AB3: Bill Text Engrossed

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AB3-engrossed, s. 684 Section 684. 961.41 (1) (im) of the statutes is repealed and recreated to read: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

AB3-engrossed, s. 692 Section 692. 961.41 (1m) (cm) 2. of the statutes is amended to read:

AB3-engrossed,168,13 961.41 (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.

AB3-engrossed, s. 693 Section 693. 961.41 (1m) (cm) 3. of the statutes is amended to read:

AB3-engrossed,168,17 961.41 (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.

AB3-engrossed, s. 694 Section 694. 961.41 (1m) (cm) 4. of the statutes is amended to read:

AB3-engrossed,168,21 961.41 (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.

AB3-engrossed, s. 695 Section 695. 961.41 (1m) (cm) 5. of the statutes is repealed.

AB3-engrossed, s. 696 Section 696. 961.41 (1m) (d) (intro.) of the statutes is amended to read:

AB3-engrossed,169,2 961.41 (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:

AB3-engrossed, s. 697 Section 697. 961.41 (1m) (d) 1. of the statutes is amended to read:

AB3-engrossed,169,6 961.41 (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.

AB3-engrossed, s. 698 Section 698. 961.41 (1m) (d) 2. of the statutes is amended to read:

AB3-engrossed,169,11 961.41 (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.

AB3-engrossed, s. 699 Section 699. 961.41 (1m) (d) 3. of the statutes is amended to read:

AB3-engrossed,169,16 961.41 (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.

AB3-engrossed, s. 700 Section 700. 961.41 (1m) (d) 4. of the statutes is amended to read:

AB3-engrossed,169,21 961.41 (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.

AB3-engrossed, s. 701 Section 701. 961.41 (1m) (d) 5. of the statutes is repealed.

AB3-engrossed, s. 702 Section 702. 961.41 (1m) (d) 6. of the statutes is repealed.

AB3-engrossed, s. 703 Section 703. 961.41 (1m) (e) (intro.) of the statutes is amended to read:

AB3-engrossed,170,6 961.41 (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:

AB3-engrossed, s. 704 Section 704. 961.41 (1m) (e) 1. of the statutes is amended to read:

AB3-engrossed,170,10 961.41 (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.

AB3-engrossed, s. 705 Section 705. 961.41 (1m) (e) 2. of the statutes is amended to read:

AB3-engrossed,170,15 961.41 (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.

AB3-engrossed, s. 706 Section 706. 961.41 (1m) (e) 3. of the statutes is amended to read:

AB3-engrossed,170,20 961.41 (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.

AB3-engrossed, s. 707 Section 707. 961.41 (1m) (e) 4. of the statutes is amended to read:

AB3-engrossed,170,25 961.41 (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.

AB3-engrossed, s. 708 Section 708. 961.41 (1m) (e) 5. of the statutes is repealed.

AB3-engrossed, s. 709 Section 709. 961.41 (1m) (e) 6. of the statutes is repealed.

AB3-engrossed, s. 710 Section 710. 961.41 (1m) (em) of the statutes is repealed.

AB3-engrossed, s. 711 Section 711. 961.41 (1m) (f) (intro.) of the statutes is amended to read:

AB3-engrossed,171,8 961.41 (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:

AB3-engrossed, s. 712 Section 712. 961.41 (1m) (f) 1. of the statutes is amended to read:

AB3-engrossed,171,12 961.41 (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.

AB3-engrossed, s. 713 Section 713. 961.41 (1m) (f) 2. of the statutes is amended to read:

AB3-engrossed,171,17 961.41 (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.

AB3-engrossed, s. 714 Section 714. 961.41 (1m) (f) 3. of the statutes is amended to read:

AB3-engrossed,171,21 961.41 (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.

AB3-engrossed, s. 715 Section 715. 961.41 (1m) (g) (intro.) of the statutes is amended to read:

AB3-engrossed,172,2 961.41 (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:

AB3-engrossed, s. 716 Section 716. 961.41 (1m) (g) 1. of the statutes is amended to read:

AB3-engrossed,172,6 961.41 (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.

AB3-engrossed, s. 717 Section 717. 961.41 (1m) (g) 2. of the statutes is amended to read:

AB3-engrossed,172,11 961.41 (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.

AB3-engrossed, s. 718 Section 718. 961.41 (1m) (g) 3. of the statutes is amended to read:

AB3-engrossed,172,15 961.41 (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.

AB3-engrossed, s. 719 Section 719. 961.41 (1m) (h) (intro.) of the statutes is amended to read:

AB3-engrossed,172,21 961.41 (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:

AB3-engrossed, s. 720 Section 720. 961.41 (1m) (h) 1. of the statutes is amended to read:

AB3-engrossed,173,2 961.41 (1m) (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. 721 Section 721. 961.41 (1m) (h) 2. of the statutes is amended to read:

AB3-engrossed,173,8 961.41 (1m) (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. 722 Section 722. 961.41 (1m) (h) 3. of the statutes is amended to read:

AB3-engrossed,173,14 961.41 (1m) (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. 723 Section 723. 961.41 (1m) (h) 4. of the statutes is created to read:

AB3-engrossed,173,18 961.41 (1m) (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. 724 Section 724. 961.41 (1m) (h) 5. of the statutes is created to read:

AB3-engrossed,173,21 961.41 (1m) (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. 725 Section 725. 961.41 (1m) (i) of the statutes is amended to read:

AB3-engrossed,174,2 961.41 (1m) (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. 726 Section 726. 961.41 (1m) (im) of the statutes is repealed and recreated to read:

AB3-engrossed,174,5 961.41 (1m) (im) Flunitrazepam. If a person violates this subsection with respect to flunitrazepam, the person is guilty of a Class G felony.

AB3-engrossed, s. 727 Section 727. 961.41 (1m) (j) of the statutes is amended to read:

AB3-engrossed,174,9 961.41 (1m) (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. 728 Section 728. 961.41 (1n) (c) of the statutes is amended to read:

AB3-engrossed,174,12 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB3-engrossed, s. 729 Section 729. 961.41 (1q) of the statutes is amended to read:

AB3-engrossed,174,18 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1999 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

AB3-engrossed, s. 730 Section 730. 961.41 (1r) of the statutes is amended to read:

AB3-engrossed,175,4 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.