AB3-ASA1,165,22 961.41 (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-ASA1, s. 736 Section 736. 961.41 (1m) (h) 4. of the statutes is created to read:

AB3-ASA1,166,3 961.41 (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-ASA1, s. 737 Section 737. 961.41 (1m) (h) 5. of the statutes is created to read:

AB3-ASA1,166,6 961.41 (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-ASA1, s. 738 Section 738. 961.41 (1m) (i) of the statutes is amended to read:

AB3-ASA1,166,11 961.41 (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AB3-ASA1, s. 739 Section 739. 961.41 (1m) (im) of the statutes is repealed and recreated to read:

AB3-ASA1,166,14 961.41 (1m) (im) Flunitrazepam. If a person violates this subsection with respect to flunitrazepam, the person is guilty of a Class G felony.

AB3-ASA1, s. 740 Section 740. 961.41 (1m) (j) of the statutes is amended to read:

AB3-ASA1,166,18 961.41 (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-ASA1, s. 741 Section 741. 961.41 (1n) (c) of the statutes is amended to read:

AB3-ASA1,166,21 961.41 (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-ASA1, s. 742 Section 742. 961.41 (1q) of the statutes is amended to read:

AB3-ASA1,167,2 961.41 (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-ASA1, s. 743 Section 743. 961.41 (1r) of the statutes is amended to read:

AB3-ASA1,167,13 961.41 (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.

AB3-ASA1, s. 744 Section 744. 961.41 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,167,18 961.41 (2) Counterfeit substances. (intro.) 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 is subject to the following penalties:

AB3-ASA1, s. 745 Section 745. 961.41 (2) (a) of the statutes is amended to read:

AB3-ASA1,167,24 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to 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 22 years and 6 months or both the person is guilty of a Class E felony.

AB3-ASA1, s. 746 Section 746. 961.41 (2) (b) of the statutes is amended to read:

AB3-ASA1,168,5 961.41 (2) (b) Counterfeit schedule I, II, III, and IV drugs. Any Except as provided in par. (cm), if a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III, or IV, 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-ASA1, s. 747 Section 747. 961.41 (2) (c) of the statutes is repealed.

AB3-ASA1, s. 748 Section 748. 961.41 (2) (cm) of the statutes is amended to read:

AB3-ASA1,168,11 961.41 (2) (cm) Counterfeit flunitrazepam. A If a person violates this subsection with respect to a counterfeit substance which is flunitrazepam, 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 G felony.

AB3-ASA1, s. 749 Section 749. 961.41 (2) (d) of the statutes is amended to read:

AB3-ASA1,168,16 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit 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-ASA1, s. 750 Section 750. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am) and amended to read: