961.41 Note
6. 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 10 years nor more than 45 years.
961.41(1)(i)
(i)
Schedule IV drugs generally. Except as provided in
par. (im), if a person violates this subsection with respect to a substance included in schedule IV, the person is guilty of a Class H felony.
Effective date note
NOTE: Par. (i) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(i) Except as provided in par. (im), 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.
961.41(1)(im)
(im)
Flunitrazepam. If a person violates this subsection with respect to flunitrazepam and the amount manufactured, distributed, or delivered is:
961.41(1)(im)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1)(im)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(im)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(im)4.
4. More than 50 grams, the person is guilty of a Class C felony.
Effective date note
NOTE: Par. (im) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(im) Flunitrazepam is subject to the following penalties if the amount manufactured, distributed, or delivered is:
961.41 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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 22 years and 6 months.
961.41 Note
6. 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 10 years nor more than 45 years.
961.41(1)(j)
(j)
Schedule V drugs. If a person violates this subsection with respect to a substance included in schedule V, the person is guilty of a Class I felony.
Effective date note
NOTE: Par. (j) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years 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 is subject to the following penalties:
Effective date note
NOTE: Sub. (1m) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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)
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, the person is guilty of a Class E felony.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 22 years and 6 months or both.
961.41(1m)(b)
(b)
Schedule I, II, and III nonnarcotic drugs generally. Except as provided in
pars. (cm) and
(e) to
(hm), 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, the person is guilty of a Class H felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Except as provided in pars. (cm) and (e) to (hm), 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.
961.41(1m)(cm)
(cm)
Cocaine and cocaine base. If a person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, and the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(cm)1r.
1r. More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
961.41(1m)(cm)2.
2. More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony.
961.41(1m)(cm)3.
3. More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony.
961.41(1m)(cm)4.
4. More than 40 grams, the person is guilty of a Class C felony.
Effective date note
NOTE: Par. (cm) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 Note
1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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 45 years.
961.41(1m)(d)
(d)
Heroin. If a person violates this subsection with respect to heroin or a controlled substance analog of heroin and the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(d)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1m)(d)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1m)(d)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1m)(d)4.
4. More than 50 grams, the person is guilty of a Class C felony.
Effective date note
NOTE: Par. (d) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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 22 years and 6 months.
961.41 Note
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 45 years.
961.41(1m)(e)
(e)
Phencyclidine, amphetamine, methamphetamine, and methcathinone. 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, and the amount possessed, with intent to manufacture, distribute, or deliver, is:
961.41(1m)(e)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1m)(e)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1m)(e)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1m)(e)4.
4. More than 50 grams, the person is guilty of a Class C felony.
Effective date note
NOTE: Par. (e) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(e) Phencyclidine, amphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine or methcathinone, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41 Note
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 22 years and 6 months.
961.41 Note
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 45 years.
961.41(1m)(em)
(em) Methamphetamine or a controlled substance analog of methamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(em)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 22 years and 6 months.
961.41(1m)(em)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 22 years and 6 months.
961.41(1m)(em)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 22 years and 6 months.
961.41(1m)(em)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 22 years and 6 months.
961.41(1m)(em)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 22 years and 6 months.
961.41(1m)(em)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 45 years.
961.41(1m)(f)
(f)
Lysergic acid diethylamide. If a person violates this subsection with respect to lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide and the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(f)1.
1. One gram or less, the person is guilty of a Class G felony.
961.41(1m)(f)2.
2. More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
961.41(1m)(f)3.
3. More than 5 grams, the person is guilty of a Class E felony.
Effective date note
NOTE: Par. (f) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 Note
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.
961.41 Note
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.
961.41 Note
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.
961.41(1m)(g)
(g)
Psilocin and psilocybin. If a person violates this subsection with respect to psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, and the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(g)1.
1. One hundred grams or less, the person is guilty of a Class G felony.
961.41(1m)(g)2.
2. More than 100 grams but not more than 500 grams, the person is guilty of a Class F felony.
961.41(1m)(g)3.
3. More than 500 grams, the person is guilty of a Class E felony.
