SB357,251,1411
961.41
(1m) (d) 4. More than 50 grams
but not more than 200 grams, the person
12shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
13for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
14felony.
SB357, s. 844
19Section
844. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
SB357,251,2520
961.41
(1m) (e)
Phencyclidine, amphetamine, methamphetamine and
21methcathinone. (intro.)
Phencyclidine If a person violates this subsection with
22respect to phencyclidine, amphetamine, methamphetamine or methcathinone, or a
23controlled substance analog of phencyclidine, amphetamine, methamphetamine or
24methcathinone,
is subject to the following penalties if and the amount possessed,
25with intent to manufacture, distribute or deliver, is:
SB357,252,53
961.41
(1m) (e) 1. Three grams or less, the person
shall be fined not less than
4$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
56 months is guilty of a Class F felony.
SB357,252,118
961.41
(1m) (e) 2. More than 3 grams but not more than 10 grams, the person
9shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
10for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
11E felony.
SB357,252,1714
961.41
(1m) (e) 3. More than 10 grams but not more than 50 grams, the person
15shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
16for not less than one year nor more than 22 years and 6 months
is guilty of a Class
17D felony.
SB357,252,2320
961.41
(1m) (e) 4. More than 50 grams
but not more than 200 grams, the person
21shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
22for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
23felony.
SB357, s. 851
3Section
851. 961.41 (1m) (f) (intro.) of the statutes is amended to read:
SB357,253,74
961.41
(1m) (f)
Lysergic acid diethylamide. (intro.)
Lysergic If a person violates
5this subsection with respect to lysergic acid diethylamide or a controlled substance
6analog of lysergic acid diethylamide
is subject to the following penalties if and the
7amount possessed, with intent to manufacture, distribute or deliver, is:
SB357,253,1210
961.41
(1m) (f) 1. One gram or less, the person
shall be fined not less than
11$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
126 months is guilty of a Class G felony.
SB357,253,1815
961.41
(1m) (f) 2. More than one gram but not more than 5 grams, the person
16shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
17for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
18F felony.
SB357,253,2321
961.41
(1m) (f) 3. More than 5 grams, the person
shall be fined not less than
22$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
23nor more than 22 years and 6 months is guilty of a Class E felony.
SB357, s. 855
24Section
855. 961.41 (1m) (g) (intro.) of the statutes is amended to read:
SB357,254,4
1961.41
(1m) (g)
Psilocin and psilocybin. (intro.)
Psilocin If a person violates
2this subsection with respect to psilocin or psilocybin, or a controlled substance analog
3of psilocin or psilocybin,
is subject to the following penalties if and the amount
4possessed, with intent to manufacture, distribute or deliver, is:
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: