AB3, s. 650
19Section
650. 961.41 (1) (cm) 2. of the statutes is amended to read:
AB3,158,2220
961.41
(1) (cm) 2. More than 5 grams but not more than 15 grams, the person
21shall be fined not more than $500,000 and shall be imprisoned for not less than one
22year nor more than 22 years and 6 months is guilty of a Class E felony.
AB3, s. 651
23Section
651. 961.41 (1) (cm) 3. of the statutes is amended to read:
AB3,159,3
1961.41
(1) (cm) 3. More than 15 grams but not more than 40 grams, the person
2shall be fined not more than $500,000 and shall be imprisoned for not less than 3
3years nor more than 30 years is guilty of a Class D felony.
AB3, s. 652
4Section
652. 961.41 (1) (cm) 4. of the statutes is amended to read:
AB3,159,75
961.41
(1) (cm) 4. More than 40 grams
but not more than 100 grams, the person
6shall be fined not more than $500,000 and shall be imprisoned for not less than 5
7years nor more than 45 years is guilty of a Class C felony.
AB3, s. 653
8Section
653. 961.41 (1) (cm) 5. of the statutes is repealed.
AB3, s. 654
9Section
654. 961.41 (1) (d) (intro.) of the statutes is amended to read:
AB3,159,1210
961.41
(1) (d)
Heroin. (intro.)
Heroin If the person violates this subsection with
11respect to heroin or a controlled substance analog of heroin
is subject to the following
12penalties if and the amount manufactured, distributed or delivered is:
AB3, s. 655
13Section
655. 961.41 (1) (d) 1. of the statutes is amended to read:
AB3,159,1614
961.41
(1) (d) 1. Three grams or less, the person
shall be fined not less than
15$1,000 nor more than $200,000 and may be imprisoned for not more than 22 years
16and 6 months is guilty of a Class F felony.
AB3, s. 656
17Section
656. 961.41 (1) (d) 2. of the statutes is amended to read:
AB3,159,2118
961.41
(1) (d) 2. More than 3 grams but not more than 10 grams, the person
19shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
20for not less than 6 months nor more than 22 years and 6 months
is guilty of a Class
21E felony.
AB3, s. 657
22Section
657. 961.41 (1) (d) 3. of the statutes is amended to read:
AB3,160,223
961.41
(1) (d) 3. More than 10 grams but not more than 50 grams, the person
24shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
1for not less than one year nor more than 22 years and 6 months is guilty of a Class
2D felony.
AB3, s. 658
3Section
658. 961.41 (1) (d) 4. of the statutes is amended to read:
AB3,160,74
961.41
(1) (d) 4. More than 50 grams
but not more than 200 grams, the person
5shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
6for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
7felony.
AB3, s. 659
8Section
659. 961.41 (1) (d) 5. of the statutes is repealed.
AB3, s. 660
9Section
660. 961.41 (1) (d) 6. of the statutes is repealed.
AB3, s. 661
10Section
661. 961.41 (1) (e) (intro.) of the statutes is amended to read:
AB3,160,1611
961.41
(1) (e)
Phencyclidine, amphetamine, methamphetamine, and
12methcathinone. (intro.)
Phencyclidine If the person violates this subsection with
13respect to phencyclidine, amphetamine
, methamphetamine, or methcathinone, or a
14controlled substance analog of phencyclidine, amphetamine,
methamphetamine, or
15methcathinone,
is subject to the following penalties if and the amount
16manufactured, distributed
, or delivered is:
AB3, s. 662
17Section
662. 961.41 (1) (e) 1. of the statutes is amended to read:
AB3,160,2018
961.41
(1) (e) 1. Three grams or less, the person
shall be fined not less than
19$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
206 months is guilty of a Class F felony.
AB3, s. 663
21Section
663. 961.41 (1) (e) 2. of the statutes is amended to read:
AB3,160,2522
961.41
(1) (e) 2. More than 3 grams but not more than 10 grams, the person
23shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
24for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
25E felony.
AB3, s. 664
1Section
664. 961.41 (1) (e) 3. of the statutes is amended to read:
AB3,161,52
961.41
(1) (e) 3. More than 10 grams but not more than 50 grams, the person
3shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
4for not less than one year nor more than 22 years and 6 months
is guilty of a Class
5D felony.
AB3, s. 665
6Section
665. 961.41 (1) (e) 4. of the statutes is amended to read:
AB3,161,107
961.41
(1) (e) 4. More than 50 grams
but not more than 200 grams, the person
8shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
9for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
10felony.
AB3, s. 666
11Section
666. 961.41 (1) (e) 5. of the statutes is repealed.
AB3, s. 667
12Section
667. 961.41 (1) (e) 6. of the statutes is repealed.
AB3, s. 668
13Section
668. 961.41 (1) (em) of the statutes is repealed.
AB3, s. 669
14Section
669. 961.41 (1) (f) (intro.) of the statutes is amended to read:
AB3,161,1815
961.41
(1) (f)
Lysergic acid diethylamide. (intro.)
Lysergic If the person violates
16this subsection with respect to lysergic acid diethylamide or a controlled substance
17analog of lysergic acid diethylamide
is subject to the following penalties if and the
18amount manufactured, distributed
, or delivered is:
AB3, s. 670
19Section
670. 961.41 (1) (f) 1. of the statutes is amended to read:
AB3,161,2220
961.41
(1) (f) 1. One gram or less, the person
shall be fined not less than $1,000
21nor more than $200,000 and may be imprisoned for not more than 7 years and 6
22months is guilty of a Class G felony.
AB3, s. 671
23Section
671. 961.41 (1) (f) 2. of the statutes is amended to read:
AB3,162,3
1961.41
(1) (f) 2. More than one gram but not more than 5 grams, the person
shall
2be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not
3less than 6 months nor more than 7 years and 6 months is guilty of a Class F felony.
AB3, s. 672
4Section
672. 961.41 (1) (f) 3. of the statutes is amended to read:
AB3,162,75
961.41
(1) (f) 3. More than 5 grams, the person
shall be fined not less than
6$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
7nor more than 22 years and 6 months is guilty of a Class E felony.
AB3, s. 673
8Section
673. 961.41 (1) (g) (intro.) of the statutes is amended to read:
AB3,162,129
961.41
(1) (g)
Psilocin and psilocybin. (intro.)
Psilocin If the person violates
10this subsection with respect to psilocin or psilocybin, or a controlled substance analog
11of psilocin or psilocybin,
is subject to the following penalties if and the amount
12manufactured, distributed or delivered is:
AB3, s. 674
13Section
674. 961.41 (1) (g) 1. of the statutes is amended to read:
AB3,162,1614
961.41
(1) (g) 1. One hundred grams or less, the person
shall be fined not less
15than $1,000 nor more than $200,000 and may be imprisoned for not more than 7
16years and 6 months is guilty of a Class G felony.
AB3, s. 675
17Section
675. 961.41 (1) (g) 2. of the statutes is amended to read:
AB3,162,2118
961.41
(1) (g) 2. More than 100 grams but not more than 500 grams, the person
19shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
20for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
21F felony.
AB3, s. 676
22Section
676. 961.41 (1) (g) 3. of the statutes is amended to read:
AB3,162,2523
961.41
(1) (g) 3. More than 500 grams, the person
shall be fined not less than
24$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
25nor more than 22 years and 6 months is guilty of a Class E felony.
AB3, s. 677
1Section
677. 961.41 (1) (h) (intro.) of the statutes is amended to read:
AB3,163,62
961.41
(1) (h)
Tetrahydrocannabinols. (intro.)
Tetrahydrocannabinols If the
3person violates this subsection with respect to tetrahydrocannabinols, included
4under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols,
is
5subject to the following penalties if and the amount manufactured, distributed or
6delivered is:
AB3, s. 678
7Section
678. 961.41 (1) (h) 1. of the statutes is amended to read:
AB3,163,118
961.41
(1) (h) 1.
Five Two hundred grams or less, or
10 4 or fewer plants
9containing tetrahydrocannabinols, the person
shall be fined not less than $500 nor
10more than $25,000 and may be imprisoned for not more than 4 years and 6 months 11is guilty of a Class I felony.
AB3, s. 679
12Section
679. 961.41 (1) (h) 2. of the statutes is amended to read:
AB3,163,1713
961.41
(1) (h) 2. More than
500 200 grams but not more than
2,500 1,000 grams,
14or more than
10 4 plants containing tetrahydrocannabinols but not more than
50 20 15plants containing tetrahydrocannabinols, the person
shall be fined not less than
16$1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor
17more than 7 years and 6 months is guilty of a Class H felony.
AB3, s. 680
18Section
680. 961.41 (1) (h) 3. of the statutes is amended to read:
AB3,163,2319
961.41
(1) (h) 3. More than
2,500
1,000 grams
but not more than 2,500 grams,
20or more than
50 20 plants containing tetrahydrocannabinols
but not more than 50
21plants containing tetrahydrocannabinols, the person
shall be fined not less than
22$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
23nor more than 15 years is guilty of a Class G felony.
AB3, s. 681
24Section
681. 961.41 (1) (h) 4. of the statutes is created to read:
AB3,164,3
1961.41
(1) (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.
AB3, s. 682
4Section
682. 961.41 (1) (h) 5. of the statutes is created to read:
AB3,164,65
961.41
(1) (h) 5. More than 10,000 grams, or more than 200 plants containing
6tetrahydrocannabinols, the person is guilty of a Class E felony.
AB3, s. 683
7Section
683. 961.41 (1) (i) of the statutes is amended to read:
AB3,164,118
961.41
(1) (i)
Schedule IV drugs. Except as provided in par. (im),
if a person
9violates this subsection with respect to a substance included in schedule IV,
may be
10fined not more than $10,000 or imprisoned for not more than 4 years and 6 months
11or both the person is guilty of a Class H felony.
AB3, s. 684
12Section
684. 961.41 (1) (im) of the statutes is repealed and recreated to read:
AB3,164,1413
961.41
(1) (im)
Flunitrazepam. If a person violates this subsection with respect
14to flunitrazepam, the person is guilty of a Class G felony.
AB3, s. 685
15Section
685. 961.41 (1) (j) of the statutes is amended to read:
AB3,164,1816
961.41
(1) (j)
Schedule V drugs. A If a person violates this subsection with
17respect to a substance included in schedule V,
may be fined not more than $5,000 or
18imprisoned for not more than 2 years or both the person is guilty of a Class I felony.
AB3, s. 686
19Section
686. 961.41 (1m) (intro.) of the statutes is amended to read:
AB3,165,420
961.41
(1m) Possession with intent to manufacture, distribute or deliver. 21(intro.) Except as authorized by this chapter, it is unlawful for any person to possess,
22with intent to manufacture, distribute or deliver, a controlled substance or a
23controlled substance analog. Intent under this subsection may be demonstrated by,
24without limitation because of enumeration, evidence of the quantity and monetary
25value of the substances possessed, the possession of manufacturing implements or
1paraphernalia, and the activities or statements of the person in possession of the
2controlled substance or a controlled substance analog prior to and after the alleged
3violation. Any person who violates this subsection
with respect to is subject to the
4following penalties:
AB3, s. 687
5Section
687. 961.41 (1m) (a) of the statutes is amended to read:
AB3,165,116
961.41
(1m) (a)
Schedule I and II narcotic drugs generally. Except as provided
7in par. (d),
if a person violates this subsection with respect to a controlled substance
8included in schedule I or II which is a narcotic drug or a controlled substance analog
9of a controlled substance included in schedule I or II which is a narcotic drug,
may
10be fined not more than $25,000 or imprisoned for not more than 22 years and 6
11months or both the person is guilty of a Class E felony.
AB3, s. 688
12Section
688. 961.41 (1m) (b) of the statutes is amended to read:
AB3,165,1813
961.41
(1m) (b)
Schedule I, II, and III nonnarcotic drugs generally. Except as
14provided in pars. (cm) and (e) to (h),
if a person violates this subsection with respect
15to any other controlled substance included in schedule I, II
, or III, or a controlled
16substance analog of any other controlled substance included in schedule I or II,
may
17be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months
18or both the person is guilty of a Class H felony.
AB3, s. 689
19Section
689. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:
AB3,165,2320
961.41
(1m) (cm)
Cocaine and cocaine base. (intro.)
Cocaine If a person violates
21this subsection with respect to cocaine or cocaine base, or a controlled substance
22analog of cocaine or cocaine base,
is subject to the following penalties if and the
23amount possessed, with intent to manufacture, distribute or deliver, is:
AB3, s. 690
24Section
690. 961.41 (1m) (cm) 1. of the statutes is renumbered 961.41 (1m)
25(cm) 1r. and amended to read:
AB3,166,3
1961.41
(1m) (cm) 1r.
Five grams or less More than one gram but not more than
25 grams, the person
shall be fined not more than $500,000 and may be imprisoned
3for not more than 15 years is guilty of a Class F felony.
AB3, s. 691
4Section
691. 961.41 (1m) (cm) 1g. of the statutes is created to read:
AB3,166,55
961.41
(1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.
AB3, s. 692
6Section
692. 961.41 (1m) (cm) 2. of the statutes is amended to read:
AB3,166,97
961.41
(1m) (cm) 2. More than 5 grams but not more than 15 grams, the person
8shall be fined not more than $500,000 and shall be imprisoned for not less than one
9year nor more than 22 years and 6 months is guilty of a Class E felony.
AB3, s. 693
10Section
693. 961.41 (1m) (cm) 3. of the statutes is amended to read:
AB3,166,1311
961.41
(1m) (cm) 3. More than 15 grams but not more than 40 grams, the
12person
shall be fined not more than $500,000 and shall be imprisoned for not less
13than 3 years nor more than 30 years is guilty of a Class D felony.
AB3, s. 694
14Section
694. 961.41 (1m) (cm) 4. of the statutes is amended to read:
AB3,166,1715
961.41
(1m) (cm) 4. More than 40 grams
but not more than 100 grams, the
16person
shall be fined not more than $500,000 and shall be imprisoned for not less
17than 5 years nor more than 45 years is guilty of a Class C felony.
AB3, s. 695
18Section
695. 961.41 (1m) (cm) 5. of the statutes is repealed.
AB3, s. 696
19Section
696. 961.41 (1m) (d) (intro.) of the statutes is amended to read:
AB3,166,2320
961.41
(1m) (d)
Heroin. (intro.)
Heroin If a person violates this subsection with
21respect to heroin or a controlled substance analog of heroin
is subject to the following
22penalties if and the amount possessed, with intent to manufacture, distribute or
23deliver, is:
AB3, s. 697
24Section
697. 961.41 (1m) (d) 1. of the statutes is amended to read:
AB3,167,3
1961.41
(1m) (d) 1. Three grams or less, the person
shall be fined not less than
2$1,000 nor more than $100,000 and may be imprisoned for not more than 22 years
3and 6 months is guilty of a Class F felony.