
961.437
(4) (b) For a 2nd or subsequent offense, the person
shall be fined not
6less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years
7or both is guilty of a Class F felony.
AB1-ASA1,320,1310
961.455
(1) Any person who has attained the age of 17 years who knowingly
11solicits, hires, directs, employs or uses a person who is
under the age of 17 years
of
12age or under for the purpose of violating s. 961.41 (1)
may be fined not more than
13$50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
AB1-ASA1,320,1715
961.455
(3) Solicitation under sub. (1) occurs in the manner described under
16s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s.
17939.30
or 948.35.
AB1-ASA1, s. 1080
18Section 1080. 961.46 (1) of the statutes is renumbered 961.46 and amended
19to read:
AB1-ASA1,321,3
20961.46 Distribution to persons under age 18. Except as provided in sub.
21(3), any If a person 17 years of age or over
who violates s. 961.41 (1) by distributing
22or delivering a controlled substance
included in schedule I or II which is a narcotic
23drug or a controlled substance analog
of a controlled substance included in schedule
24I or II which is a narcotic drug to a person 17 years of age or under who is at least
253 years his or her junior
is punishable by the fine authorized by s. 961.41 (1) (a) or
1a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the
2applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
3offense may be increased by not more than 5 years.
AB1-ASA1,321,198
961.472
(2) Except as provided in sub. (5), if a person pleads guilty or is found
9guilty of possession or attempted possession of a controlled substance or controlled
10substance analog under s. 961.41 (3g)
(a) 2. (am), (c),
or (d)
or (dm), the court shall
11order the person to comply with an assessment of the person's use of controlled
12substances. The court's order shall designate a facility that is operated by or
13pursuant to a contract with the county department established under s. 51.42 and
14that is certified by the department of health and family services to provide
15assessment services to perform the assessment and, if appropriate, to develop a
16proposed treatment plan. The court shall notify the person that noncompliance with
17the order limits the court's ability to determine whether the treatment option under
18s. 961.475 is appropriate. The court shall also notify the person of the fee provisions
19under s. 46.03 (18) (fm).
AB1-ASA1, s. 1085
20Section 1085. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and
21amended to read:
AB1-ASA1,322,322
961.48
(1) (intro.)
Except as provided in subs. (2) and (4), any If a person
who 23is charged under sub. (2m) with
a felony offense under this chapter that is a 2nd or
24subsequent offense
as provided under
this chapter sub. (3) and
the person is 25convicted of that 2nd or subsequent offense
may be fined an amount up to twice that
1otherwise authorized or imprisoned for a term up to twice the term otherwise
2authorized or both., the maximum term of imprisonment for the offense may be
3increased as follows:
AB1-ASA1, s. 1086
4Section 1086. 961.48 (1) (a) and (b) of the statutes are created to read:
AB1-ASA1,322,55
961.48
(1) (a) By not more than 6 years, if the offense is a Class C or D felony.
AB1-ASA1,322,66
(b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.
AB1-ASA1,322,169
961.48
(2m) (a) Whenever a person charged with
an a felony offense under this
10chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
11not subject to an enhanced penalty under sub. (1)
or (2) unless any applicable prior
12convictions are alleged in the complaint, indictment or information or in an amended
13complaint, indictment or information that is filed under par. (b) 1. A person is not
14subject to an enhanced penalty under sub. (1)
or (2) for an offense if an allegation of
15applicable prior convictions is withdrawn by an amended complaint filed under par.
16(b) 2.
AB1-ASA1,322,2318
961.48
(3) For purposes of this section,
an a felony offense
under this chapter 19is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
20offense, the offender has at any time been convicted
of any felony or misdemeanor
21offense under this chapter or under any statute of the United States or of any state
22relating to controlled substances or controlled substance analogs, narcotic drugs,
23marijuana or depressant, stimulant or hallucinogenic drugs.
AB1-ASA1, s. 1091
1Section 1091. 961.49 (1) of the statutes is renumbered 961.49, and 961.49
2(intro.), as renumbered, is amended to read:
AB1-ASA1,323,12
3961.49 Distribution of or possession with intent to deliver a controlled
4substance on or near certain places. (intro.) If any person violates s. 961.41 (1)
5(cm), (d), (e),
(em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m)
6(cm), (d), (e),
(em), (f), (g) or (h) by possessing with intent to deliver or distribute,
7cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
8psilocybin, amphetamine, methamphetamine, methcathinone or any form of
9tetrahydrocannabinols or a controlled substance analog of any of these substances
10and the delivery, distribution or possession takes place under any of the following
11circumstances, the maximum term of imprisonment prescribed by law for that crime
12may be increased by 5 years:
