961.41(1)(e)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(e)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(e)4.
4. More than 50 grams, the person is guilty of a Class C felony.
961.41(1)(f)
(f)
Lysergic acid diethylamide. If the person violates this subsection with respect to lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide and the amount manufactured, distributed, or delivered is:
961.41(1)(f)1.
1. One gram or less, the person is guilty of a Class G felony.
961.41(1)(f)2.
2. More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
961.41(1)(f)3.
3. More than 5 grams, the person is guilty of a Class E felony.
961.41(1)(g)
(g)
Psilocin and psilocybin. If the person violates this subsection with respect to psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, and the amount manufactured, distributed or delivered is:
961.41(1)(g)1.
1. One hundred grams or less, the person is guilty of a Class G felony.
961.41(1)(g)2.
2. More than 100 grams but not more than 500 grams, the person is guilty of a Class F felony.
961.41(1)(g)3.
3. More than 500 grams, the person is guilty of a Class E felony.
961.41(1)(h)
(h)
Tetrahydrocannabinols. If the person violates this subsection with respect to tetrahydrocannabinols, included under
s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, and the amount manufactured, distributed or delivered is:
961.41(1)(h)1.
1. Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.
961.41(1)(h)2.
2. More than 200 grams but not more than 1,000 grams, or more than 4 plants containing tetrahydrocannabinols but not more than 20 plants containing tetrahydrocannabinols, the person is guilty of a Class H felony.
961.41(1)(h)3.
3. More than 1,000 grams but not more than 2,500 grams, or more than 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person is guilty of a Class G felony.
961.41(1)(h)4.
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.
961.41(1)(h)5.
5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.
961.41(1)(hm)
(hm)
Certain other schedule I controlled substances and ketamine. If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine and the amount manufactured, distributed, or delivered is:
961.41(1)(hm)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1)(hm)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(hm)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(hm)4.
4. More than 50 grams, the person is guilty of a Class C felony.
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.
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.
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.
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:
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.
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.
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.
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.
961.41(1m)(e)
(e)
Phencyclidine, amphetamine, methamphetamine, methcathinone, methylenedioxypyrovalerone, and 4-methylmethcathinone. If a person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, methcathinone, methylenedioxypyrovalerone, or 4-methylmethcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, methcathinone, methylenedioxypyrovalerone, or 4-methylmethcathinone, 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.
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.
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.
961.41(1m)(h)
(h)
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, and the amount possessed, with intent to manufacture, distribute, or deliver, is:
961.41(1m)(h)1.
1. Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.
961.41(1m)(h)2.
2. More than 200 grams but not more than 1,000 grams, or more than 4 plants containing tetrahydrocannabinols but not more than 20 plants containing tetrahydrocannabinols, the person is guilty of a Class H felony.
961.41(1m)(h)3.
3. More than 1,000 grams but not more than 2,500 grams, or more than 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person is guilty of a Class G felony.
961.41(1m)(h)4.
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.
961.41(1m)(h)5.
5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.
961.41(1m)(hm)
(hm)
Certain other schedule I controlled substances and ketamine. If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:
961.41(1m)(hm)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1m)(hm)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1m)(hm)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1m)(hm)4.
4. More than 50 grams, the person is guilty of a Class C felony.
961.41(1m)(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.
961.41(1m)(im)
(im)
Flunitrazepam. If a person violates this subsection with respect to flunitrazepam and the amount possessed, with intent to manufacture, distribute, or deliver, is:
961.41(1m)(im)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1m)(im)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1m)(im)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1m)(im)4.
4. More than 50 grams, the person is guilty of a Class C felony.
961.41(1m)(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.
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(1q)
(1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s.
961.49 (2), 1999 stats., and
subs. (1) (h) and
(1m) (h), 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 s.
961.49 (2) (b), 1999 stats., and
subs. (1) and
(1m), 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 is subject to the following penalties:
961.41(2)(a)
(a)
Counterfeit schedule I and II narcotic drugs. If a person violates this subsection with respect to a counterfeit substance included in schedule I or II which is a narcotic drug, the person is guilty of a Class E felony.
961.41(2)(b)
(b)
Counterfeit schedule I, II, III, and IV drugs. Except as provided in
pars. (bm) and
(cm), if a person violates this subsection with respect to any other counterfeit substance included in schedule I, II, III, or IV, the person is guilty of a Class H felony.
961.41(2)(bm)
(bm)
Counterfeit of phencyclidine and certain other drugs. If a person violates this subsection with respect to a counterfeit substance that is a counterfeit of phencyclidine, methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or ketamine, the person is subject to the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under
sub. (1) or
(1m).
961.41(2)(cm)
(cm)
Counterfeit flunitrazepam. If a person violates this subsection with respect to a counterfeit substance that is flunitrazepam, the person is subject to the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under
sub. (1) or
(1m).
961.41(2)(d)
(d)
Counterfeit schedule V drugs. If a person violates this subsection with respect to a counterfeit substance included in schedule V, the person is guilty of a Class I felony.
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:
961.41(3g)(am)
(am)
Schedule I and II narcotic drugs. If a person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses 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 I felony.
