AB3-engrossed,161,2119
961.41
(1) (d) 1. Three grams or less, the person
shall be fined not less than
20$1,000 nor more than $200,000 and may be imprisoned for not more than 22 years
21and 6 months is guilty of a Class F felony.
AB3-engrossed,162,223
961.41
(1) (d) 2. More than 3 grams but not more than 10 grams, the person
24shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
1for not less than 6 months nor more than 22 years and 6 months is guilty of a Class
2E felony.
AB3-engrossed,162,74
961.41
(1) (d) 3. More than 10 grams but not more than 50 grams, the person
5shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
6for not less than one year nor more than 22 years and 6 months
is guilty of a Class
7D felony.
AB3-engrossed,162,129
961.41
(1) (d) 4. More than 50 grams
but not more than 200 grams, the person
10shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
11for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
12felony.
AB3-engrossed,162,2116
961.41
(1) (e)
Phencyclidine, amphetamine, methamphetamine, and
17methcathinone. (intro.)
Phencyclidine If the person violates this subsection with
18respect to phencyclidine, amphetamine
, methamphetamine, or methcathinone, or a
19controlled substance analog of phencyclidine, amphetamine,
methamphetamine, or
20methcathinone,
is subject to the following penalties if and the amount
21manufactured, distributed
, or delivered is:
AB3-engrossed,162,2523
961.41
(1) (e) 1. Three grams or less, the person
shall be fined not less than
24$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
256 months is guilty of a Class F felony.
AB3-engrossed,163,52
961.41
(1) (e) 2. More than 3 grams but not more than 10 grams, the person
3shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
4for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
5E felony.
AB3-engrossed,163,107
961.41
(1) (e) 3. More than 10 grams but not more than 50 grams, the person
8shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
9for not less than one year nor more than 22 years and 6 months
is guilty of a Class
10D felony.
AB3-engrossed,163,1512
961.41
(1) (e) 4. More than 50 grams
but not more than 200 grams, the person
13shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
14for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
15felony.
AB3-engrossed,163,2320
961.41
(1) (f)
Lysergic acid diethylamide. (intro.)
Lysergic If the person violates
21this subsection with respect to lysergic acid diethylamide or a controlled substance
22analog of lysergic acid diethylamide
is subject to the following penalties if and the
23amount manufactured, distributed
, or delivered is:
AB3-engrossed,164,3
1961.41
(1) (f) 1. One gram or less, the person
shall be fined not less than $1,000
2nor more than $200,000 and may be imprisoned for not more than 7 years and 6
3months is guilty of a Class G felony.
AB3-engrossed,164,75
961.41
(1) (f) 2. More than one gram but not more than 5 grams, the person
shall
6be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not
7less than 6 months nor more than 7 years and 6 months is guilty of a Class F felony.
AB3-engrossed,164,119
961.41
(1) (f) 3. More than 5 grams, the person
shall be fined not less than
10$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
11nor more than 22 years and 6 months is guilty of a Class E felony.
AB3-engrossed,164,1613
961.41
(1) (g)
Psilocin and psilocybin. (intro.)
Psilocin If the person violates
14this subsection with respect to psilocin or psilocybin, or a controlled substance analog
15of psilocin or psilocybin,
is subject to the following penalties if and the amount
16manufactured, distributed or delivered is:
AB3-engrossed,164,2018
961.41
(1) (g) 1. One hundred grams or less, the person
shall be fined not less
19than $1,000 nor more than $200,000 and may be imprisoned for not more than 7
20years and 6 months is guilty of a Class G felony.
AB3-engrossed,164,2522
961.41
(1) (g) 2. More than 100 grams but not more than 500 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
25F felony.
AB3-engrossed,165,42
961.41
(1) (g) 3. More than 500 grams, the person
shall be fined not less than
3$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
4nor more than 22 years and 6 months is guilty of a Class E felony.
AB3-engrossed,165,106
961.41
(1) (h)
Tetrahydrocannabinols. (intro.)
Tetrahydrocannabinols If the
7person violates this subsection with respect to tetrahydrocannabinols, included
8under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols,
is
9subject to the following penalties if and the amount manufactured, distributed or
10delivered is:
AB3-engrossed,165,1512
961.41
(1) (h) 1.
Five Two hundred grams or less, or
10 4 or fewer plants
13containing tetrahydrocannabinols, the person
shall be fined not less than $500 nor
14more than $25,000 and may be imprisoned for not more than 4 years and 6 months 15is guilty of a Class I felony.
AB3-engrossed,165,2117
961.41
(1) (h) 2. More than
500 200 grams but not more than
2,500 1,000 grams,
18or more than
10 4 plants containing tetrahydrocannabinols but not more than
50 20 19plants containing tetrahydrocannabinols, the person
shall be fined not less than
20$1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor
21more than 7 years and 6 months is guilty of a Class H felony.
AB3-engrossed,166,223
961.41
(1) (h) 3. More than
2,500
1,000 grams
but not more than 2,500 grams,
24or more than
50 20 plants containing tetrahydrocannabinols
but not more than 50
25plants containing tetrahydrocannabinols, the person
shall be fined not less than
1$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
2nor more than 15 years is guilty of a Class G felony.
AB3-engrossed,166,64
961.41
(1) (h) 4. More than 2,500 grams but not more than 10,000 grams, or
5more than 50 plants containing tetrahydrocannabinols but not more than 200 plants
6containing tetrahydrocannabinols, the person is guilty of a Class F felony.
AB3-engrossed,166,98
961.41
(1) (h) 5. More than 10,000 grams, or more than 200 plants containing
9tetrahydrocannabinols, the person is guilty of a Class E felony.
AB3-engrossed,166,1411
961.41
(1) (i)
Schedule IV drugs. Except as provided in par. (im),
if a person
12violates this subsection with respect to a substance included in schedule IV,
may be
13fined not more than $10,000 or imprisoned for not more than 4 years and 6 months
14or both the person is guilty of a Class H felony.
AB3-engrossed,166,1716
961.41
(1) (im)
Flunitrazepam. If a person violates this subsection with respect
17to flunitrazepam, the person is guilty of a Class G felony.
AB3-engrossed,166,2119
961.41
(1) (j)
Schedule V drugs. A If a person violates this subsection with
20respect to a substance included in schedule V,
may be fined not more than $5,000 or
21imprisoned for not more than 2 years or both the person is guilty of a Class I felony.
AB3-engrossed,167,723
961.41
(1m) Possession with intent to manufacture, distribute or deliver. 24(intro.) Except as authorized by this chapter, it is unlawful for any person to possess,
25with intent to manufacture, distribute or deliver, a controlled substance or a
1controlled substance analog. Intent under this subsection may be demonstrated by,
2without limitation because of enumeration, evidence of the quantity and monetary
3value of the substances possessed, the possession of manufacturing implements or
4paraphernalia, and the activities or statements of the person in possession of the
5controlled substance or a controlled substance analog prior to and after the alleged
6violation. Any person who violates this subsection
with respect to is subject to the
7following penalties:
AB3-engrossed,167,149
961.41
(1m) (a)
Schedule I and II narcotic drugs generally. Except as provided
10in par. (d),
if a person violates this subsection with respect to a controlled substance
11included in schedule I or II which is a narcotic drug or a controlled substance analog
12of a controlled substance included in schedule I or II which is a narcotic drug,
may
13be fined not more than $25,000 or imprisoned for not more than 22 years and 6
14months or both the person is guilty of a Class E felony.
AB3-engrossed,167,2116
961.41
(1m) (b)
Schedule I, II, and III nonnarcotic drugs generally. Except as
17provided in pars. (cm) and (e) to (h),
if a person violates this subsection with respect
18to any other controlled substance included in schedule I, II
, or III, or a controlled
19substance analog of any other controlled substance included in schedule I or II,
may
20be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months
21or both the person is guilty of a Class H felony.
AB3-engrossed,168,223
961.41
(1m) (cm)
Cocaine and cocaine base. (intro.)
Cocaine If a person violates
24this subsection with respect to cocaine or cocaine base, or a controlled substance
1analog of cocaine or cocaine base,
is subject to the following penalties if and the
2amount possessed, with intent to manufacture, distribute or deliver, is:
AB3-engrossed, s. 690
3Section
690. 961.41 (1m) (cm) 1. of the statutes is renumbered 961.41 (1m)
4(cm) 1r. and amended to read:
AB3-engrossed,168,75
961.41
(1m) (cm) 1r.
Five grams or less More than one gram but not more than
65 grams, the person
shall be fined not more than $500,000 and may be imprisoned
7for not more than 15 years is guilty of a Class F felony.
AB3-engrossed,168,99
961.41
(1m) (cm) 1g. One gram or less, the person is guilty of a Class G felony.
AB3-engrossed,168,1311
961.41
(1m) (cm) 2. More than 5 grams but not more than 15 grams, the person
12shall be fined not more than $500,000 and shall be imprisoned for not less than one
13year nor more than 22 years and 6 months is guilty of a Class E felony.
AB3-engrossed,168,1715
961.41
(1m) (cm) 3. More than 15 grams but not more than 40 grams, the
16person
shall be fined not more than $500,000 and shall be imprisoned for not less
17than 3 years nor more than 30 years is guilty of a Class D felony.
AB3-engrossed,168,2119
961.41
(1m) (cm) 4. More than 40 grams
but not more than 100 grams, the
20person
shall be fined not more than $500,000 and shall be imprisoned for not less
21than 5 years nor more than 45 years is guilty of a Class C felony.
AB3-engrossed,169,224
961.41
(1m) (d)
Heroin. (intro.)
Heroin If a person violates this subsection with
25respect to heroin or a controlled substance analog of heroin
is subject to the following
1penalties if and the amount possessed, with intent to manufacture, distribute or
2deliver, is:
AB3-engrossed,169,64
961.41
(1m) (d) 1. Three grams or less, the person
shall be fined not less than
5$1,000 nor more than $100,000 and may be imprisoned for not more than 22 years
6and 6 months is guilty of a Class F felony.
AB3-engrossed,169,118
961.41
(1m) (d) 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 22 years and 6 months
is guilty of a Class
11E felony.
AB3-engrossed,169,1613
961.41
(1m) (d) 3. More than 10 grams but not more than 50 grams, the person
14shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
15for not less than one year nor more than 22 years and 6 months
is guilty of a Class
16D felony.
AB3-engrossed,169,2118
961.41
(1m) (d) 4. More than 50 grams
but not more than 200 grams, the person
19shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
20for not less than 3 years nor more than 22 years and 6 months
is guilty of a Class C
21felony.
