961.41
961.41
Prohibited acts A—penalties. 961.41(1)
(1)
Manufacture, distribution or delivery. 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:
961.41(1)(a)
(a) Except as provided in
par. (d), 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 15 years or both.
961.41(1)(b)
(b) Except as provided in
pars. (cm) and
(e) to
(h), 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 5 years or both.
961.41(1)(cm)
(cm) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(cm)1.
1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 years.
961.41(1)(cm)2.
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 15 years.
961.41(1)(cm)3.
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 20 years.
961.41(1)(cm)4.
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 30 years.
961.41(1)(cm)5.
5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
961.41(1)(d)
(d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(d)1.
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 15 years.
961.41(1)(d)2.
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 15 years.
961.41(1)(d)3.
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 15 years.
961.41(1)(d)4.
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 15 years.
961.41(1)(d)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.
961.41(1)(d)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
961.41(1)(e)
(e) Phencyclidine, amphetamine, methamphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(e)1.
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 5 years.
961.41(1)(e)2.
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 5 years.
961.41(1)(e)3.
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 15 years.
961.41(1)(e)4.
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 15 years.
961.41(1)(e)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.
961.41(1)(e)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
961.41(1)(f)
(f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(f)1.
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 5 years.
961.41(1)(f)2.
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 5 years.
961.41(1)(f)3.
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 15 years.
961.41(1)(g)
(g) Psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(g)1.
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 5 years.
961.41(1)(g)2.
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 5 years.
961.41(1)(g)3.
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 15 years.
961.41(1)(h)
(h) Tetrahydrocannabinols, included under
s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(h)1.
1. Five hundred grams or less, or 10 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 3 years.
961.41(1)(h)2.
2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 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 5 years.
961.41(1)(h)3.
3. More than 2,500 grams, or 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 10 years.
961.41(1)(i)
(i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.
961.41(1)(j)
(j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.
961.41(1m)
(1m) Possession with intent to manufacture, distribute or deliver. 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:
961.41(1m)(a)
(a) Except as provided in
par. (d), 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 15 years or both.
961.41(1m)(b)
(b) Except as provided in
pars. (cm) and
(e) to
(h), 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 5 years or both.
961.41(1m)(cm)
(cm) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(cm)1.
1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 years.
961.41(1m)(cm)2.
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 15 years.
961.41(1m)(cm)3.
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 20 years.
961.41(1m)(cm)4.
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 30 years.
961.41(1m)(cm)5.
5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
961.41(1m)(d)
(d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(d)1.
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 15 years.
961.41(1m)(d)2.
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 15 years.
961.41(1m)(d)3.
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 15 years.
961.41(1m)(d)4.
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 15 years.
961.41(1m)(d)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.
961.41(1m)(d)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
961.41(1m)(e)
(e) Phencyclidine, amphetamine, methamphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(e)1.
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 5 years.
961.41(1m)(e)2.
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 5 years.
961.41(1m)(e)3.
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 15 years.
961.41(1m)(e)4.
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 15 years.
961.41(1m)(e)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 years.
961.41(1m)(e)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
961.41(1m)(f)
(f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(f)1.
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 5 years.
961.41(1m)(f)2.
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 5 years.
961.41(1m)(f)3.
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 15 years.
961.41(1m)(g)
(g) Psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(g)1.
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 5 years.
961.41(1m)(g)2.
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 5 years.
961.41(1m)(g)3.
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 15 years.
961.41(1m)(h)
(h) Tetrahydrocannabinols, included under
s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(h)1.
1. Five hundred grams or less, or 10 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 3 years.
961.41(1m)(h)2.
2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 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 5 years.
961.41(1m)(h)3.
3. More than 2,500 grams, or 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 10 years.
961.41(1m)(i)
(i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.
961.41(1m)(j)
(j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.
961.41(1n)(a)(a) No person may possess any quantity of piperidine or its salts with the intent to use the piperidine or its salts to manufacture a controlled substance or controlled substance analog in violation of this chapter.
961.41(1n)(b)
(b) No person may possess any quantity of piperidine or its salts if he or she knows or has reason to know that the piperidine or its salts will be used to manufacture a controlled substance or controlled substance analog in violation of this chapter.
961.41(1n)(c)
(c) A person who violates
par. (a) or
(b) may be fined not more than $250,000 or imprisoned for not more than 10 years or both.
961.41(1q)
(1q) Penalty relating to tetrahydrocannabinols in certain cases. Under
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.
961.41(1r)
(1r) Determining weight of substance. In determining amounts under
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.
961.41(2)
(2) Counterfeit substances. Except as authorized by this chapter, it is unlawful for any person to create, manufacture, distribute, deliver or possess with intent to distribute or deliver, a counterfeit substance. Any person who violates this subsection with respect to:
961.41(2)(a)
(a) A counterfeit 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 15 years or both.
961.41(2)(b)
(b) Any other counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.
961.41(2)(c)
(c) A counterfeit substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.
961.41(2)(d)
(d) A counterfeit substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year or both.
961.41(3g)
(3g) Possession. No person may possess or attempt to possess a controlled substance or a controlled substance analog unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by this chapter to possess the substance or the analog. Any person who violates this subsection is subject to the following penalties:
