Amendment ASA1-AB3

AB3-ASA1, s. 709 Section 709. 961.41 (1m) (d) (intro.) of the statutes is amended to read:

AB3-ASA1,161,13 961.41 (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:

AB3-ASA1, s. 710 Section 710. 961.41 (1m) (d) 1. of the statutes is amended to read:

AB3-ASA1,161,17 961.41 (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.

AB3-ASA1, s. 711 Section 711. 961.41 (1m) (d) 2. of the statutes is amended to read:

AB3-ASA1,161,22 961.41 (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.

AB3-ASA1, s. 712 Section 712. 961.41 (1m) (d) 3. of the statutes is amended to read:

AB3-ASA1,162,2 961.41 (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.

AB3-ASA1, s. 713 Section 713. 961.41 (1m) (d) 4. of the statutes is amended to read:

AB3-ASA1,162,7 961.41 (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.

AB3-ASA1, s. 714 Section 714. 961.41 (1m) (d) 5. of the statutes is repealed.

AB3-ASA1, s. 715 Section 715. 961.41 (1m) (d) 6. of the statutes is repealed.

AB3-ASA1, s. 716 Section 716. 961.41 (1m) (e) (intro.) of the statutes is amended to read:

AB3-ASA1,162,16 961.41 (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:

AB3-ASA1, s. 717 Section 717. 961.41 (1m) (e) 1. of the statutes is amended to read:

AB3-ASA1,162,20 961.41 (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.

AB3-ASA1, s. 718 Section 718. 961.41 (1m) (e) 2. of the statutes is amended to read:

AB3-ASA1,162,25 961.41 (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.

AB3-ASA1, s. 719 Section 719. 961.41 (1m) (e) 3. of the statutes is amended to read:

AB3-ASA1,163,5 961.41 (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.

AB3-ASA1, s. 720 Section 720. 961.41 (1m) (e) 4. of the statutes is amended to read:

AB3-ASA1,163,10 961.41 (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.

AB3-ASA1, s. 721 Section 721. 961.41 (1m) (e) 5. of the statutes is repealed.

AB3-ASA1, s. 722 Section 722. 961.41 (1m) (e) 6. of the statutes is repealed.

AB3-ASA1, s. 723 Section 723. 961.41 (1m) (em) of the statutes is repealed.

AB3-ASA1, s. 724 Section 724. 961.41 (1m) (f) (intro.) of the statutes is amended to read:

AB3-ASA1,163,18 961.41 (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:

AB3-ASA1, s. 725 Section 725. 961.41 (1m) (f) 1. of the statutes is amended to read:

AB3-ASA1,163,22 961.41 (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.

AB3-ASA1, s. 726 Section 726. 961.41 (1m) (f) 2. of the statutes is amended to read:

AB3-ASA1,164,2 961.41 (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.

AB3-ASA1, s. 727 Section 727. 961.41 (1m) (f) 3. of the statutes is amended to read:

AB3-ASA1,164,6 961.41 (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.

AB3-ASA1, s. 728 Section 728. 961.41 (1m) (g) (intro.) of the statutes is amended to read:

AB3-ASA1,164,11 961.41 (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:

AB3-ASA1, s. 729 Section 729. 961.41 (1m) (g) 1. of the statutes is amended to read:

AB3-ASA1,164,15 961.41 (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.

AB3-ASA1, s. 730 Section 730. 961.41 (1m) (g) 2. of the statutes is amended to read:

AB3-ASA1,164,20 961.41 (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.

AB3-ASA1, s. 731 Section 731. 961.41 (1m) (g) 3. of the statutes is amended to read:

AB3-ASA1,164,24 961.41 (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.

AB3-ASA1, s. 732 Section 732. 961.41 (1m) (h) (intro.) of the statutes is amended to read:

AB3-ASA1,165,5 961.41 (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:

AB3-ASA1, s. 733 Section 733. 961.41 (1m) (h) 1. of the statutes is amended to read:

AB3-ASA1,165,10 961.41 (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.

AB3-ASA1, s. 734 Section 734. 961.41 (1m) (h) 2. of the statutes is amended to read:

AB3-ASA1,165,16 961.41 (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.

AB3-ASA1, s. 735 Section 735. 961.41 (1m) (h) 3. of the statutes is amended to read:

AB3-ASA1,165,22 961.41 (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.

AB3-ASA1, s. 736 Section 736. 961.41 (1m) (h) 4. of the statutes is created to read:

AB3-ASA1,166,3 961.41 (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.

AB3-ASA1, s. 737 Section 737. 961.41 (1m) (h) 5. of the statutes is created to read:

AB3-ASA1,166,6 961.41 (1m) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

AB3-ASA1, s. 738 Section 738. 961.41 (1m) (i) of the statutes is amended to read:

AB3-ASA1,166,11 961.41 (1m) (i) Schedule IV drugs. 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.

AB3-ASA1, s. 739 Section 739. 961.41 (1m) (im) of the statutes is repealed and recreated to read:

AB3-ASA1,166,14 961.41 (1m) (im) Flunitrazepam. If a person violates this subsection with respect to flunitrazepam, the person is guilty of a Class G felony.

AB3-ASA1, s. 740 Section 740. 961.41 (1m) (j) of the statutes is amended to read:

AB3-ASA1,166,18 961.41 (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.

AB3-ASA1, s. 741 Section 741. 961.41 (1n) (c) of the statutes is amended to read:

AB3-ASA1,166,21 961.41 (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.

AB3-ASA1, s. 742 Section 742. 961.41 (1q) of the statutes is amended to read:

AB3-ASA1,167,2 961.41 (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.

AB3-ASA1, s. 743 Section 743. 961.41 (1r) of the statutes is amended to read:

AB3-ASA1,167,13 961.41 (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.

AB3-ASA1, s. 744 Section 744. 961.41 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,167,18 961.41 (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:

AB3-ASA1, s. 745 Section 745. 961.41 (2) (a) of the statutes is amended to read:

AB3-ASA1,167,24 961.41 (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.

AB3-ASA1, s. 746 Section 746. 961.41 (2) (b) of the statutes is amended to read:

AB3-ASA1,168,5 961.41 (2) (b) Counterfeit schedule I, II, III, and IV drugs. Any Except as provided in par. (cm), if a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III, or IV, 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.

AB3-ASA1, s. 747 Section 747. 961.41 (2) (c) of the statutes is repealed.

AB3-ASA1, s. 748 Section 748. 961.41 (2) (cm) of the statutes is amended to read:

AB3-ASA1,168,11 961.41 (2) (cm) Counterfeit flunitrazepam. A If a person violates this subsection with respect to a counterfeit substance which is flunitrazepam, 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 G felony.

AB3-ASA1, s. 749 Section 749. 961.41 (2) (d) of the statutes is amended to read:

AB3-ASA1,168,16 961.41 (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.

AB3-ASA1, s. 750 Section 750. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am) and amended to read:

AB3-ASA1,169,2 961.41 (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.

AB3-ASA1, s. 751 Section 751. 961.41 (3g) (a) 2. of the statutes is repealed.

AB3-ASA1, s. 752 Section 752. 961.41 (3g) (a) 3. of the statutes is repealed.

AB3-ASA1, s. 753 Section 753. 961.41 (3g) (b) of the statutes is amended to read:

AB3-ASA1,169,11 961.41 (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.

AB3-ASA1, s. 754 Section 754. 961.41 (3g) (c) of the statutes is amended to read:

AB3-ASA1,169,22 961.41 (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.

AB3-ASA1, s. 755 Section 755. 961.41 (3g) (d) of the statutes is amended to read:

AB3-ASA1,170,11 961.41 (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.

AB3-ASA1, s. 756 Section 756. 961.41 (3g) (dm) of the statutes is repealed.

AB3-ASA1, s. 757 Section 757. 961.41 (3g) (e) of the statutes is amended to read:

AB3-ASA1,170,23 961.41 (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.