Amendment JR2 ASA1-AB1

AB1-ASA1, s. 954 Section 954. 961.41 (1) (d) (intro.) of the statutes is amended to read:

AB1-ASA1,296,22 961.41 (1) (d) Heroin. (intro.) Heroin If the 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 manufactured, distributed or delivered is:

AB1-ASA1, s. 955 Section 955. 961.41 (1) (d) 1. of the statutes is amended to read:

AB1-ASA1,297,3 961.41 (1) (d) 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 22 years and 6 months is guilty of a Class F felony.

AB1-ASA1, s. 956 Section 956. 961.41 (1) (d) 2. of the statutes is amended to read:

AB1-ASA1,297,8 961.41 (1) (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 $250,000 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.

AB1-ASA1, s. 957 Section 957. 961.41 (1) (d) 3. of the statutes is amended to read:

AB1-ASA1,297,13 961.41 (1) (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.

AB1-ASA1, s. 958 Section 958. 961.41 (1) (d) 4. of the statutes is amended to read:

AB1-ASA1,297,18 961.41 (1) (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.

AB1-ASA1, s. 959 Section 959. 961.41 (1) (d) 5. of the statutes is repealed.

AB1-ASA1, s. 960 Section 960. 961.41 (1) (d) 6. of the statutes is repealed.

AB1-ASA1, s. 961 Section 961. 961.41 (1) (e) (intro.) of the statutes is amended to read:

AB1-ASA1,298,2 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine, and methcathinone. (intro.) Phencyclidine If the 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 manufactured, distributed, or delivered is:

AB1-ASA1, s. 962 Section 962. 961.41 (1) (e) 1. of the statutes is amended to read:

AB1-ASA1,298,6 961.41 (1) (e) 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.

AB1-ASA1, s. 963 Section 963. 961.41 (1) (e) 2. of the statutes is amended to read:

AB1-ASA1,298,11 961.41 (1) (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 $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.

AB1-ASA1, s. 964 Section 964. 961.41 (1) (e) 3. of the statutes is amended to read:

AB1-ASA1,298,16 961.41 (1) (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.

AB1-ASA1, s. 965 Section 965. 961.41 (1) (e) 4. of the statutes is amended to read:

AB1-ASA1,298,21 961.41 (1) (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.

AB1-ASA1, s. 966 Section 966. 961.41 (1) (e) 5. of the statutes is repealed.

AB1-ASA1, s. 967 Section 967. 961.41 (1) (e) 6. of the statutes is repealed.

AB1-ASA1, s. 968 Section 968. 961.41 (1) (em) of the statutes is repealed.

AB1-ASA1, s. 969 Section 969. 961.41 (1) (f) (intro.) of the statutes is amended to read:

AB1-ASA1,299,4 961.41 (1) (f) Lysergic acid diethylamide. (intro.) Lysergic If the 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 manufactured, distributed, or delivered is:

AB1-ASA1, s. 970 Section 970. 961.41 (1) (f) 1. of the statutes is amended to read:

AB1-ASA1,299,8 961.41 (1) (f) 1. One gram 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 G felony.

AB1-ASA1, s. 971 Section 971. 961.41 (1) (f) 2. of the statutes is amended to read:

AB1-ASA1,299,12 961.41 (1) (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 $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 F felony.

AB1-ASA1, s. 972 Section 972. 961.41 (1) (f) 3. of the statutes is amended to read:

AB1-ASA1,299,16 961.41 (1) (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.

AB1-ASA1, s. 973 Section 973. 961.41 (1) (g) (intro.) of the statutes is amended to read:

AB1-ASA1,299,21 961.41 (1) (g) Psilocin and psilocybin. (intro.) Psilocin If the 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 manufactured, distributed or delivered is:

AB1-ASA1, s. 974 Section 974. 961.41 (1) (g) 1. of the statutes is amended to read:

AB1-ASA1,299,25 961.41 (1) (g) 1. One hundred 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 G felony.

AB1-ASA1, s. 975 Section 975. 961.41 (1) (g) 2. of the statutes is amended to read:

AB1-ASA1,300,5 961.41 (1) (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 $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 F felony.

AB1-ASA1, s. 976 Section 976. 961.41 (1) (g) 3. of the statutes is amended to read:

AB1-ASA1,300,9 961.41 (1) (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.

AB1-ASA1, s. 977 Section 977. 961.41 (1) (h) (intro.) of the statutes is amended to read:

AB1-ASA1,300,15 961.41 (1) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If the 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 manufactured, distributed or delivered is:

AB1-ASA1, s. 978 Section 978. 961.41 (1) (h) 1. of the statutes is amended to read:

AB1-ASA1,300,20 961.41 (1) (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.

AB1-ASA1, s. 979 Section 979. 961.41 (1) (h) 2. of the statutes is amended to read:

AB1-ASA1,301,2 961.41 (1) (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.

AB1-ASA1, s. 980 Section 980. 961.41 (1) (h) 3. of the statutes is amended to read:

AB1-ASA1,301,8 961.41 (1) (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.

AB1-ASA1, s. 981 Section 981. 961.41 (1) (h) 4. of the statutes is created to read:

AB1-ASA1,301,12 961.41 (1) (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.

AB1-ASA1, s. 982 Section 982. 961.41 (1) (h) 5. of the statutes is created to read:

AB1-ASA1,301,15 961.41 (1) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

AB1-ASA1, s. 983 Section 983. 961.41 (1) (hm) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,302,2 961.41 (1) (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 and the amount manufactured, distributed, or delivered is:

AB1-ASA1, s. 984 Section 984. 961.41 (1) (hm) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,302,7 961.41 (1) (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.

AB1-ASA1, s. 985 Section 985. 961.41 (1) (hm) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,302,13 961.41 (1) (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.

AB1-ASA1, s. 986 Section 986. 961.41 (1) (hm) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,302,19 961.41 (1) (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.

AB1-ASA1, s. 987 Section 987. 961.41 (1) (hm) 4. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,302,25 961.41 (1) (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.

AB1-ASA1, s. 988 Section 988. 961.41 (1) (hm) 5. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 989 Section 989. 961.41 (1) (hm) 6. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 990 Section 990. 961.41 (1) (i) of the statutes is amended to read:

AB1-ASA1,303,9 961.41 (1) (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.

AB1-ASA1, s. 991 Section 991. 961.41 (1) (im) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,303,14 961.41 (1) (im) Flunitrazepam. (intro.) Flunitrazepam is subject to the following penalties if If a person violates this subsection with respect to flunitrazepam and the amount manufactured, distributed, or delivered is:

AB1-ASA1, s. 992 Section 992. 961.41 (1) (im) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,303,19 961.41 (1) (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.

AB1-ASA1, s. 993 Section 993. 961.41 (1) (im) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,303,25 961.41 (1) (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.

AB1-ASA1, s. 994 Section 994. 961.41 (1) (im) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,304,6 961.41 (1) (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.

AB1-ASA1, s. 995 Section 995. 961.41 (1) (im) 4. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,304,12 961.41 (1) (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.

AB1-ASA1, s. 996 Section 996. 961.41 (1) (im) 5. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 997 Section 997. 961.41 (1) (im) 6. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 998 Section 998. 961.41 (1) (j) of the statutes is amended to read:

AB1-ASA1,304,20 961.41 (1) (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.

AB1-ASA1, s. 999 Section 999. 961.41 (1m) (intro.) of the statutes is amended to read:

AB1-ASA1,305,6 961.41 (1m) Possession with intent to manufacture, distribute or deliver. (intro.) Except as authorized by this chapter, it is unlawful for any person to possess, with intent to manufacture, distribute or deliver, a controlled substance or a controlled substance analog. Intent under this subsection may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substances possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the controlled substance or a controlled substance analog prior to and after the alleged violation. Any person who violates this subsection with respect to is subject to the following penalties:

AB1-ASA1, s. 1000 Section 1000. 961.41 (1m) (a) of the statutes is amended to read:

AB1-ASA1,305,13 961.41 (1m) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to 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, 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.

AB1-ASA1, s. 1001 Section 1001. 961.41 (1m) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,305,21 961.41 (1m) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (hm), if a person violates this subsection with respect to any other controlled substance included in schedule I, II, or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both the person is guilty of a Class H felony.

AB1-ASA1, s. 1002 Section 1002. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:

AB1-ASA1,306,2 961.41 (1m) (cm) Cocaine and cocaine base. (intro.) Cocaine If a person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount possessed, with intent to manufacture, distribute or deliver, is: