AB318,5,53 2. More than 3 grams but not more than 10 grams, the person shall be fined
4not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
56 months nor more than 22 years and 6 months.
AB318,5,86 3. More than 10 grams but not more than 50 grams, the person shall be fined
7not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
8one year nor more than 22 years and 6 months.
AB318,5,119 4. More than 50 grams but not more than 200 grams, the person shall be fined
10not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
113 years nor more than 22 years and 6 months.
AB318,5,1412 5. More than 200 grams but not more than 400 grams, the person shall be fined
13not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
145 years nor more than 22 years and 6 months.
AB318,5,1715 6. More than 400 grams, the person shall be fined not less than $1,000 nor more
16than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45
17years.
AB318, s. 5 18Section 5. 961.41 (3g) (b) of the statutes is amended to read:
AB318,5,2419 961.41 (3g) (b) Except as provided in pars. (c), (d), (dm), (e) and (f), if the person
20possesses or attempts to possess a controlled substance or controlled substance
21analog, other than a controlled substance included in schedule I or II that is a
22narcotic drug or a controlled substance analog of a controlled substance included in
23schedule I or II that is a narcotic drug, the person is guilty of a misdemeanor,
24punishable under s. 939.61.
AB318, s. 6 25Section 6. 961.41 (3g) (d) of the statutes is amended to read:
AB318,6,6
1961.41 (3g) (d) If a person possesses or attempts to possess lysergic acid
2diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone,
3psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide,
4phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or
5psilocybin, the person may be fined not more than $5,000 or imprisoned for not more
6than one year in the county jail or both.
AB318, s. 7 7Section 7. 961.41 (3g) (dm) of the statutes is created to read:
AB318,6,118 961.41 (3g) (dm) If a person possesses or attempts to possess
9methamphetamine or a controlled substance analog of methamphetamine, the
10person may be fined not more than $5,000 or imprisoned for not more than 2 years
11or both.
AB318, s. 8 12Section 8. 961.46 (3) of the statutes is amended to read:
AB318,6,2013 961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (cm), (d),
14(e), (em), (f), (g) or (h) by distributing or delivering cocaine, cocaine base, heroin,
15phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
16methamphetamine, methcathinone or any form of tetrahydrocannabinols or a
17controlled substance analog of any of these substances to a person 17 years of age or
18under who is at least 3 years his or her junior, any applicable minimum and
19maximum fines and minimum and maximum periods of imprisonment under s.
20961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) are doubled.
AB318, s. 9 21Section 9. 961.465 (2) of the statutes is amended to read:
AB318,7,522 961.465 (2) If a person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) or
23(1m) (cm), (d), (e), (em), (f), (g) or (h) by delivering, distributing or possessing with
24intent to deliver or distribute cocaine, cocaine base, heroin, phencyclidine, lysergic
25acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,

1methcathinone or any form of tetrahydrocannabinols, or a controlled substance
2analog of any of these substances, to a prisoner within the precincts of any prison,
3jail or house of correction, any applicable minimum and maximum fines and
4minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e),
5(em), (f), (g) or (h) or (1m) (cm), (d), (e), (em), (f), (g) or (h) are doubled.
AB318, s. 10 6Section 10. 961.472 (2) of the statutes is amended to read:
AB318,7,177 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found
8guilty of possession or attempted possession of a controlled substance or controlled
9substance analog under s. 961.41 (3g) (a) 2., (c) or, (d) or (dm), the court shall order
10the person to comply with an assessment of the person's use of controlled substances.
11The court's order shall designate a facility that is operated by or pursuant to a
12contract with the county department established under s. 51.42 and that is certified
13by the department of health and family services to provide assessment services to
14perform the assessment and, if appropriate, to develop a proposed treatment plan.
15The court shall notify the person that noncompliance with the order limits the court's
16ability to determine whether the treatment option under s. 961.475 is appropriate.
17The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).
AB318, s. 11 18Section 11. 961.48 (2) of the statutes is amended to read:
AB318,8,219 961.48 (2) If any person is charged under sub. (2m) with a 2nd or subsequent
20offense under this chapter that is specified in s. 961.41 (1) (cm), (d), (e), (em), (f), (g)
21or (h), (1m) (cm), (d), (e), (em), (f), (g) or (h) or (3g) (a) 2., (c), (d), (dm) or (e), and he
22or she is convicted of that 2nd or subsequent offense, any applicable minimum and
23maximum fines and minimum and maximum periods of imprisonment under s.
24961.41 (1) (cm), (d), (e), (em), (f), (g) or (h), (1m) (cm), (d), (e), (em), (f), (g) or (h) or (3g)
25(a) 2., (c), (d), (dm) or (e) are doubled. A person convicted of a 2nd or subsequent

1offense under s. 961.41 (3g) (c), (d) or (e) is guilty of a felony and the person may be
2imprisoned in state prison.
AB318, s. 12 3Section 12. 961.49 (1) (intro.) of the statutes is amended to read:
AB318,8,124 961.49 (1) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g)
5or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (em), (f),
6(g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base,
7heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
8amphetamine, methamphetamine, methcathinone or any form of
9tetrahydrocannabinols or a controlled substance analog of any of these substances
10and the delivery, distribution or possession takes place under any of the following
11circumstances, the maximum term of imprisonment prescribed by law for that crime
12may be increased by 5 years:
AB318, s. 13 13Section 13. 961.55 (1) (d) 3. of the statutes is amended to read:
AB318,8,1514 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
15(3g) (b), (c), (d), (dm), (e) or (f); and
AB318, s. 14 16Section 14. 971.365 (1) (a) of the statutes is amended to read:
AB318,8,1917 971.365 (1) (a) In any case under s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h)
18involving more than one violation, all violations may be prosecuted as a single crime
19if the violations were pursuant to a single intent and design.
AB318, s. 15 20Section 15. 971.365 (1) (b) of the statutes is amended to read:
AB318,8,2321 971.365 (1) (b) In any case under s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h)
22involving more than one violation, all violations may be prosecuted as a single crime
23if the violations were pursuant to a single intent and design.
AB318, s. 16 24Section 16. 971.365 (1) (c) of the statutes is amended to read:
AB318,9,3
1971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., (c), (d), (dm) or (e)
2involving more than one violation, all violations may be prosecuted as a single crime
3if the violations were pursuant to a single intent and design.
AB318, s. 17 4Section 17. 971.365 (2) of the statutes is amended to read:
AB318,9,85 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
6prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h),
7(1m) (cm), (d), (e), (em), (f), (g) or (h) or (3g) (a) 2., (c), (d), (dm) or (e) on which no
8evidence was received at the trial on the original charge.
AB318, s. 18 9Section 18. Initial applicability.
AB318,9,1110 (1) This act first applies to offenses committed on the effective date of this
11subsection.
AB318,9,1212 (End)
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