AB817,66,2114 961.22 (2) Narcotic drugs containing nonnarcotic active medicinal
15ingredients.
(intro.) Any compound, mixture or preparation containing limited
16quantities of
any of the following narcotic drugs or their salts, isomers or salts of
17isomers, in limited quantities as set forth below, calculated as the free anhydrous
18base or alkaloid, which also contains one or more nonnarcotic, active medicinal
19ingredients in sufficient proportion to confer upon the compound, mixture or
20preparation, valuable medicinal qualities other than those possessed by the narcotic
21drug alone:
AB817, s. 228 22Section 228. 161.23 of the statutes is renumbered 961.23, and 961.23 (4), as
23renumbered, is amended to read:
AB817,67,424 961.23 (4) That any person purchasing such a substance at the time of purchase
25present to the seller that person's correct name and address. The seller shall record

1the name and address and the name and quantity of the product sold. The purchaser
2and the seller shall sign the record of this transaction. The giving of a false name or
3false address by the purchaser shall be prima facie evidence of a violation of s. 161.43
4961.43 (1) (a).
AB817, s. 229 5Section 229. 161.24 of the statutes is renumbered 961.24 and amended to
6read:
AB817,67,11 7961.24 (title) Republishing Publishing of updated schedules. The
8controlled substances board shall revise and republish the publish updated
9schedules annually. The failure of the controlled substances board to publish an
10updated schedule under this section is not a defense in any administrative or judicial
11proceeding under this chapter.
AB817, s. 230 12Section 230. Subchapter III (title) of chapter 161 [precedes 161.31] of the
13statutes is renumbered subchapter III (title) of chapter 961 [precedes 961.31].
AB817, s. 231 14Section 231. 161.31 of the statutes is renumbered 961.31.
AB817, s. 232 15Section 232. 161.32 of the statutes is renumbered 961.32.
AB817, s. 233 16Section 233. 161.335 of the statutes is renumbered 961.335, and 961.335 (4)
17(c), as renumbered, is amended to read:
AB817,67,1918 961.335 (4) (c) The controlled substances to be used in the project, by name if
19included in schedule I, and by name or schedule if included in any other schedule.
AB817, s. 234 20Section 234. 161.36 of the statutes is renumbered 961.36 and amended to
21read:
AB817,68,2 22961.36 Diversion control and prevention. (1) The controlled substances
23board shall regularly prepare and make available to state regulatory, licensing and
24law enforcement agencies descriptive and analytic reports on the potential for
25diversion and actual diversion patterns and trends of distribution, diversion and

1abuse
within the state of certain controlled substances the board selects that are
2listed in s. 161.16, 161.18, 161.20 or 161.22 961.16, 961.18, 961.20 or 961.22.
AB817,68,14 3(2) The controlled substances board shall enter into written agreements with
4other local, state or and federal agencies to improve the identification of sources of
5diversion and to improve enforcement of and compliance with this chapter and other
6laws and regulations pertaining to unlawful conduct involving controlled
7substances. An agreement must specify the roles and responsibilities of each agency
8that has information or authority to identify, prevent or control drug diversion and
9drug abuse. The board shall convene periodic meetings to coordinate a state
10diversion prevention and control program. The board shall
assist and promote
11coordination of cooperation and exchange of information among agencies responsible
12for ensuring compliance with controlled substances law, to monitor observance of
13these laws and to monitor cooperation between the agencies
and with other states
14and the federal government
.
AB817,68,20 15(3) The controlled substances board shall evaluate the outcome of its program
16under this section and shall annually submit a report to the chief clerk of each house
17of the legislature, for distribution to the legislature under s. 13.172 (3), on its findings
18with respect to its effect on distribution and abuse of controlled substances, including
19recommendations for improving control and prevention of the diversion of controlled
20substances.
AB817, s. 235 21Section 235. 161.38 (title) of the statutes is renumbered 961.38 (title).
AB817, s. 236 22Section 236. 161.38 (1) of the statutes is renumbered 961.38 (1r) and amended
23to read:
AB817,69,3
1961.38 (1r) Except when dispensed directly by a practitioner, other than a
2pharmacy, to an ultimate user, no controlled substance included in schedule II may
3be dispensed without the written prescription of a practitioner.
AB817, s. 237 4Section 237. 161.38 (2) of the statutes is renumbered 961.38 (2) and amended
5to read:
AB817,69,116 961.38 (2) In emergency situations, as defined by rule of the pharmacy
7examining board, schedule II drugs may be dispensed upon oral prescription of a
8practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions
9shall be retained in conformity with rules of the pharmacy examining board
10promulgated under s. 161.31 961.31. No prescription for a schedule II substance may
11be refilled.
AB817, s. 238 12Section 238. 161.38 (3) of the statutes is renumbered 961.38 (3).
AB817, s. 239 13Section 239. 161.38 (4) of the statutes is renumbered 961.38 (4) and amended
14to read:
AB817,69,1715 961.38 (4) A controlled substance included in schedule V shall not may be
16distributed or dispensed other than only for a medical purpose, including medical
17treatment or authorized research
.
AB817, s. 240 18Section 240. 161.38 (5) of the statutes is renumbered 961.38 (5).
AB817, s. 241 19Section 241. 161.39 of the statutes is renumbered 961.39, and 961.39 (3) (b),
20as renumbered, is amended to read:
AB817,69,2221 961.39 (3) (b) The indicated use of the controlled substance classified included
22in schedule III, IV or V so prescribed.
AB817, s. 242 23Section 242. Subchapter IV (title) of chapter 161 [precedes 161.41] of the
24statutes is renumbered subchapter IV (title) of chapter 961 [precedes 961.41].
AB817, s. 243 25Section 243. 161.41 (title) of the statutes is renumbered 961.41 (title).
AB817, s. 244
1Section 244. 161.41 (1) of the statutes is renumbered 961.41 (1) and amended
2to read:
AB817,70,63 961.41 (1) (title) Manufacture, distribution or delivery. Except as authorized
4by this chapter, it is unlawful for any person to manufacture, distribute or deliver a
5controlled substance or controlled substance analog. Any person who violates this
6subsection with respect to:
AB817,70,107 (a) Except as provided in par. (d), a controlled substance classified included in
8schedule I or II which is a narcotic drug, or a controlled substance analog of a
9controlled substance included in schedule I or II which is a narcotic drug,
may be
10fined not more than $25,000 or imprisoned for not more than 15 years or both;.
AB817,70,1411 (b) Except as provided in pars. (cm) and (e) to (h), any other controlled
12substance classified included in schedule I, II or III, or a controlled substance analog
13of any other controlled substance included in schedule I or II,
may be fined not more
14than $15,000 or imprisoned for not more than 5 years or both;.
AB817,70,1715 (cm) A controlled substance under s. 161.16 (2) (b) Cocaine or cocaine base, or
16a controlled substance analog of cocaine or cocaine base,
is subject to the following
17penalties if the amount manufactured, distributed or delivered is:
AB817,70,2018 1. If the amount manufactured or delivered is 5 Five grams or less, the person
19shall be fined not more than $500,000 and shall may be imprisoned for not more than
2010 years.
AB817,70,2321 2. If the amount manufactured or delivered is more More than 5 grams but not
22more than 15 grams, the person shall be fined not more than $500,000 and shall be
23imprisoned for not less than one year nor more than 15 years.
AB817,71,3
13. If the amount manufactured or delivered is more More than 15 grams but
2not more than 40 grams, the person shall be fined not more than $500,000 and shall
3be imprisoned for not less than 3 years nor more than 20 years.
AB817,71,64 4. If the amount manufactured or delivered is more More than 40 grams but
5not more than 100 grams, the person shall be fined not more than $500,000 and shall
6be imprisoned for not less than 5 years nor more than 30 years.
AB817,71,97 5. If the amount manufactured or delivered is more More than 100 grams, the
8person shall be fined not more than $500,000 and shall be imprisoned for not less
9than 10 years nor more than 30 years.
AB817,71,1110 (d) Heroin or a controlled substance analog of heroin is subject to the following
11penalties if the amount manufactured, distributed or delivered is:
AB817,71,1412 1. If the amount manufactured or delivered is 3 Three grams or less, the person
13shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned
14for not more than 15 years.
AB817,71,1715 2. If the amount manufactured or delivered is more More than 3 grams but not
16more than 10 grams, the person shall be fined not less than $1,000 nor more than
17$250,000 and shall be imprisoned for not less than 6 months nor more than 15 years.
AB817,71,2018 3. If the amount manufactured or delivered is more More than 10 grams but
19not more than 50 grams, the person shall be fined not less than $1,000 nor more than
20$500,000 and shall be imprisoned for not less than one year nor more than 15 years.
AB817,71,2421 4. If the amount manufactured or delivered is more More than 50 grams but
22not more than 200 grams, the person shall be fined not less than $1,000 nor more
23than $500,000 and shall be imprisoned for not less than 3 years nor more than 15
24years.
AB817,72,4
15. If the amount manufactured or delivered is more More than 200 grams but
2not more than 400 grams, the person shall be fined not less than $1,000 nor more
3than $500,000 and shall be imprisoned for not less than 5 years nor more than 15
4years.
AB817,72,75 6. If the amount manufactured or delivered is more More than 400 grams, the
6person shall be fined not less than $1,000 nor more than $1,000,000 and shall be
7imprisoned for not less than 10 years nor more than 30 years.
AB817,72,118 (e) Phencyclidine, amphetamine or, methamphetamine or a controlled
9substance under s. 161.14 (7) (L)
methcathinone, or a controlled substance analog of
10phencyclidine, amphetamine, methamphetamine or methcathinone,
is subject to the
11following penalties if the amount manufactured, distributed or delivered is:
AB817,72,1412 1. If the amount manufactured or delivered is 3 Three grams or less, the person
13shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned
14for not more than 5 years.
AB817,72,1715 2. If the amount manufactured or delivered is more More than 3 grams but not
16more than 10 grams, the person shall be fined not less than $1,000 nor more than
17$250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.
AB817,72,2018 3. If the amount manufactured or delivered is more More than 10 grams but
19not more than 50 grams, the person shall be fined not less than $1,000 nor more than
20$500,000 and shall be imprisoned for not less than one year nor more than 15 years.
AB817,72,2421 4. If the amount manufactured or delivered is more More than 50 grams but
22not more than 200 grams, the person shall be fined not less than $1,000 nor more
23than $500,000 and shall be imprisoned for not less than 3 years nor more than 15
24years.
AB817,73,4
15. If the amount manufactured or delivered is more More than 200 grams but
2not more than 400 grams, the person shall be fined not less than $1,000 nor more
3than $500,000 and shall be imprisoned for not less than 5 years nor more than 15
4years.
AB817,73,75 6. If the amount manufactured or delivered is more More than 400 grams, the
6person shall be fined not less than $1,000 nor more than $1,000,000 and shall be
7imprisoned for not less than 10 years nor more than 30 years.
AB817,73,108 (f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid
9diethylamide
is subject to the following penalties if the amount manufactured,
10distributed or delivered is
:
AB817,73,1311 1. If the amount manufactured or delivered is one One gram or less, the person
12shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned
13for not more than 5 years.
AB817,73,1614 2. If the amount manufactured or delivered is more More than one gram but
15not more than 5 grams, the person shall be fined not less than $1,000 nor more than
16$250,000 and shall be imprisoned for not less than 6 months nor more than 5 years.
AB817,73,1917 3. If the amount manufactured or delivered is more More than 5 grams, the
18person shall be fined not less than $1,000 nor more than $500,000 and shall be
19imprisoned for not less than one year nor more than 15 years.
AB817,73,2220 (g) Psilocin or psilocybin, or a controlled substance analog of psilocin or
21psilocybin,
is subject to the following penalties if the amount manufactured,
22distributed or delivered is
:
AB817,73,2523 1. If the amount manufactured or delivered is 100 One hundred grams or less,
24the person shall be fined not less than $1,000 nor more than $200,000 and may be
25imprisoned for not more than 5 years.
AB817,74,4
12. If the amount manufactured or delivered is more More than 100 grams but
2not more than 500 grams, the person shall be fined not less than $1,000 nor more
3than $250,000 and shall be imprisoned for not less than 6 months nor more than 5
4years.
AB817,74,75 3. If the amount manufactured or delivered is more More than 500 grams, the
6person shall be fined not less than $1,000 nor more than $500,000 and shall be
7imprisoned for not less than one year nor more than 15 years.
AB817,74,108 (h) Tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), or
9a controlled substance analog of tetrahydrocannabinols,
is subject to the following
10penalties if the amount manufactured, distributed or delivered is:
AB817,74,1411 1. If the amount manufactured or delivered is 500 Five hundred grams or less,
12or 10 marijuana or fewer plants or less containing tetrahydrocannabinols, the person
13shall be fined not less than $500 nor more than $25,000 and may be imprisoned for
14not more than 3 years.
AB817,74,1915 2. If the amount manufactured or delivered is more More than 500 grams but
16not more than 2,500 grams, or more than 10 marijuana plants containing
17tetrahydrocannabinols
but not more than 50 marijuana plants containing
18tetrahydrocannabinols
, the person shall be fined not less than $1,000 nor more than
19$50,000 and shall be imprisoned for not less than 3 months nor more than 5 years.
AB817,74,2320 3. If the amount manufactured or delivered is more More than 2,500 grams, or
21more than 50 marijuana plants containing tetrahydrocannabinols, the person shall
22be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not
23less than one year nor more than 10 years.
AB817,74,2524 (i) A substance classified included in schedule IV, may be fined not more than
25$10,000 or imprisoned for not more than 3 years or both;.
AB817,75,2
1(j) A substance classified included in schedule V, may be fined not more than
2$5,000 or imprisoned for not more than one year or both.
AB817, s. 245 3Section 245. 161.41 (1m) of the statutes is renumbered 961.41 (1m) and
4amended to read:
AB817,75,135 961.41 (1m) (title) Possession with intent to manufacture, distribute or
6deliver.
Except as authorized by this chapter, it is unlawful for any person to
7possess, with intent to manufacture, distribute or deliver, a controlled substance or
8a controlled substance analog
. Intent under this subsection may be demonstrated
9by, without limitation because of enumeration, evidence of the quantity and
10monetary value of the substances possessed, the possession of manufacturing
11implements or paraphernalia, and the activities or statements of the person in
12possession of the controlled substance or a controlled substance analog prior to and
13after the alleged violation. Any person who violates this subsection with respect to:
AB817,75,1714 (a) Except as provided in par. (d), a controlled substance classified included in
15schedule I and or II which is a narcotic drug or a controlled substance analog of a
16controlled substance included in schedule I or II which is a narcotic drug,
may be
17fined not more than $25,000 or imprisoned for not more than 15 years or both;.
AB817,75,2118 (b) Except as provided in pars. (cm) and (e) to (h), any other controlled
19substance classified included in schedule I, II or III, or a controlled substance analog
20of any other controlled substance included in schedule I or II,
may be fined not more
21than $15,000 or imprisoned for not more than 5 years or both;.
AB817,75,2522 (cm) A controlled substance under s. 161.16 (2) (b) Cocaine or cocaine base, or
23a controlled substance analog of cocaine or cocaine base,
is subject to the following
24penalties if the amount possessed, with intent to manufacture, distribute or deliver,
25is
:
AB817,76,3
11. If the amount possessed, with intent to manufacture or deliver, is 5 Five
2grams or less, the person shall be fined not more than $500,000 and shall may be
3imprisoned for not more than 10 years.
AB817,76,64 2. If the amount possessed, with intent to manufacture or deliver, is more More
5than 5 grams but not more than 15 grams, the person shall be fined not more than
6$500,000 and shall be imprisoned for not less than one year nor more than 15 years.
AB817,76,97 3. If the amount possessed, with intent to manufacture or deliver, is more More
8than 15 grams but not more than 40 grams, the person shall be fined not more than
9$500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.
AB817,76,1210 4. If the amount possessed, with intent to manufacture or deliver, is more More
11than 40 grams but not more than 100 grams, the person shall be fined not more than
12$500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.
AB817,76,1513 5. If the amount possessed, with intent to manufacture or deliver, is more More
14than 100 grams, the person shall be fined not more than $500,000 and shall be
15imprisoned for not less than 10 years nor more than 30 years.
AB817,76,1816 (d) Heroin or a controlled substance analog of heroin is subject to the following
17penalties if the amount possessed, with intent to manufacture, distribute or deliver,
18is
:
AB817,76,2119 1. If the amount possessed, with intent to manufacture or deliver, is 3 Three
20grams or less, the person shall be fined not less than $1,000 nor more than $100,000
21and may be imprisoned for not more than 15 years.
AB817,76,2522 2. If the amount possessed, with intent to manufacture or deliver, is more More
23than 3 grams but not more than 10 grams, the person shall be fined not less than
24$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
25nor more than 15 years.
AB817,77,4
13. If the amount possessed, with intent to manufacture or deliver, is more More
2than 10 grams but not more than 50 grams, the person shall be fined not less than
3$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
4nor more than 15 years.
AB817,77,85 4. If the amount possessed, with intent to manufacture or deliver, is more More
6than 50 grams but not more than 200 grams, the person shall be fined not less than
7$1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor
8more than 15 years.
AB817,77,129 5. If the amount possessed, with intent to manufacture or deliver, is more More
10than 200 grams but not more than 400 grams, the person shall be fined not less than
11$1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor
12more than 15 years.
AB817,77,1513 6. If the amount possessed, with intent to manufacture or deliver, is more More
14than 400 grams, the person shall be fined not less than $1,000 nor more than
15$1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
AB817,77,2016 (e) Phencyclidine, amphetamine or, methamphetamine or a controlled
17substance under s. 161.14 (7) (L)
methcathinone, or a controlled substance analog of
18phencyclidine, amphetamine, methamphetamine or methcathinone,
is subject to the
19following penalties if the amount possessed, with intent to manufacture, distribute
20or deliver, is
:
AB817,77,2321 1. If the amount possessed, with intent to manufacture or deliver, is 3 Three
22grams or less, the person shall be fined not less than $1,000 nor more than $100,000
23and may be imprisoned for not more than 5 years.
AB817,78,224 2. If the amount possessed, with intent to manufacture or deliver, is more More
25than 3 grams but not more than 10 grams, the person shall be fined not less than

1$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
2nor more than 5 years.
AB817,78,63 3. If the amount possessed, with intent to manufacture or deliver, is more More
4than 10 grams but not more than 50 grams, the person shall be fined not less than
5$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
6nor more than 15 years.
AB817,78,107 4. If the amount possessed, with intent to manufacture or deliver, is more More
8than 50 grams but not more than 200 grams, the person shall be fined not less than
9$1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor
10more than 15 years.
AB817,78,1411 5. If the amount possessed, with intent to manufacture or deliver, is more More
12than 200 grams but not more than 400 grams, the person shall be fined not less than
13$1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor
14more than 15 years.
AB817,78,1715 6. If the amount possessed, with intent to manufacture or deliver, is more More
16than 400 grams, the person shall be fined not less than $1,000 nor more than
17$1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
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