AB3: Bill Text Engrossed

AB3-engrossed,159,24 961.41 (1) Manufacture, distribution or delivery. (intro.) Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to is subject to the following penalties:

AB3-engrossed, s. 645 Section 645. 961.41 (1) (a) of the statutes is amended to read:

AB3-engrossed,160,6 961.41 (1) (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.

AB3-engrossed, s. 646 Section 646. 961.41 (1) (b) of the statutes is amended to read:

AB3-engrossed,160,13 961.41 (1) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), 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.

AB3-engrossed, s. 647 Section 647. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

AB3-engrossed,160,18 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the 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 manufactured, distributed, or delivered is:

AB3-engrossed, s. 648 Section 648. 961.41 (1) (cm) 1. of the statutes is renumbered 961.41 (1) (cm) 1r. and amended to read:

AB3-engrossed,160,23 961.41 (1) (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.

AB3-engrossed, s. 649 Section 649. 961.41 (1) (cm) 1g. of the statutes is created to read:

AB3-engrossed,160,25 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB3-engrossed, s. 650 Section 650. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB3-engrossed,161,4 961.41 (1) (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.

AB3-engrossed, s. 651 Section 651. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB3-engrossed,161,8 961.41 (1) (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.

AB3-engrossed, s. 652 Section 652. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB3-engrossed,161,12 961.41 (1) (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.

AB3-engrossed, s. 653 Section 653. 961.41 (1) (cm) 5. of the statutes is repealed.

AB3-engrossed, s. 654 Section 654. 961.41 (1) (d) (intro.) of the statutes is amended to read:

AB3-engrossed,161,17 961.41 (1) (d) Heroin. (intro.) Heroin If the 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 manufactured, distributed or delivered is:

AB3-engrossed, s. 655 Section 655. 961.41 (1) (d) 1. of the statutes is amended to read:

AB3-engrossed,161,21 961.41 (1) (d) 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 22 years and 6 months is guilty of a Class F felony.

AB3-engrossed, s. 656 Section 656. 961.41 (1) (d) 2. of the statutes is amended to read:

AB3-engrossed,162,2 961.41 (1) (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 $250,000 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.

AB3-engrossed, s. 657 Section 657. 961.41 (1) (d) 3. of the statutes is amended to read:

AB3-engrossed,162,7 961.41 (1) (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.

AB3-engrossed, s. 658 Section 658. 961.41 (1) (d) 4. of the statutes is amended to read:

AB3-engrossed,162,12 961.41 (1) (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.

AB3-engrossed, s. 659 Section 659. 961.41 (1) (d) 5. of the statutes is repealed.

AB3-engrossed, s. 660 Section 660. 961.41 (1) (d) 6. of the statutes is repealed.

AB3-engrossed, s. 661 Section 661. 961.41 (1) (e) (intro.) of the statutes is amended to read:

AB3-engrossed,162,21 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine, and methcathinone. (intro.) Phencyclidine If the 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 manufactured, distributed, or delivered is:

AB3-engrossed, s. 662 Section 662. 961.41 (1) (e) 1. of the statutes is amended to read:

AB3-engrossed,162,25 961.41 (1) (e) 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.

AB3-engrossed, s. 663 Section 663. 961.41 (1) (e) 2. of the statutes is amended to read:

AB3-engrossed,163,5 961.41 (1) (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 $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.

AB3-engrossed, s. 664 Section 664. 961.41 (1) (e) 3. of the statutes is amended to read:

AB3-engrossed,163,10 961.41 (1) (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.

AB3-engrossed, s. 665 Section 665. 961.41 (1) (e) 4. of the statutes is amended to read:

AB3-engrossed,163,15 961.41 (1) (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.

AB3-engrossed, s. 666 Section 666. 961.41 (1) (e) 5. of the statutes is repealed.

AB3-engrossed, s. 667 Section 667. 961.41 (1) (e) 6. of the statutes is repealed.

AB3-engrossed, s. 668 Section 668. 961.41 (1) (em) of the statutes is repealed.

AB3-engrossed, s. 669 Section 669. 961.41 (1) (f) (intro.) of the statutes is amended to read:

AB3-engrossed,163,23 961.41 (1) (f) Lysergic acid diethylamide. (intro.) Lysergic If the 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 manufactured, distributed, or delivered is:

AB3-engrossed, s. 670 Section 670. 961.41 (1) (f) 1. of the statutes is amended to read:

AB3-engrossed,164,3 961.41 (1) (f) 1. One gram 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 G felony.

AB3-engrossed, s. 671 Section 671. 961.41 (1) (f) 2. of the statutes is amended to read:

AB3-engrossed,164,7 961.41 (1) (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 $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 F felony.

AB3-engrossed, s. 672 Section 672. 961.41 (1) (f) 3. of the statutes is amended to read:

AB3-engrossed,164,11 961.41 (1) (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.

AB3-engrossed, s. 673 Section 673. 961.41 (1) (g) (intro.) of the statutes is amended to read:

AB3-engrossed,164,16 961.41 (1) (g) Psilocin and psilocybin. (intro.) Psilocin If the 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 manufactured, distributed or delivered is:

AB3-engrossed, s. 674 Section 674. 961.41 (1) (g) 1. of the statutes is amended to read:

AB3-engrossed,164,20 961.41 (1) (g) 1. One hundred 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 G felony.

AB3-engrossed, s. 675 Section 675. 961.41 (1) (g) 2. of the statutes is amended to read:

AB3-engrossed,164,25 961.41 (1) (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 $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 F felony.

AB3-engrossed, s. 676 Section 676. 961.41 (1) (g) 3. of the statutes is amended to read:

AB3-engrossed,165,4 961.41 (1) (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.

AB3-engrossed, s. 677 Section 677. 961.41 (1) (h) (intro.) of the statutes is amended to read:

AB3-engrossed,165,10 961.41 (1) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If the 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 manufactured, distributed or delivered is:

AB3-engrossed, s. 678 Section 678. 961.41 (1) (h) 1. of the statutes is amended to read:

AB3-engrossed,165,15 961.41 (1) (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.

AB3-engrossed, s. 679 Section 679. 961.41 (1) (h) 2. of the statutes is amended to read:

AB3-engrossed,165,21 961.41 (1) (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.

AB3-engrossed, s. 680 Section 680. 961.41 (1) (h) 3. of the statutes is amended to read:

AB3-engrossed,166,2 961.41 (1) (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.

AB3-engrossed, s. 681 Section 681. 961.41 (1) (h) 4. of the statutes is created to read:

AB3-engrossed,166,6 961.41 (1) (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.

AB3-engrossed, s. 682 Section 682. 961.41 (1) (h) 5. of the statutes is created to read:

AB3-engrossed,166,9 961.41 (1) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

AB3-engrossed, s. 683 Section 683. 961.41 (1) (i) of the statutes is amended to read:

AB3-engrossed,166,14 961.41 (1) (i) Schedule IV drugs. 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.

AB3-engrossed, s. 684 Section 684. 961.41 (1) (im) of the statutes is repealed and recreated to read:

AB3-engrossed,166,17 961.41 (1) (im) Flunitrazepam. If a person violates this subsection with respect to flunitrazepam, the person is guilty of a Class G felony.

AB3-engrossed, s. 685 Section 685. 961.41 (1) (j) of the statutes is amended to read:

AB3-engrossed,166,21 961.41 (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.

AB3-engrossed, s. 686 Section 686. 961.41 (1m) (intro.) of the statutes is amended to read:

AB3-engrossed,167,7 961.41 (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:

AB3-engrossed, s. 687 Section 687. 961.41 (1m) (a) of the statutes is amended to read:

AB3-engrossed,167,14 961.41 (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.

AB3-engrossed, s. 688 Section 688. 961.41 (1m) (b) of the statutes is amended to read:

AB3-engrossed,167,21 961.41 (1m) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (h), 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.

AB3-engrossed, s. 689 Section 689. 961.41 (1m) (cm) (intro.) of the statutes is amended to read:

AB3-engrossed,168,2 961.41 (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:

AB3-engrossed, s. 690 Section 690. 961.41 (1m) (cm) 1. of the statutes is renumbered 961.41 (1m) (cm) 1r. and amended to read:

AB3-engrossed,168,7 961.41 (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.

AB3-engrossed, s. 691 Section 691. 961.41 (1m) (cm) 1g. of the statutes is created to read:

AB3-engrossed,168,9 961.41 (1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.