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.
AB817,78,2018 (f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid
19diethylamide
is subject to the following penalties if the amount possessed, with
20intent to manufacture, distribute or deliver, is
:
AB817,78,2321 1. If the amount possessed, with intent to manufacture or deliver, is one One
22gram 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.
AB817,79,224 2. If the amount possessed, with intent to manufacture or deliver, is more More
25than one gram but not more than 5 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.
AB817,79,53 3. If the amount possessed, with intent to manufacture or deliver, is more More
4than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000
5and shall be imprisoned for not less than one year nor more than 15 years.
AB817,79,86 (g) Psilocin or psilocybin, or a controlled substance analog of psilocin or
7psilocybin,
is subject to the following penalties if the amount possessed, with intent
8to manufacture, distribute or deliver, is
:
AB817,79,119 1. If the amount possessed, with intent to manufacture or deliver, is 100 One
10hundred
grams or less, the person shall be fined not less than $1,000 nor more than
11$100,000 and may be imprisoned for not more than 5 years.
AB817,79,1512 2. If the amount possessed, with intent to manufacture or deliver, is more More
13than 100 grams but not more than 500 grams, the person shall be fined not less than
14$1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months
15nor more than 5 years.
AB817,79,1816 3. If the amount possessed, with intent to manufacture or deliver, is more More
17than 500 grams, the person shall be fined not less than $1,000 nor more than
18$500,000 and shall be imprisoned for not less than one year nor more than 15 years.
AB817,79,2219 (h) Tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), or
20a controlled substance analog of tetrahydrocannabinols,
is subject to the following
21penalties if the amount possessed, with intent to manufacture, distribute or deliver,
22is
:
AB817,80,223 1. If the amount possessed, with intent to manufacture or deliver, is 500 Five
24hundred
grams or less, or 10 marijuana or fewer plants or less containing

1tetrahydrocannabinols
, the person shall be fined not less than $500 nor more than
2$25,000 and may be imprisoned for not more than 3 years.
AB817,80,83 2. If the amount possessed, with intent to manufacture or deliver, is more More
4than 500 grams but not more than 2,500 grams, or more than 10 marijuana plants
5containing tetrahydrocannabinols but not more than 50 marijuana plants
6containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
7more than $50,000 and shall be imprisoned for not less than 3 months nor more than
85 years.
AB817,80,129 3. If the amount possessed, with intent to manufacture or deliver, is more More
10than 2,500 grams, or more than 50 marijuana plants containing
11tetrahydrocannabinols
, the person shall be fined not less than $1,000 nor more than
12$100,000 and shall be imprisoned for not less than one year nor more than 10 years.
AB817,80,1413 (i) A substance classified included in schedule IV, may be fined not more than
14$10,000 or imprisoned for not more than 3 years or both;.
AB817,80,1615 (j) A substance classified included in schedule V, may be fined not more than
16$5,000 or imprisoned for not more than one year or both.
AB817, s. 246 17Section 246. 161.41 (1p) (a) (intro.) of the statutes is repealed.
AB817, s. 247 18Section 247. 161.41 (1p) (a) 1. of the statutes is renumbered 961.01 (20h).
AB817, s. 248 19Section 248. 161.41 (1p) (a) 2. of the statutes is renumbered 961.01 (21m).
AB817, s. 249 20Section 249. 161.41 (1p) (b) of the statutes is renumbered 961.492, and
21961.492 (intro.) and (1), as renumbered, are amended to read:
AB817,81,2 22961.492 (title) Distribution or possession with intent to deliver certain
23controlled substances on public transit vehicles.
If a person violates sub. s.
24961.41
(1) or (1m) under all of the following circumstances, the maximum period of

1imprisonment under sub. s. 961.41 (1) or (1m) may be increased by not more than 5
2years:
AB817,81,6 3(1) The violation of sub. s. 961.41 (1) or (1m) involves the delivery or the
4possession, with intent to deliver, of any controlled substance included in schedule
5I or II or a controlled substance analog of any controlled substance included in
6schedule I or II
.
AB817, s. 250 7Section 250. 161.41 (1q) of the statutes is renumbered 961.41 (1q) and
8amended to read:
AB817,81,139 961.41 (1q) (title) Penalty relating to tetrahydrocannabinols in certain
10cases.
Under subs. (1) (h) and (1m) (h) and s. 161.49 961.49 (2), if different penalty
11provisions apply to a person depending on whether the weight of
12tetrahydrocannabinols or the number of marijuana plants containing
13tetrahydrocannabinols
is considered, the greater penalty provision applies.
AB817, s. 251 14Section 251. 161.41 (1r) of the statutes is renumbered 961.41 (1r) and
15amended to read:
AB817,82,216 961.41 (1r) (title) Determining weight of substance. In determining amounts
17under subs. (1) and (1m) and s. 161.49 961.49 (2) (b), an amount includes the weight
18of the controlled substance included under s. 161.16 (2) (b) cocaine, cocaine base,
19heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
20amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any
21controlled substance analog of these substances
together with any compound,
22mixture, diluent, plant material or other substance mixed or combined with the
23controlled substance or controlled substance analog. In addition, in determining
24amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols

1means anything covered included under s. 161.14 961.14 (4) (t) and includes the
2weight of any marijuana.
AB817, s. 252 3Section 252. 161.41 (1x) of the statutes is renumbered 961.41 (1x).
AB817, s. 253 4Section 253. 161.41 (2) of the statutes is renumbered 961.41 (2) and amended
5to read:
AB817,82,96 961.41 (2) (title) Counterfeit substances. Except as authorized by this
7chapter, it is unlawful for any person to create, manufacture, deliver or possess with
8intent to deliver, a counterfeit substance. Any person who violates this subsection
9with respect to:
AB817,82,1210 (a) A counterfeit substance classified included in schedule I or II which is a
11narcotic drug, may be fined not more than $25,000 or imprisoned for not more than
1215 years or both;.
AB817,82,1413 (b) Any other counterfeit substance classified included in schedule I, II or III,
14may be fined not more than $15,000 or imprisoned for not more than 5 years or both;.
AB817,82,1615 (c) A counterfeit substance classified included in schedule IV, may be fined not
16more than $10,000 or imprisoned for not more than 3 years or both;.
AB817,82,1817 (d) A counterfeit substance classified included in schedule V, may be fined not
18more than $5,000 or imprisoned for not more than one year or both.
AB817, s. 254 19Section 254. 161.41 (2m) of the statutes is renumbered 961.41 (4) (bm) and
20amended to read:
AB817,83,321 961.41 (4) (bm) It is unlawful for any person to agree, consent or offer to
22lawfully manufacture, deliver, distribute or dispense any controlled substance to any
23person, or to offer, arrange or negotiate to have any controlled substance unlawfully
24manufactured, delivered, distributed or dispensed, and then manufacture, deliver,
25distribute or dispense or offer, arrange or negotiate to have manufactured, delivered,

1distributed or dispensed to any such person a substance which is not a controlled
2substance. Any person who violates this subsection paragraph may be fined not
3more than $500 or imprisoned for not more than 6 months or both.
AB817, s. 255 4Section 255. 161.41 (2r) (a) of the statutes is renumbered 961.41 (3g) (intro.)
5and amended to read:
AB817,83,146 961.41 (3g) (title) Possession. (intro.) Except as provided in par. (b), it is
7unlawful for any person to
No person may possess or attempt to possess a controlled
8substance classified in schedule I or II that is a narcotic drug or a controlled
9substance analog
unless the substance was obtained person obtains the substance
10or the analog
directly from, or pursuant to a valid prescription or order of, a
11practitioner while who is acting in the course of his or her professional practice, or
12except as unless the person is otherwise authorized by this chapter to possess the
13substance or the analog
. Any person who violates this paragraph subsection is
14subject to the following penalties:
AB817,83,21 15(a) 1. Except as provided in subd. 2., if the person possesses a controlled
16substance included in schedule I or II which is a narcotic drug, or possesses a
17controlled substance analog of a controlled substance included in schedule I or II
18which is a narcotic drug, the person may
, upon a first conviction, may be fined not
19more than $5,000 or imprisoned for not more than one year or both, and for a 2nd or
20subsequent offense, the person may be fined not more than $10,000 or imprisoned
21for not more than 2 years or both.
AB817, s. 256 22Section 256. 161.41 (2r) (b) of the statutes is renumbered 961.41 (3g) (a) 2. and
23amended to read:
AB817,84,524 961.41 (3g) (a) 2. It is unlawful for any person to possess or attempt If the
25person possesses or attempts
to possess heroin unless it was obtained directly from,

1or pursuant to a valid prescription or order of, a practitioner while acting in the
2course of his or her professional practice, or except as otherwise authorized by this
3chapter. Any
or a controlled substance analog of heroin, the person who violates this
4paragraph
may be fined not more than $5,000 or imprisoned for not more than one
5year or both.
AB817, s. 257 6Section 257. 161.41 (2r) (c) of the statutes is renumbered 961.41 (3g) (a) 3. and
7amended to read:
AB817,84,138 961.41 (3g) (a) 3. For purposes of this subsection paragraph, an offense is
9considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted under this chapter or under any
11statute of the United States or of any state relating to controlled substances,
12controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or
13hallucinogenic drugs.
AB817, s. 258 14Section 258. 161.41 (3) of the statutes is renumbered 961.41 (3g) (b) and
15amended to read:
AB817,84,2516 961.41 (3g) (b) Except as provided in subs. (3m), (3n), (3p) and (3r), it is
17unlawful for any
pars. (c), (d) and (e), if the person to possess or attempt possesses
18or attempts
to possess a controlled substance or controlled substance analog, other
19than a controlled substance classified included in schedule I or II that is a narcotic
20drug ,unless the substance was obtained directly from, or pursuant to a valid
21prescription or order of, a practitioner while acting in the course of his or her
22professional practice, or except as otherwise authorized by this chapter. Any
or a
23controlled substance analog of a controlled substance included in schedule I or II that
24is a narcotic drug, the
person who violates this subsection is guilty of a misdemeanor,
25punishable under s. 939.61.
AB817, s. 259
1Section 259. 161.41 (3m) of the statutes is renumbered 961.41 (3g) (c) and
2amended to read:
AB817,85,103 961.41 (3g) (c) It is unlawful for any person to possess or attempt If a person
4possess or attempts
to possess a controlled substance included under s. 161.16 (2) (b),
5unless the substance was obtained directly from, or pursuant to a valid prescription
6or order of, a practitioner while acting in the course of his or her professional practice,
7or except as otherwise authorized by this chapter. Any
cocaine or cocaine base, or a
8controlled substance analog of cocaine or cocaine base, the
person who violates this
9subsection
shall be fined not more than $5,000 and may be imprisoned for not more
10than one year in the county jail.
AB817, s. 260 11Section 260. 161.41 (3n) of the statutes is renumbered 961.41 (3g) (d) and
12amended to read:
AB817,85,2213 961.41 (3g) (d) It is unlawful for any person to possess or attempt If a person
14possesses or attempts
to possess lysergic acid diethylamide, phencyclidine,
15amphetamine, methamphetamine, methcathinone, psilocin or psilocybin unless the
16substance was obtained directly from, or pursuant to a valid prescription or order of,
17a practitioner while acting in the course of his or her professional practice, or except
18as otherwise authorized by this chapter. Any
, or a controlled substance analog of
19lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine,
20methcathinone, psilocin or psilocybin, the
person who violates this subsection may
21be fined not more than $5,000 or imprisoned for not more than one year in the county
22jail or both.
AB817, s. 261 23Section 261. 161.41 (3p) of the statutes is repealed.
AB817, s. 262 24Section 262. 161.41 (3r) of the statutes is renumbered 961.41 (3g) (e) and
25amended to read:
AB817,86,8
1961.41 (3g) (e) It is unlawful for any person to possess or attempt If a person
2possesses or attempts
to possess tetrahydrocannabinols, listed at included under s.
3161.14 961.14 (4) (t), unless it was obtained directly from, or pursuant to a valid
4prescription or order of, a practitioner while acting in the course of his or her
5professional practice, or except as otherwise authorized by this chapter. Any
or a
6controlled substance analog of tetrahydrocannabinols, the
person who violates this
7subsection
may be fined not more than $1,000 or imprisoned for not more than 6
8months or both.
AB817, s. 263 9Section 263. 161.41 (4) (a) of the statutes is renumbered 961.41 (4) (am) 1. and
10amended to read:
AB817,86,1311 961.41 (4) (am) 1. No person may knowingly distribute or deliver, attempt to
12distribute or deliver or cause to be distributed or delivered a noncontrolled substance
13and expressly or impliedly represent any of the following to the recipient:
AB817,86,1414 a. The That the substance is a controlled substance; or.
AB817,86,1915 b. The That the substance is of a nature, appearance or effect that will allow
16the recipient to display, sell, distribute, deliver or use the noncontrolled substance
17as a controlled substance, if the representation is made under circumstances in
18which the person has reasonable cause to believe that the noncontrolled substance
19will be used or distributed for use as a controlled substance
.
AB817, s. 264 20Section 264. 161.41 (4) (b) of the statutes is renumbered 961.41 (4) (am) 2., and
21961.41 (4) (am) 2. (intro.) and d., as renumbered, are amended to read:
AB817,86,2322 961.41 (4) (am) 2. Proof of any of the following is prima facie evidence of a
23representation specified in par. (a) 1. or 2. subd. 1. a. or b.:
AB817,87,224 d. The person distributing or delivering, attempting to distribute or deliver or
25causing distribution or delivery of the substance to be made states to the recipient

1that the substance may be resold at a price that substantially exceeds the value of
2the substance.
AB817, s. 265 3Section 265. 161.41 (4) (c) of the statutes is renumbered 961.41 (4) (am) 3. and
4amended to read:
AB817,87,65 961.41 (4) (am) 3. A person convicted of violating this subsection paragraph
6may be fined not more than $5,000 or imprisoned for not more than one year or both.
AB817, s. 266 7Section 266. 161.41 (5) of the statutes is renumbered 961.41 (5).
AB817, s. 267 8Section 267. 161.42 of the statutes is renumbered 961.42.
AB817, s. 268 9Section 268. 161.43 of the statutes is renumbered 961.43, and 961.43 (1) (b)
10(intro.) and 1., as renumbered, are amended to read:
AB817,87,1411 961.43 (1) (b) (intro.) To Without authorization, to make, distribute or possess
12any punch, die, plate, stone or other thing designed to print, imprint or reproduce the
13trademark, trade name or other identifying mark, imprint or device of another or any
14likeness of any of the foregoing upon any drug or container or labeling thereof so as:
AB817,87,1515 1. To make a counterfeit a drug substance; or
AB817, s. 269 16Section 269. 161.435 of the statutes is renumbered 961.435 and amended to
17read:
AB817,87,19 18961.435 Specific penalty. Any person who violates s. 161.38 961.38 (5) may
19be fined not more than $500 or imprisoned not more than 30 days or both.
AB817, s. 270 20Section 270. 161.438 of the statutes is renumbered 961.438.
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