AB3-engrossed,171,85
961.41
(1m) (f)
Lysergic acid diethylamide. (intro.)
Lysergic If a person violates
6this subsection with respect to lysergic acid diethylamide or a controlled substance
7analog of lysergic acid diethylamide
is subject to the following penalties if and the
8amount possessed, with intent to manufacture, distribute or deliver, is:
AB3-engrossed,171,1210
961.41
(1m) (f) 1. One gram or less, the person
shall be fined not less than
11$1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and
126 months is guilty of a Class G felony.
AB3-engrossed,171,1714
961.41
(1m) (f) 2. More than one gram but not more than 5 grams, the person
15shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
16for not less than 6 months nor more than 7 years and 6 months
is guilty of a Class
17F felony.
AB3-engrossed,171,2119
961.41
(1m) (f) 3. More than 5 grams, the person
shall be fined not less than
20$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
21nor more than 22 years and 6 months is guilty of a Class E felony.
AB3-engrossed,172,223
961.41
(1m) (g)
Psilocin and psilocybin. (intro.)
Psilocin If a person violates
24this subsection with respect to psilocin or psilocybin, or a controlled substance analog
1of psilocin or psilocybin,
is subject to the following penalties if and the amount
2possessed, with intent to manufacture, distribute or deliver, is:
AB3-engrossed,172,64
961.41
(1m) (g) 1. One hundred grams or less, the person
shall be fined not less
5than $1,000 nor more than $100,000 and may be imprisoned for not more than 7
6years and 6 months is guilty of a Class G felony.
AB3-engrossed,172,118
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
9person
shall be fined not less than $1,000 nor more than $200,000 and shall be
10imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty
11of a Class F felony.
AB3-engrossed,172,1513
961.41
(1m) (g) 3. More than 500 grams, the person
shall be fined not less than
14$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
15nor more than 22 years and 6 months is guilty of a Class E felony.
AB3-engrossed,172,2117
961.41
(1m) (h)
Tetrahydrocannabinols. (intro.)
Tetrahydrocannabinols If a
18person violates this subsection with respect to tetrahydrocannabinols, included
19under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols,
is
20subject to the following penalties if and the amount possessed, with intent to
21manufacture, distribute
, or deliver, is:
AB3-engrossed,173,223
961.41
(1m) (h) 1.
Five Two hundred grams or less, or
10 4 or fewer plants
24containing tetrahydrocannabinols, the person
shall be fined not less than $500 nor
1more than $25,000 and may be imprisoned for not more than 4 years and 6 months 2is guilty of a Class I felony.
AB3-engrossed,173,84
961.41
(1m) (h) 2. More than
500
200 grams but not more than
2,500 1,000 5grams, or more than
10 4 plants containing tetrahydrocannabinols but not more than
650 20 plants containing tetrahydrocannabinols, the person
shall be fined not less
7than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3
8months nor more than 7 years and 6 months is guilty of a Class H felony.
AB3-engrossed,173,1410
961.41
(1m) (h) 3. More than
2,500
1,000 grams
but not more than 2,500 grams,
11or more than
50 20 plants containing tetrahydrocannabinols
but not more than 50
12plants containing tetrahydrocannabinols, the person
shall be fined not less than
13$1,000 nor more than $100,000 and shall be imprisoned for not less than one year
14nor more than 15 years is guilty of a Class G felony.
AB3-engrossed,173,1816
961.41
(1m) (h) 4. More than 2,500 grams but not more than 10,000 grams, or
17more than 50 plants containing tetrahydrocannabinols but not more than 200 plants
18containing tetrahydrocannabinols, the person is guilty of a Class F felony.
AB3-engrossed,173,2120
961.41
(1m) (h) 5. More than 10,000 grams, or more than 200 plants containing
21tetrahydrocannabinols, the person is guilty of a Class E felony.
AB3-engrossed,174,223
961.41
(1m) (i)
Schedule IV drugs. Except as provided in par. (im),
if a person
24violates this subsection with respect to a substance included in schedule IV,
may be
1fined not more than $10,000 or imprisoned for not more than 4 years and 6 months
2or both the person is guilty of a Class H felony.
AB3-engrossed,174,54
961.41
(1m) (im)
Flunitrazepam. If a person violates this subsection with
5respect to flunitrazepam, the person is guilty of a Class G felony.
AB3-engrossed,174,97
961.41
(1m) (j)
Schedule V drugs. A If a person violates this subsection with
8respect to a substance included in schedule V,
may be fined not more than $5,000 or
9imprisoned for not more than 2 years or both the person is guilty of a Class I felony.
AB3-engrossed,174,1211
961.41
(1n) (c) A person who violates par. (a) or (b)
may be fined not more than
12$250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
AB3-engrossed,174,1814
961.41
(1q) Penalty relating to tetrahydrocannabinols in certain cases. 15Under
s. 961.49 (2), 1999 stats., and subs. (1) (h) and (1m) (h)
and s. 961.49 (2), if
16different penalty provisions apply to a person depending on whether the weight of
17tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is
18considered, the greater penalty provision applies.
AB3-engrossed,175,420
961.41
(1r) Determining weight of substance. In determining amounts under
21s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m)
and s. 961.49 (2) (b), an amount
22includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid
23diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
24methcathinone or tetrahydrocannabinols or any controlled substance analog of any
25of these substances together with any compound, mixture, diluent, plant material
1or other substance mixed or combined with the controlled substance or controlled
2substance analog. In addition, in determining amounts under subs. (1) (h) and (1m)
3(h), the amount of tetrahydrocannabinols means anything included under s. 961.14
4(4) (t) and includes the weight of any marijuana.
AB3-engrossed,175,96
961.41
(2) Counterfeit substances. (intro.) Except as authorized by this
7chapter, it is unlawful for any person to create, manufacture, distribute, deliver or
8possess with intent to distribute or deliver, a counterfeit substance. Any person who
9violates this subsection
with respect to is subject to the following penalties:
AB3-engrossed,175,1511
961.41
(2) (a)
Counterfeit schedule I and II narcotic drugs. A If a person
12violates this subsection with respect to a counterfeit substance included in schedule
13I or II which is a narcotic drug,
may be fined not more than $25,000 or imprisoned
14for not more than 22 years and 6 months or both the person is guilty of a Class E
15felony.
AB3-engrossed,175,2117
961.41
(2) (b)
Counterfeit schedule I, II, III, and IV drugs. Any Except as
18provided in par. (cm),
if a person violates this subsection with respect to any other
19counterfeit substance included in schedule I, II
or, III
, or IV,
may be fined not more
20than $15,000 or imprisoned for not more than 7 years and 6 months or both the
21person is guilty of a Class H felony.
AB3-engrossed,176,224
961.41
(2) (cm)
Counterfeit flunitrazepam. A If a person violates this
25subsection with respect to a counterfeit substance which is flunitrazepam,
may be
1fined not more than $15,000 or imprisoned for not more than 7 years and 6 months
2or both the person is guilty of a Class G felony.
AB3-engrossed,176,74
961.41
(2) (d)
Counterfeit schedule V drugs. A If a person violates this
5subsection with respect to a counterfeit substance included in schedule V,
may be
6fined not more than $5,000 or imprisoned for not more than 2 years or both the person
7is guilty of a Class I felony.
AB3-engrossed, s. 737
8Section
737. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am)
9and amended to read:
AB3-engrossed,176,1710
961.41
(3g) (am)
Schedule I and II narcotic drugs. Except as provided in subd.
112., if the If a person possesses a controlled substance included in schedule I or II
12which is a narcotic drug, or possesses a controlled substance analog of a controlled
13substance included in schedule I or II which is a narcotic drug, the person
may, upon
14a first conviction, be fined not more than $5,000 or imprisoned for not more than 2
15years or both, and, for a 2nd or subsequent offense, the person may be fined not more
16than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I
17felony.
AB3-engrossed,177,221
961.41
(3g) (b)
Other drugs generally. Except as provided in pars. (c), (d),
(dm), 22(e) and (f), if the person possesses or attempts to possess a controlled substance or
23controlled substance analog, other than a controlled substance included in schedule
24I or II that is a narcotic drug or a controlled substance analog of a controlled
1substance included in schedule I or II that is a narcotic drug, the person is guilty of
2a misdemeanor, punishable under s. 939.61.
AB3-engrossed,177,134
961.41
(3g) (c)
Cocaine and cocaine base. If a person possess or attempts to
5possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
6base, the person shall be fined not more than $5,000 and may be imprisoned for not
7more than one year in the county jail
upon a first conviction and is guilty of a Class
8I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
9is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted of any felony or misdemeanor
11under this chapter or under any statute of the United States or of any state relating
12to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
13or depressant, stimulant, or hallucinogenic drugs.
AB3-engrossed,178,215
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
16possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
17amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, or a
18controlled substance analog of lysergic acid diethylamide, phencyclidine,
19amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, the person
20may be fined not more than $5,000 or imprisoned for not more than one year in the
21county jail or both
upon a first conviction and is guilty of a Class I felony for a 2nd
22or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
23or subsequent offense if, prior to the offender's conviction of the offense, the offender
24has at any time been convicted of any felony or misdemeanor under this chapter or
25under any statute of the United States or of any state relating to controlled
1substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
2stimulant, or hallucinogenic drugs.
AB3-engrossed,178,145
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
6possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
7substance analog of tetrahydrocannabinols, the person may be fined not more than
8$1,000 or imprisoned for not more than 6 months or both
upon a first conviction and
9is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
10paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
11offender's conviction of the offense, the offender has at any time been convicted of any
12felony or misdemeanor under this chapter or under any statute of the United States
13or of any state relating to controlled substances, controlled substance analogs,
14narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
AB3-engrossed,178,2016
961.41
(3g) (f)
Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine,
17or flunitrazepam. If a person possesses or attempts to possess
18gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
19the person
may be fined not more than $5,000 or imprisoned for not more than 2 years
20or both is guilty of a Class H felony.
AB3-engrossed,178,2422
961.41
(4) (am) 3. A person
convicted of violating who violates this paragraph
23may be fined not more than $5,000 or imprisoned for not more than 2 years or both 24is guilty of a Class I felony.
AB3-engrossed,179,2
1961.42
(2) Any person who violates this section
may be fined not more than
2$25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
AB3-engrossed,179,54
961.43
(2) Any person who violates this section
may be fined not more than
5$30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
AB3-engrossed,179,97
961.437
(4) (a) For a first offense, the person
shall be fined not less than $1,000
8nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both 9is guilty of a Class H felony.
AB3-engrossed,179,1311
961.437
(4) (b) For a 2nd or subsequent offense, the person
shall be fined not
12less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years
13or both is guilty of a Class F felony.
AB3-engrossed,179,1916
961.455
(1) Any person who has attained the age of 17 years who knowingly
17solicits, hires, directs, employs or uses a person who is
under the age of 17 years
of
18age or under for the purpose of violating s. 961.41 (1)
may be fined not more than
19$50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
AB3-engrossed,179,2321
961.455
(3) Solicitation under sub. (1) occurs in the manner described under
22s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s.
23939.30
or 948.35.
AB3-engrossed, s. 754
24Section
754. 961.46 (1) of the statutes is renumbered 961.46 and amended to
25read:
AB3-engrossed,180,9
1961.46 Distribution to persons under age 18.
Except as provided in sub.
2(3), any If a person 17 years of age or over
who violates s. 961.41 (1) by distributing
3or delivering a controlled substance
included in schedule I or II which is a narcotic
4drug or a controlled substance analog
of a controlled substance included in schedule
5I or II which is a narcotic drug to a person 17 years of age or under who is at least
63 years his or her junior
is punishable by the fine authorized by s. 961.41 (1) (a) or
7a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the
8applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
9offense may be increased by not more than 5 years.
