AB465: Bill Text

AB465,152,8 961.41 (1) (b) Schedule I, II and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), if a person violates this subsection with respect to any other controlled substance 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 7 years and 6 months or both the person is guilty of a Class H felony.

AB465, s. 613 Section 613. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

AB465,152,13 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

AB465, s. 614 Section 614. 961.41 (1) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 961.41 (1) (cm) 1r. and amended to read:

AB465,152,18 961.41 (1) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

AB465, s. 615 Section 615. 961.41 (1) (cm) 1g. of the statutes is created to read:

AB465,152,20 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB465, s. 616 Section 616. 961.41 (1) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,152,25 961.41 (1) (cm) 2. 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 22 years and 6 months is guilty of a Class E felony.

AB465, s. 617 Section 617. 961.41 (1) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,153,5 961.41 (1) (cm) 3. 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 30 years is guilty of a Class D felony.

AB465, s. 618 Section 618. 961.41 (1) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,153,10 961.41 (1) (cm) 4. 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 45 years is guilty of a Class C felony.

AB465, s. 619 Section 619. 961.41 (1) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

AB465, s. 620 Section 620. 961.41 (1) (d) (intro.) of the statutes is amended to read:

AB465,153,16 961.41 (1) (d) Heroin. (intro.) Heroin If the 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 manufactured, distributed or delivered is:

AB465, s. 621 Section 621. 961.41 (1) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,153,21 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months is guilty of a Class F felony.

AB465, s. 622 Section 622. 961.41 (1) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,154,2 961.41 (1) (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 $250,000 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.

AB465, s. 623 Section 623. 961.41 (1) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,154,8 961.41 (1) (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.

AB465, s. 624 Section 624. 961.41 (1) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,154,14 961.41 (1) (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.

AB465, s. 625 Section 625. 961.41 (1) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

AB465, s. 626 Section 626. 961.41 (1) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

AB465, s. 627 Section 627. 961.41 (1) (e) (intro.) of the statutes is amended to read:

AB465,154,25 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine and methcathinone. (intro.) Phencyclidine If the 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 manufactured, distributed or delivered is:

AB465, s. 628 Section 628. 961.41 (1) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,155,5 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class F felony.

AB465, s. 629 Section 629. 961.41 (1) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,155,11 961.41 (1) (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 $250,000 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.

AB465, s. 630 Section 630. 961.41 (1) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,155,17 961.41 (1) (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.

AB465, s. 631 Section 631. 961.41 (1) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,155,23 961.41 (1) (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.

AB465, s. 632 Section 632. 961.41 (1) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

AB465, s. 633 Section 633. 961.41 (1) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

AB465, s. 634 Section 634. 961.41 (1) (f) (intro.) of the statutes is amended to read:

AB465,156,7 961.41 (1) (f) Lysergic acid diethylamide. (intro.) Lysergic If the 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 manufactured, distributed or delivered is:

AB465, s. 635 Section 635. 961.41 (1) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,156,12 961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class G felony.

AB465, s. 636 Section 636. 961.41 (1) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,156,17 961.41 (1) (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 $250,000 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.

AB465, s. 637 Section 637. 961.41 (1) (f) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,156,22 961.41 (1) (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.

AB465, s. 638 Section 638. 961.41 (1) (g) (intro.) of the statutes is amended to read:

AB465,157,2 961.41 (1) (g) Psilocin and psilocybin. (intro.) Psilocin If the 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 manufactured, distributed or delivered is:

AB465, s. 639 Section 639. 961.41 (1) (g) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,157,7 961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class G felony.

AB465, s. 640 Section 640. 961.41 (1) (g) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,157,13 961.41 (1) (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 $250,000 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.

AB465, s. 641 Section 641. 961.41 (1) (g) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,157,18 961.41 (1) (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.

AB465, s. 642 Section 642. 961.41 (1) (h) (intro.) of the statutes is amended to read:

AB465,157,24 961.41 (1) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If the 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 manufactured, distributed or delivered is:

AB465, s. 643 Section 643. 961.41 (1) (h) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,158,6 961.41 (1) (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.

AB465, s. 644 Section 644. 961.41 (1) (h) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,158,13 961.41 (1) (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.

AB465, s. 645 Section 645. 961.41 (1) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,158,20 961.41 (1) (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.

AB465, s. 646 Section 646. 961.41 (1) (h) 4. of the statutes is created to read:

AB465,158,24 961.41 (1) (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.

AB465, s. 647 Section 647. 961.41 (1) (h) 5. of the statutes is created to read:

AB465,159,2 961.41 (1) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

AB465, s. 648 Section 648. 961.41 (1) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,159,8 961.41 (1) (i) Schedule IV drugs. A 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.

AB465, s. 649 Section 649. 961.41 (1) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,159,13 961.41 (1) (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.

AB465, s. 650 Section 650. 961.41 (1m) (intro.) of the statutes is amended to read:

AB465,159,24 961.41 (1m) Possession with intent to manufacture, distribute or deliver. (intro.) 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 is subject to the following penalties:

AB465, s. 651 Section 651. 961.41 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,160,8 961.41 (1m) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to a controlled substance included in schedule I 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 22 years and 6 months or both the person is guilty of a Class E felony.

AB465, s. 652 Section 652. 961.41 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,160,16 961.41 (1m) (b) Schedule I, II and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), if a person violates this subsection with respect to any other controlled substance 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 7 years and 6 months or both the person is guilty of a Class H felony.

AB465, s. 653 Section 653. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:

AB465,160,21 961.41 (1m) (cm) Cocaine and cocaine base. (intro.) Cocaine If a person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount possessed, with intent to manufacture, distribute or deliver, is:

AB465, s. 654 Section 654. 961.41 (1m) (cm) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 961.41 (1m) (cm) 1r. and amended to read:

AB465,161,3 961.41 (1m) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

AB465, s. 655 Section 655. 961.41 (1m) (cm) 1g. of the statutes is created to read:

AB465,161,5 961.41 (1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB465, s. 656 Section 656. 961.41 (1m) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,161,10 961.41 (1m) (cm) 2. 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 22 years and 6 months is guilty of a Class E felony.

AB465, s. 657 Section 657. 961.41 (1m) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,161,15 961.41 (1m) (cm) 3. 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 30 years is guilty of a Class D felony.

AB465, s. 658 Section 658. 961.41 (1m) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB465,161,20 961.41 (1m) (cm) 4. 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 45 years is guilty of a Class C felony.

AB465, s. 659 Section 659. 961.41 (1m) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.