SB237: Bill Text

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 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.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 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.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:

SB237,170,14 961.41 (3g) (b) (title) Other drugs generally.

SB237, s. 702 Section 702. 961.41 (3g) (c) of the statutes is amended to read:

SB237,170,25 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 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 of any felony or misdemeanor 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.

SB237, s. 703 Section 703. 961.41 (3g) (d) of the statutes is amended to read:

SB237,171,14 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 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 of any felony or misdemeanor 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.

SB237, s. 704 Section 704. 961.41 (3g) (e) of the statutes is amended to read:

SB237,171,25 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this 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 of any felony or misdemeanor 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.

SB237, s. 705 Section 705. 961.41 (3g) (f) of the statutes is amended to read:

SB237,172,6 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone, ketamine and flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone, ketamine or flunitrazepam, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class H felony.

SB237, s. 706 Section 706. 961.41 (4) (am) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,172,11 961.41 (4) (am) 3. A person convicted of violating who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

SB237, s. 707 Section 707. 961.42 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,172,15 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.

SB237, s. 708 Section 708. 961.43 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,172,19 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.

SB237, s. 709 Section 709. 961.438 of the statutes is repealed.

SB237, s. 710 Section 710. 961.455 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237,173,2 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is under the age of 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB237, s. 711 Section 711. 961.455 (3) of the statutes is amended to read:

SB237,173,6 961.455 (3) Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30 or 948.35.

SB237, s. 712 Section 712. 961.46 (1) of the statutes is renumbered 961.46 and amended to read: