JR2 AB1: Bill Text

AB1,337,10 961.41 (1) (hm) Certain other schedule I controlled substances and ketamine. (intro.) Gamma-hydroxybutyric If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB1, s. 984 Section 984. 961.41 (1) (hm) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,337,15 961.41 (1) (hm) 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.

AB1, s. 985 Section 985. 961.41 (1) (hm) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,337,21 961.41 (1) (hm) 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.

AB1, s. 986 Section 986. 961.41 (1) (hm) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,338,2 961.41 (1) (hm) 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.

AB1, s. 987 Section 987. 961.41 (1) (hm) 4. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,338,8 961.41 (1) (hm) 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.

AB1, s. 988 Section 988. 961.41 (1) (hm) 5. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 989 Section 989. 961.41 (1) (hm) 6. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 990 Section 990. 961.41 (1) (i) of the statutes is amended to read:

AB1,338,17 961.41 (1) (i) Schedule IV drugs generally. Except as provided in par. (im), 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.

AB1, s. 991 Section 991. 961.41 (1) (im) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,338,22 961.41 (1) (im) Flunitrazepam. (intro.) Flunitrazepam is subject to the following penalties if If a person violates this subsection with respect to flunitrazepam and the amount manufactured, distributed, or delivered is:

AB1, s. 992 Section 992. 961.41 (1) (im) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,339,3 961.41 (1) (im) 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.

AB1, s. 993 Section 993. 961.41 (1) (im) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,339,9 961.41 (1) (im) 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.

AB1, s. 994 Section 994. 961.41 (1) (im) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,339,15 961.41 (1) (im) 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.

AB1, s. 995 Section 995. 961.41 (1) (im) 4. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,339,21 961.41 (1) (im) 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.

AB1, s. 996 Section 996. 961.41 (1) (im) 5. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 997 Section 997. 961.41 (1) (im) 6. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 998 Section 998. 961.41 (1) (j) of the statutes is amended to read:

AB1,340,4 961.41 (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.

AB1, s. 999 Section 999. 961.41 (1m) (intro.) of the statutes is amended to read:

AB1,340,15 961.41 (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:

AB1, s. 1000 Section 1000. 961.41 (1m) (a) of the statutes is amended to read:

AB1,340,22 961.41 (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.

AB1, s. 1001 Section 1001. 961.41 (1m) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,341,6 961.41 (1m) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (hm), 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.

AB1, s. 1002 Section 1002. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:

AB1,341,11 961.41 (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:

AB1, s. 1003 Section 1003. 961.41 (1m) (cm) 1. of the statutes is renumbered 961.41 (1m) (cm) 1r. and amended to read:

AB1,341,16 961.41 (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.

AB1, s. 1004 Section 1004. 961.41 (1m) (cm) 1g. of the statutes is created to read:

AB1,341,18 961.41 (1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB1, s. 1005 Section 1005. 961.41 (1m) (cm) 2. of the statutes is amended to read:

AB1,341,22 961.41 (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.

AB1, s. 1006 Section 1006. 961.41 (1m) (cm) 3. of the statutes is amended to read:

AB1,342,3 961.41 (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.

AB1, s. 1007 Section 1007. 961.41 (1m) (cm) 4. of the statutes is amended to read:

AB1,342,7 961.41 (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.

AB1, s. 1008 Section 1008. 961.41 (1m) (cm) 5. of the statutes is repealed.

AB1, s. 1009 Section 1009. 961.41 (1m) (d) (intro.) of the statutes is amended to read:

AB1,342,13 961.41 (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:

AB1, s. 1010 Section 1010. 961.41 (1m) (d) 1. of the statutes is amended to read:

AB1,342,17 961.41 (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.

AB1, s. 1011 Section 1011. 961.41 (1m) (d) 2. of the statutes is amended to read:

AB1,342,22 961.41 (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.

AB1, s. 1012 Section 1012. 961.41 (1m) (d) 3. of the statutes is amended to read:

AB1,343,2 961.41 (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.

AB1, s. 1013 Section 1013. 961.41 (1m) (d) 4. of the statutes is amended to read:

AB1,343,7 961.41 (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.

AB1, s. 1014 Section 1014. 961.41 (1m) (d) 5. of the statutes is repealed.

AB1, s. 1015 Section 1015. 961.41 (1m) (d) 6. of the statutes is repealed.

AB1, s. 1016 Section 1016. 961.41 (1m) (e) (intro.) of the statutes is amended to read:

AB1,343,16 961.41 (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:

AB1, s. 1017 Section 1017. 961.41 (1m) (e) 1. of the statutes is amended to read:

AB1,343,20 961.41 (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.

AB1, s. 1018 Section 1018. 961.41 (1m) (e) 2. of the statutes is amended to read:

AB1,343,25 961.41 (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.

AB1, s. 1019 Section 1019. 961.41 (1m) (e) 3. of the statutes is amended to read:

AB1,344,5 961.41 (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.

AB1, s. 1020 Section 1020. 961.41 (1m) (e) 4. of the statutes is amended to read:

AB1,344,10 961.41 (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.

AB1, s. 1021 Section 1021. 961.41 (1m) (e) 5. of the statutes is repealed.

AB1, s. 1022 Section 1022. 961.41 (1m) (e) 6. of the statutes is repealed.

AB1, s. 1023 Section 1023. 961.41 (1m) (em) of the statutes is repealed.

AB1, s. 1024 Section 1024. 961.41 (1m) (f) (intro.) of the statutes is amended to read:

AB1,344,18 961.41 (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:

AB1, s. 1025 Section 1025. 961.41 (1m) (f) 1. of the statutes is amended to read:

AB1,344,22 961.41 (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.

AB1, s. 1026 Section 1026. 961.41 (1m) (f) 2. of the statutes is amended to read:

AB1,345,2 961.41 (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.

AB1, s. 1027 Section 1027. 961.41 (1m) (f) 3. of the statutes is amended to read:

AB1,345,6 961.41 (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.

AB1, s. 1028 Section 1028. 961.41 (1m) (g) (intro.) of the statutes is amended to read:

AB1,345,11 961.41 (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:

AB1, s. 1029 Section 1029. 961.41 (1m) (g) 1. of the statutes is amended to read:

AB1,345,15 961.41 (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.

AB1, s. 1030 Section 1030. 961.41 (1m) (g) 2. of the statutes is amended to read:

AB1,345,20 961.41 (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.

AB1, s. 1031 Section 1031. 961.41 (1m) (g) 3. of the statutes is amended to read:

AB1,345,24 961.41 (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.

AB1, s. 1032 Section 1032. 961.41 (1m) (h) (intro.) of the statutes is amended to read:

AB1,346,5 961.41 (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: