AB817: Bill Text

AB817,75,13 961.41 (1m) (title) Possession with intent to manufacture, distribute or deliver. 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:

AB817,75,17 (a) Except as provided in par. (d), a controlled substance classified included in schedule I and 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 15 years or both;.

AB817,75,21 (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance classified 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 5 years or both;.

AB817,75,25 (cm) A controlled substance under s. 161.16 (2) (b) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

AB817,76,3 1. If the amount possessed, with intent to manufacture or deliver, is 5 Five grams or less, the person shall be fined not more than $500,000 and shall may be imprisoned for not more than 10 years.

AB817,76,6 2. If the amount possessed, with intent to manufacture or deliver, is more More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 years.

AB817,76,9 3. If the amount possessed, with intent to manufacture or deliver, is more More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 years.

AB817,76,12 4. If the amount possessed, with intent to manufacture or deliver, is more More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 years.

AB817,76,15 5. If the amount possessed, with intent to manufacture or deliver, is more More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB817,76,18 (d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

AB817,76,21 1. If the amount possessed, with intent to manufacture or deliver, is 3 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 15 years.

AB817,76,25 2. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,77,4 3. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,77,8 4. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,77,12 5. If the amount possessed, with intent to manufacture or deliver, is more More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

AB817,77,15 6. If the amount possessed, with intent to manufacture or deliver, is more More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB817,77,20 (e) Phencyclidine, amphetamine or, methamphetamine or a controlled substance under s. 161.14 (7) (L) methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

AB817,77,23 1. If the amount possessed, with intent to manufacture or deliver, is 3 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 5 years.

AB817,78,2 2. If the amount possessed, with intent to manufacture or deliver, is more 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 5 years.

AB817,78,6 3. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,78,10 4. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,78,14 5. If the amount possessed, with intent to manufacture or deliver, is more More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.

AB817,78,17 6. If the amount possessed, with intent to manufacture or deliver, is more More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.

AB817,78,20 (f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

AB817,78,23 1. If the amount possessed, with intent to manufacture or deliver, is one 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 5 years.

AB817,79,2 2. If the amount possessed, with intent to manufacture or deliver, is more 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 5 years.

AB817,79,5 3. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,79,8 (g) Psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

AB817,79,11 1. If the amount possessed, with intent to manufacture or deliver, is 100 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 5 years.

AB817,79,15 2. If the amount possessed, with intent to manufacture or deliver, is more 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 5 years.

AB817,79,18 3. If the amount possessed, with intent to manufacture or deliver, is more 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 15 years.

AB817,79,22 (h) Tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:

AB817,80,2 1. If the amount possessed, with intent to manufacture or deliver, is 500 Five hundred grams or less, or 10 marijuana or fewer plants or less containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 years.

AB817,80,8 2. If the amount possessed, with intent to manufacture or deliver, is more More than 500 grams but not more than 2,500 grams, or more than 10 marijuana plants containing tetrahydrocannabinols but not more than 50 marijuana 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 5 years.

AB817,80,12 3. If the amount possessed, with intent to manufacture or deliver, is more More than 2,500 grams, or more than 50 marijuana 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 10 years.

AB817,80,14 (i) A substance classified included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both;.

AB817,80,16 (j) A substance classified included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB817, s. 246 Section 246. 161.41 (1p) (a) (intro.) of the statutes is repealed.

AB817, s. 247 Section 247. 161.41 (1p) (a) 1. of the statutes is renumbered 961.01 (20h).

AB817, s. 248 Section 248. 161.41 (1p) (a) 2. of the statutes is renumbered 961.01 (21m).

AB817, s. 249 Section 249. 161.41 (1p) (b) of the statutes is renumbered 961.492, and 961.492 (intro.) and (1), as renumbered, are amended to read:

AB817,81,2 961.492 (title) Distribution or possession with intent to deliver certain controlled substances on public transit vehicles. If a person violates sub. s. 961.41 (1) or (1m) under all of the following circumstances, the maximum period of imprisonment under sub. s. 961.41 (1) or (1m) may be increased by not more than 5 years:

AB817,81,6 (1) The violation of sub. s. 961.41 (1) or (1m) involves the delivery or the possession, with intent to deliver, of any controlled substance included in schedule I or II or a controlled substance analog of any controlled substance included in schedule I or II.

AB817, s. 250 Section 250. 161.41 (1q) of the statutes is renumbered 961.41 (1q) and amended to read:

AB817,81,13 961.41 (1q) (title) Penalty relating to tetrahydrocannabinols in certain cases. Under subs. (1) (h) and (1m) (h) and s. 161.49 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of marijuana plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

AB817, s. 251 Section 251. 161.41 (1r) of the statutes is renumbered 961.41 (1r) and amended to read:

AB817,82,2 961.41 (1r) (title) Determining weight of substance. In determining amounts under subs. (1) and (1m) and s. 161.49 961.49 (2) (b), an amount includes the weight of the controlled substance included under s. 161.16 (2) (b) cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog 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 covered included under s. 161.14 961.14 (4) (t) and includes the weight of any marijuana.

AB817, s. 252 Section 252. 161.41 (1x) of the statutes is renumbered 961.41 (1x).

AB817, s. 253 Section 253. 161.41 (2) of the statutes is renumbered 961.41 (2) and amended to read:

AB817,82,9 961.41 (2) (title) Counterfeit substances. Except as authorized by this chapter, it is unlawful for any person to create, manufacture, deliver or possess with intent to deliver, a counterfeit substance. Any person who violates this subsection with respect to:

AB817,82,12 (a) A counterfeit substance classified 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 15 years or both;.

AB817,82,14 (b) Any other counterfeit substance classified included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 years or both;.

AB817,82,16 (c) A counterfeit substance classified included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both;.

AB817,82,18 (d) A counterfeit substance classified included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB817, s. 254 Section 254. 161.41 (2m) of the statutes is renumbered 961.41 (4) (bm) and amended to read:

AB817,83,3 961.41 (4) (bm) It is unlawful for any person to agree, consent or offer to lawfully manufacture, deliver, distribute or dispense any controlled substance to any person, or to offer, arrange or negotiate to have any controlled substance unlawfully manufactured, delivered, distributed or dispensed, and then manufacture, deliver, distribute or dispense or offer, arrange or negotiate to have manufactured, delivered, distributed or dispensed to any such person a substance which is not a controlled substance. Any person who violates this subsection paragraph may be fined not more than $500 or imprisoned for not more than 6 months or both.

AB817, s. 255 Section 255. 161.41 (2r) (a) of the statutes is renumbered 961.41 (3g) (intro.) and amended to read:

AB817,83,14 961.41 (3g) (title) Possession. (intro.) Except as provided in par. (b), it is unlawful for any person to No person may possess or attempt to possess a controlled substance classified in schedule I or II that is a narcotic drug or a controlled substance analog unless the substance was obtained person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner while who is acting in the course of his or her professional practice, or except as unless the person is otherwise authorized by this chapter to possess the substance or the analog. Any person who violates this paragraph subsection is subject to the following penalties:

AB817,83,21 (a) 1. Except as provided in subd. 2., if the 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, may be fined not more than $5,000 or imprisoned for not more than one year 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 2 years or both.

AB817, s. 256 Section 256. 161.41 (2r) (b) of the statutes is renumbered 961.41 (3g) (a) 2. and amended to read:

AB817,84,5 961.41 (3g) (a) 2. It is unlawful for any person to possess or attempt If the person possesses or attempts to possess heroin unless it was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any or a controlled substance analog of heroin, the person who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB817, s. 257 Section 257. 161.41 (2r) (c) of the statutes is renumbered 961.41 (3g) (a) 3. and amended to read:

AB817,84,13 961.41 (3g) (a) 3. For purposes of this subsection 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 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.

AB817, s. 258 Section 258. 161.41 (3) of the statutes is renumbered 961.41 (3g) (b) and amended to read:

AB817,84,25 961.41 (3g) (b) Except as provided in subs. (3m), (3n), (3p) and (3r), it is unlawful for any pars. (c), (d) and (e), if the person to possess or attempt possesses or attempts to possess a controlled substance or controlled substance analog, other than a controlled substance classified included in schedule I or II that is a narcotic drug ,unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, the person who violates this subsection is guilty of a misdemeanor, punishable under s. 939.61.

AB817, s. 259 Section 259. 161.41 (3m) of the statutes is renumbered 961.41 (3g) (c) and amended to read:

AB817,85,10 961.41 (3g) (c) It is unlawful for any person to possess or attempt If a person possess or attempts to possess a controlled substance included under s. 161.16 (2) (b), unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person who violates this subsection shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail.

AB817, s. 260 Section 260. 161.41 (3n) of the statutes is renumbered 961.41 (3g) (d) and amended to read:

AB817,85,22 961.41 (3g) (d) It is unlawful for any person to possess or attempt If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person who violates this subsection may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB817, s. 261 Section 261. 161.41 (3p) of the statutes is repealed.

AB817, s. 262 Section 262. 161.41 (3r) of the statutes is renumbered 961.41 (3g) (e) and amended to read:

AB817,86,8 961.41 (3g) (e) It is unlawful for any person to possess or attempt If a person possesses or attempts to possess tetrahydrocannabinols, listed at included under s. 161.14 961.14 (4) (t), unless it was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any or a controlled substance analog of tetrahydrocannabinols, the person who violates this subsection may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB817, s. 263 Section 263. 161.41 (4) (a) of the statutes is renumbered 961.41 (4) (am) 1. and amended to read:

AB817,86,13 961.41 (4) (am) 1. No person may knowingly distribute or deliver, attempt to distribute or deliver or cause to be distributed or delivered a noncontrolled substance and expressly or impliedly represent any of the following to the recipient:

AB817,86,14 a. The That the substance is a controlled substance; or.

AB817,86,19 b. The That the substance is of a nature, appearance or effect that will allow the recipient to display, sell, distribute, deliver or use the noncontrolled substance as a controlled substance, if the representation is made under circumstances in which the person has reasonable cause to believe that the noncontrolled substance will be used or distributed for use as a controlled substance.

AB817, s. 264 Section 264. 161.41 (4) (b) of the statutes is renumbered 961.41 (4) (am) 2., and 961.41 (4) (am) 2. (intro.) and d., as renumbered, are amended to read:

AB817,86,23 961.41 (4) (am) 2. Proof of any of the following is prima facie evidence of a representation specified in par. (a) 1. or 2. subd. 1. a. or b.:

AB817,87,2 d. The person distributing or delivering, attempting to distribute or deliver or causing distribution or delivery of the substance to be made states to the recipient that the substance may be resold at a price that substantially exceeds the value of the substance.

AB817, s. 265 Section 265. 161.41 (4) (c) of the statutes is renumbered 961.41 (4) (am) 3. and amended to read:

AB817,87,6 961.41 (4) (am) 3. A person convicted of violating this subsection paragraph may be fined not more than $5,000 or imprisoned for not more than one year or both.

AB817, s. 266 Section 266. 161.41 (5) of the statutes is renumbered 961.41 (5).

AB817, s. 267 Section 267. 161.42 of the statutes is renumbered 961.42.

AB817, s. 268 Section 268. 161.43 of the statutes is renumbered 961.43, and 961.43 (1) (b) (intro.) and 1., as renumbered, are amended to read:

AB817,87,14 961.43 (1) (b) (intro.) To Without authorization, to make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as:

AB817,87,15 1. To make a counterfeit a drug substance; or

AB817, s. 269 Section 269. 161.435 of the statutes is renumbered 961.435 and amended to read:

AB817,87,19 961.435 Specific penalty. Any person who violates s. 161.38 961.38 (5) may be fined not more than $500 or imprisoned not more than 30 days or both.

AB817, s. 270 Section 270. 161.438 of the statutes is renumbered 961.438.