SB357,254,97
961.41
(1m) (g) 1. One hundred grams or less, the person
shall be fined not less
8than $1,000 nor more than $100,000 and may be imprisoned for not more than 7
9years and 6 months is guilty of a Class G felony.
SB357,254,1512
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
13person
shall be fined not less than $1,000 nor more than $200,000 and shall be
14imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty
15of a Class F felony.
SB357,254,2018
961.41
(1m) (g) 3. More than 500 grams, the person
shall be fined not less than
19$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
20nor more than 22 years and 6 months is guilty of a Class E felony.
SB357, s. 859
21Section
859. 961.41 (1m) (h) (intro.) of the statutes is amended to read:
SB357,255,222
961.41
(1m) (h)
Tetrahydrocannabinols. (intro.)
Tetrahydrocannabinols If a
23person violates this subsection with respect to tetrahydrocannabinols, included
24under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols,
is
1subject to the following penalties if and the amount possessed, with intent to
2manufacture, distribute or deliver, is:
SB357,255,85
961.41
(1m) (h) 1.
Five Two hundred grams or less, or
10 4 or fewer plants
6containing tetrahydrocannabinols, the person
shall be fined not less than $500 nor
7more than $25,000 and may be imprisoned for not more than 4 years and 6 months 8is guilty of a Class I felony.
SB357,255,1511
961.41
(1m) (h) 2. More than
500
200 grams but not more than
2,500 1,000 12grams, or more than
10 4 plants containing tetrahydrocannabinols but not more than
1350 20 plants containing tetrahydrocannabinols, the person
shall be fined not less
14than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3
15months nor more than 7 years and 6 months is guilty of a Class H felony.
SB357,255,2218
961.41
(1m) (h) 3. More than
2,500
1,000 grams
but not more than 2,500 grams,
19or more than
50 20 plants containing tetrahydrocannabinols
but not more than 50
20plants containing tetrahydrocannabinols, the person
shall be fined not less than
21$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
22nor more than 15 years is guilty of a Class G felony.
SB357, s. 863
23Section
863. 961.41 (1m) (h) 4. of the statutes is created to read:
SB357,256,3
1961.41
(1m) (h) 4. More than 2,500 grams but not more than 10,000 grams, or
2more than 50 plants containing tetrahydrocannabinols but not more than 200 plants
3containing tetrahydrocannabinols, the person is guilty of a Class F felony.
SB357, s. 864
4Section
864. 961.41 (1m) (h) 5. of the statutes is created to read:
SB357,256,65
961.41
(1m) (h) 5. More than 10,000 grams, or more than 200 plants containing
6tetrahydrocannabinols, the person is guilty of a Class E felony.
SB357,256,129
961.41
(1m) (i)
Schedule IV drugs. A If a person violates this subsection with
10respect to a substance included in schedule IV,
may be fined not more than $10,000
11or imprisoned for not more than 4 years and 6 months or both the person is guilty
12of a Class H felony.
SB357,256,1715
961.41
(1m) (j)
Schedule V drugs. A If a person violates this subsection with
16respect to a substance included in schedule V,
may be fined not more than $5,000 or
17imprisoned for not more than 2 years or both the person is guilty of a Class I felony.
SB357,256,2120
961.41
(1n) (c) A person who violates par. (a) or (b)
may be fined not more than
21$250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
SB357, s. 868
22Section
868. 961.41 (1q) of the statutes is amended to read:
SB357,257,223
961.41
(1q) Penalty relating to tetrahydrocannabinols in certain cases. 24Under
s. 961.49 (2), 1997 stats., and subs. (1) (h) and (1m) (h)
and s. 961.49 (2), if
25different penalty provisions apply to a person depending on whether the weight of
1tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is
2considered, the greater penalty provision applies.
SB357, s. 869
3Section
869. 961.41 (1r) of the statutes is amended to read:
SB357,257,134
961.41
(1r) Determining weight of substance. In determining amounts under
5s. 961.49 (2) (b), 1997 stats., and subs. (1) and (1m)
and s. 961.49 (2) (b), an amount
6includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid
7diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
8methcathinone or tetrahydrocannabinols or any controlled substance analog of any
9of these substances together with any compound, mixture, diluent, plant material
10or other substance mixed or combined with the controlled substance or controlled
11substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
12(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
13(4) (t) and includes the weight of any marijuana.
SB357, s. 870
14Section
870. 961.41 (2) (intro.) of the statutes is amended to read:
SB357,257,1815
961.41
(2) Counterfeit substances. (intro.) Except as authorized by this
16chapter, it is unlawful for any person to create, manufacture, distribute, deliver or
17possess with intent to distribute or deliver, a counterfeit substance. Any person who
18violates this subsection
with respect to is subject to the following penalties:
SB357,257,2521
961.41
(2) (a)
Counterfeit schedule I and II narcotic drugs. A If a person
22violates this subsection with respect to a counterfeit substance included in schedule
23I or II which is a narcotic drug,
may be fined not more than $25,000 or imprisoned
24for not more than 22 years and 6 months or both the person is guilty of a Class E
25felony.
SB357,258,63
961.41
(2) (b)
Counterfeit schedule I, II, III and IV drugs. Any If a person
4violates this subsection with respect to any other counterfeit substance included in
5schedule I, II
or, III
or IV,
may be fined not more than $15,000 or imprisoned for not
6more than 7 years and 6 months or both the person is guilty of a Class H felony.
SB357,258,1411
961.41
(2) (d)
Counterfeit schedule V drugs. A If a person violates this
12subsection with respect to a counterfeit substance included in schedule V,
may be
13fined not more than $5,000 or imprisoned for not more than 2 years or both the person
14is guilty of a Class I felony.
SB357,258,2317
961.41
(3g) (am)
Schedule I and II narcotic drugs. Except as provided in subd.
182., if the If a person possesses a controlled substance included in schedule I or II
19which is a narcotic drug, or possesses a controlled substance analog of a controlled
20substance included in schedule I or II which is a narcotic drug, the person
may, upon
21a first conviction, be fined not more than $5,000 or imprisoned for not more than 2
22or both, and for a 2nd or subsequent offense, the person may be fined not more than
23$10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.
SB357, s. 877
1Section
877. 961.41 (3g) (a) 3. of the statutes is repealed.
SB357, s. 878
2Section
878. 961.41 (3g) (b) (title) of the statutes is created to read:
SB357,259,33
961.41
(3g) (b) (title)
Other drugs generally.
SB357, s. 879
4Section
879. 961.41 (3g) (c) of the statutes is amended to read:
SB357,259,145
961.41
(3g) (c)
Cocaine and cocaine base. If a person possess or attempts to
6possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
7base, the person shall be fined not more than $5,000 and may be imprisoned for not
8more than one year in the county jail
upon a first conviction and is guilty of a Class
9I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
10is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
11offense, the offender has at any time been convicted of any felony or misdemeanor
12under this chapter or under any statute of the United States or of any state relating
13to controlled substances, controlled substance analogs, narcotic drugs, marijuana or
14depressant, stimulant or hallucinogenic drugs.
SB357, s. 880
15Section
880. 961.41 (3g) (d) of the statutes is amended to read:
SB357,260,316
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
17possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
18amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a
19controlled substance analog of lysergic acid diethylamide, phencyclidine,
20amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person
21may be fined not more than $5,000 or imprisoned for not more than one year in the
22county jail or both
upon a first conviction and is guilty of a Class I felony for a 2nd
23or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
24or subsequent offense if, prior to the offender's conviction of the offense, the offender
25has at any time been convicted of any felony or misdemeanor under this chapter or
1under any statute of the United States or of any state relating to controlled
2substances, controlled substance analogs, narcotic drugs, marijuana or depressant,
3stimulant or hallucinogenic drugs.
SB357, s. 881
4Section
881. 961.41 (3g) (e) of the statutes is amended to read:
SB357,260,145
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
6possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
7substance analog of tetrahydrocannabinols, the person may be fined not more than
8$1,000 or imprisoned for not more than 6 months or both
upon a first conviction and
9is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
10paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
11offender's conviction of the offense, the offender has at any time been convicted of any
12felony or misdemeanor under this chapter or under any statute of the United States
13or of any state relating to controlled substances, controlled substance analogs,
14narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.
SB357,260,2117
961.41
(3g) (f)
Gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone,
18ketamine and flunitrazepam. If a person possesses or attempts to possess
19gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
20the person
may be fined not more than $5,000 or imprisoned for not more than 2 years
21or both is guilty of a Class H felony.
SB357,261,3
1961.41
(4) (am) 3. A person
convicted of violating who violates this paragraph
2may be fined not more than $5,000 or imprisoned for not more than 2 years or both 3is guilty of a Class I felony.
SB357,261,76
961.42
(2) Any person who violates this section
may be fined not more than
7$25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
SB357,261,1110
961.43
(2) Any person who violates this section
may be fined not more than
11$30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
SB357, s. 886
12Section
886. 961.438 of the statutes is repealed.
SB357,261,1815
961.455
(1) Any person who has attained the age of 17 years who knowingly
16solicits, hires, directs, employs or uses a person who is
under the age of 17 years
of
17age or under for the purpose of violating s. 961.41 (1)
may be fined not more than
18$50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
SB357, s. 888
19Section
888. 961.455 (3) of the statutes is amended to read:
SB357,261,2220
961.455
(3) Solicitation under sub. (1) occurs in the manner described under
21s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s.
22939.30
or 948.35.
SB357, s. 889
23Section
889. 961.46 (1) of the statutes is renumbered 961.46 and amended to
24read:
SB357,262,9
1961.46 Distribution to persons under age 18.
Except as provided in sub.
2(3), any If a person 17 years of age or over
who violates s. 961.41 (1) by distributing
3or delivering a controlled substance
included in schedule I or II which is a narcotic
4drug or a controlled substance analog
of a controlled substance included in schedule
5I or II which is a narcotic drug to a person 17 years of age or under who is at least
63 years his or her junior
is punishable by the fine authorized by s. 961.41 (1) (a) or
7a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the
8applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
9offense may be increased by not more than 5 years.
SB357, s. 890
10Section
890. 961.46 (2) of the statutes is repealed.
SB357, s. 891
11Section
891. 961.46 (3) of the statutes is repealed.
SB357, s. 892
12Section
892. 961.465 of the statutes is repealed.
SB357, s. 893
13Section
893. 961.472 (2) of the statutes is amended to read:
SB357,262,2414
961.472
(2) Except as provided in sub. (5), if a person pleads guilty or is found
15guilty of possession or attempted possession of a controlled substance or controlled
16substance analog under s. 961.41 (3g)
(a) 2. (am), (c) or (d), the court shall order the
17person to comply with an assessment of the person's use of controlled substances.
18The court's order shall designate a facility that is operated by or pursuant to a
19contract with the county department established under s. 51.42 and that is certified
20by the department of health and family services to provide assessment services to
21perform the assessment and, if appropriate, to develop a proposed treatment plan.
22The court shall notify the person that noncompliance with the order limits the court's
23ability to determine whether the treatment option under s. 961.475 is appropriate.
24The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).
SB357, s. 894
1Section
894. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and
2amended to read:
SB357,263,93
961.48
(1) (intro.)
Except as provided in subs. (2) and (4), any If a person
who 4is charged under sub. (2m) with
a felony offense under this chapter that is a 2nd or
5subsequent offense
as provided under
this chapter sub. (3) and
the person is 6convicted of that 2nd or subsequent offense
may be fined an amount up to twice that
7otherwise authorized or imprisoned for a term up to twice the term otherwise
8authorized or both., the maximum term of imprisonment for the offense may be
9increased as follows:
SB357, s. 895
10Section
895. 961.48 (1) (a) and (b) of the statutes are created to read:
SB357,263,1111
961.48
(1) (a) By not more than 6 years, if the offense is a Class C or D felony.
SB357,263,1212
(b) By not more than 4 years, if the offense is a Class E, F, G, H or I felony.
SB357, s. 896
13Section
896. 961.48 (2) of the statutes is repealed.
SB357, s. 897
14Section
897. 961.48 (2m) (a) of the statutes is amended to read:
SB357,263,2215
961.48
(2m) (a) Whenever a person charged with
an a felony offense under this
16chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
17not subject to an enhanced penalty under sub. (1)
or (2) unless any applicable prior
18convictions are alleged in the complaint, indictment or information or in an amended
19complaint, indictment or information that is filed under par. (b) 1. A person is not
20subject to an enhanced penalty under sub. (1)
or (2) for an offense if an allegation of
21applicable prior convictions is withdrawn by an amended complaint filed under par.
22(b) 2.
SB357, s. 898
23Section
898. 961.48 (3) of the statutes is amended to read:
SB357,264,424
961.48
(3) For purposes of this section,
an a felony offense
under this chapter 25is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
1offense, the offender has at any time been convicted
of any felony or misdemeanor
2offense under this chapter or under any statute of the United States or of any state
3relating to controlled substances or controlled substance analogs, narcotic drugs,
4marijuana or depressant, stimulant or hallucinogenic drugs.
SB357, s. 899
5Section
899. 961.48 (4) of the statutes is repealed.
SB357, s. 900
6Section
900. 961.49 (1) of the statutes is renumbered 961.49.
SB357, s. 901
7Section
901. 961.49 (2) of the statutes is repealed.
SB357, s. 902
8Section
902. 961.49 (3) of the statutes is repealed.
SB357, s. 904
10Section
904. 968.255 (1) (a) 2. of the statutes is amended to read:
SB357,264,1211
968.255
(1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
12(1), 941.23, 941.237, 941.24, 948.60
, 948.605 (2) (a) or 948.61.
SB357,264,1815
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
16968.28 to 968.30, whoever commits any of the acts enumerated in this section
may
17be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
18or both is guilty of a Class H felony:
SB357,264,2221
968.34
(3) Whoever knowingly violates sub. (1)
shall may be fined not more
22than $10,000 or imprisoned for not more than
2 years
9 months or both.