SB237: Bill Text

SB237, s. 653 Section 653. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:

SB237,160,21 961.41 (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:

SB237, 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:

SB237,161,3 961.41 (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.

SB237, s. 655 Section 655. 961.41 (1m) (cm) 1g. of the statutes is created to read:

SB237,161,5 961.41 (1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

SB237, s. 656 Section 656. 961.41 (1m) (cm) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,161,10 961.41 (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.

SB237, s. 657 Section 657. 961.41 (1m) (cm) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,161,15 961.41 (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.

SB237, s. 658 Section 658. 961.41 (1m) (cm) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,161,20 961.41 (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.

SB237, s. 659 Section 659. 961.41 (1m) (cm) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 660 Section 660. 961.41 (1m) (d) (intro.) of the statutes is amended to read:

SB237,162,2 961.41 (1m) (d) Heroin. (intro.) Heroin If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB237, s. 661 Section 661. 961.41 (1m) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,162,7 961.41 (1m) (d) 1. 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 22 years and 6 months is guilty of a Class F felony.

SB237, s. 662 Section 662. 961.41 (1m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,162,13 961.41 (1m) (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 $200,000 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.

SB237, s. 663 Section 663. 961.41 (1m) (d) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,162,19 961.41 (1m) (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.

SB237, s. 664 Section 664. 961.41 (1m) (d) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,162,25 961.41 (1m) (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.

SB237, s. 665 Section 665. 961.41 (1m) (d) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 666 Section 666. 961.41 (1m) (d) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 667 Section 667. 961.41 (1m) (e) (intro.) of the statutes is amended to read:

SB237,163,11 961.41 (1m) (e) Phencyclidine, amphetamine, methamphetamine and methcathinone. (intro.) Phencyclidine If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB237, s. 668 Section 668. 961.41 (1m) (e) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,163,16 961.41 (1m) (e) 1. 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 7 years and 6 months is guilty of a Class F felony.

SB237, s. 669 Section 669. 961.41 (1m) (e) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,163,22 961.41 (1m) (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 $200,000 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.

SB237, s. 670 Section 670. 961.41 (1m) (e) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,164,4 961.41 (1m) (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.

SB237, s. 671 Section 671. 961.41 (1m) (e) 4. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,164,10 961.41 (1m) (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.

SB237, s. 672 Section 672. 961.41 (1m) (e) 5. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 673 Section 673. 961.41 (1m) (e) 6. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 674 Section 674. 961.41 (1m) (f) (intro.) of the statutes is amended to read:

SB237,164,19 961.41 (1m) (f) Lysergic acid diethylamide. (intro.) Lysergic If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB237, s. 675 Section 675. 961.41 (1m) (f) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,164,24 961.41 (1m) (f) 1. 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 7 years and 6 months is guilty of a Class G felony.

SB237, s. 676 Section 676. 961.41 (1m) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,165,6 961.41 (1m) (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 $200,000 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.

SB237, s. 677 Section 677. 961.41 (1m) (f) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,165,11 961.41 (1m) (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.

SB237, s. 678 Section 678. 961.41 (1m) (g) (intro.) of the statutes is amended to read:

SB237,165,16 961.41 (1m) (g) Psilocin and psilocybin. (intro.) Psilocin If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB237, s. 679 Section 679. 961.41 (1m) (g) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,165,21 961.41 (1m) (g) 1. 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 7 years and 6 months is guilty of a Class G felony.

SB237, s. 680 Section 680. 961.41 (1m) (g) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,166,2 961.41 (1m) (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 $200,000 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.

SB237, s. 681 Section 681. 961.41 (1m) (g) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,166,7 961.41 (1m) (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.

SB237, s. 682 Section 682. 961.41 (1m) (h) (intro.) of the statutes is amended to read:

SB237,166,13 961.41 (1m) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If a 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 possessed, with intent to manufacture, distribute or deliver, is:

SB237, s. 683 Section 683. 961.41 (1m) (h) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,166,19 961.41 (1m) (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.

SB237, s. 684 Section 684. 961.41 (1m) (h) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,167,2 961.41 (1m) (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.

SB237, s. 685 Section 685. 961.41 (1m) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,167,9 961.41 (1m) (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.

SB237, s. 686 Section 686. 961.41 (1m) (h) 4. of the statutes is created to read:

SB237,167,13 961.41 (1m) (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.

SB237, s. 687 Section 687. 961.41 (1m) (h) 5. of the statutes is created to read:

SB237,167,16 961.41 (1m) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

SB237, s. 688 Section 688. 961.41 (1m) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,167,22 961.41 (1m) (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.

SB237, s. 689 Section 689. 961.41 (1m) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,168,3 961.41 (1m) (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.

SB237, s. 690 Section 690. 961.41 (1n) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,168,7 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB237, s. 691 Section 691. 961.41 (1q) of the statutes is amended to read:

SB237,168,13 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1997 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

SB237, s. 692 Section 692. 961.41 (1r) of the statutes is amended to read:

SB237,168,24 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1997 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog of any 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 included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB237, s. 693 Section 693. 961.41 (2) (intro.) of the statutes is amended to read:

SB237,169,4 961.41 (2) Counterfeit substances. (intro.) Except as authorized by this chapter, it is unlawful for any person to create, manufacture, distribute, deliver or possess with intent to distribute or deliver, a counterfeit substance. Any person who violates this subsection with respect to is subject to the following penalties:

SB237, s. 694 Section 694. 961.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,169,11 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to a counterfeit 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.

SB237, s. 695 Section 695. 961.41 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,169,17 961.41 (2) (b) Counterfeit schedule I, II, III and IV drugs. Any If a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III or IV, 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.

SB237, s. 696 Section 696. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 697 Section 697. 961.41 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,169,25 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit 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.

SB237, s. 698 Section 698. 961.41 (3g) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 283, is renumbered 961.41 (3g) (am) and amended to read:

SB237,170,9 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd. 2., if the If a 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, be fined not more than $5,000 or imprisoned for not more than 2 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 3 years or both is guilty of a Class I felony.

SB237, s. 699 Section 699. 961.41 (3g) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237, s. 700 Section 700. 961.41 (3g) (a) 3. of the statutes is repealed.

SB237, s. 701 Section 701. 961.41 (3g) (b) (title) of the statutes is created to read: