|
1g. One gram or less,
the person is guilty of a Class G felony.
1r. More than one gram
but not more than 5 grams, the person is guilty of a
Class F felony.
2. More than 5 grams
but not more than 15 grams, the person is guilty of
a Class E felony.
3. More than 15 grams
but not more than 40 grams, the person is guilty of
a Class D felony.
4. More than 40 grams,
the person is guilty of a Class C felony.
(d) Heroin. If
the person violates this subsection with respect to
heroin or a controlled substance analog of heroin
and the amount manufactured, distributed or
delivered is:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(e) Phencyclidine,
amphetamine, methamphetamine, and methcathinone.
If the 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 manufactured,
distributed, or delivered is:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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:
1. One gram or less,
the person is guilty of a Class G felony.
2. More than one gram
but not more than 5 grams, the person is guilty of a
Class F felony.
3. More than 5 grams,
the person is guilty of a Class E felony.
(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:
1. One hundred grams
or less, the person is guilty of a Class G felony.
2. More than 100 grams
but not more than 500 grams, the person is guilty of
a Class F felony.
3. More than 500
grams, the person is guilty of a Class E felony.
(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:
1. Two hundred grams
or less, or 4 or fewer plants containing
tetrahydrocannabinols, the person is guilty of a
Class I felony.
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.
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.
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.
5. More than 10,000
grams, or more than 200 plants containing
tetrahydrocannabinols, the person is guilty of a
Class E felony.
(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:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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.
(im) Flunitrazepam.
If a person violates this subsection with respect to
flunitrazepam and the amount manufactured,
distributed, or delivered is:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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.
(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:
(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.
(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.
(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:
1g. One gram or less,
the person is guilty of a Class G felony.
1r. More than one gram
but not more than 5 grams, the person is guilty of a
Class F felony.
2. More than 5 grams
but not more than 15 grams, the person is guilty of
a Class E felony.
3. More than 15 grams
but not more than 40 grams, the person is guilty of
a Class D felony.
4. More than 40 grams,
the person is guilty of a Class C felony.
(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:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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:
1. One gram or less,
the person is guilty of a Class G felony.
2. More than one gram
but not more than 5 grams, the person is guilty of a
Class F felony.
3. More than 5 grams,
the person is guilty of a Class E felony.
(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:
1. One hundred grams
or less, the person is guilty of a Class G felony.
2. More than 100 grams
but not more than 500 grams, the person is guilty of
a Class F felony.
3. More than 500
grams, the person is guilty of a Class E felony.
(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:
1. Two hundred grams
or less, or 4 or fewer plants containing
tetrahydrocannabinols, the person is guilty of a
Class I felony.
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.
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.
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.
5. More than 10,000
grams, or more than 200 plants containing
tetrahydrocannabinols, the person is guilty of a
Class E felony.
(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-methylene-dioxymethamphetamine
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:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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.
(im) Flunitrazepam.
If a person violates this subsection with respect to
flunitrazepam and the amount possessed, with intent
to manufacture, distribute, or deliver, is:
1. Three grams or
less, the person is guilty of a Class F felony.
2. More than 3 grams
but not more than 10 grams, the person is guilty of
a Class E felony.
3. More than 10 grams
but not more than 50 grams, the person is guilty of
a Class D felony.
4. More than 50 grams,
the person is guilty of a Class C felony.
(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.
(1n)
Piperidine possession.
(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.
(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.
(c) A person who
violates par. (a) or (b) is guilty of a Class F
felony.
(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.
(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.
(1x)
Conspiracy.
Any person who conspires, as specified in s. 939.31,
to commit a crime under sub. (1)(cm) to (h) or
(1m)(cm) to (h) is subject to the applicable
penalties under sub. (1)(cm) to (h) or (1m)(cm) to
(h).
(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:
(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.
(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.
(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).
(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).
(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.
(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:
(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.
(b) Other drugs
generally. Except as provided in pars. (c) to
(g), if the person possesses or attempts to possess
a controlled substance or controlled substance
analog, other than a controlled substance included
in schedule I or II that is a narcotic drug or a
controlled substance analog of a controlled
substance included in schedule I or II that is a
narcotic drug, the person is guilty of a
misdemeanor, punishable under s. 939.61.
(c) Cocaine and
cocaine base. If a person possess or attempts to
possess cocaine or cocaine base, or a controlled
substance analog of cocaine or cocaine base, the
person shall be fined not more than $5,000 and may
be imprisoned for not more than one year in the
county jail upon a first conviction and is guilty of
a Class I felony for a 2nd or subsequent offense.
For purposes of this paragraph, an offense is
considered a 2nd or subsequent offense if, prior to
the offender's conviction of the offense, the
offender has at any time been convicted of any
felony or misdemeanor under this chapter or under
any statute of the United States or of any state
relating to controlled substances, controlled
substance analogs, narcotic drugs, marijuana, or
depressant, stimulant, or hallucinogenic drugs.
(d) Certain
hallucinogenic and stimulant drugs. If a person
possesses or attempts to possess lysergic acid
diethylamide, phencyclidine, amphetamine,
methcathinone, psilocin or psilocybin, or a
controlled substance analog of lysergic acid
diethylamide, phencyclidine, amphetamine,
methcathinone, psilocin or psilocybin, the person
may be fined not more than $5,000 or imprisoned for
not more than one year in the county jail or both
upon a first conviction and is guilty of a Class I
felony for a 2nd or subsequent offense. For purposes
of this paragraph, an offense is considered a 2nd or
subsequent offense if, prior to the offender's
conviction of the offense, the offender has at any
time been convicted of any felony or misdemeanor
under this chapter or under any statute of the
United States or of any state relating to controlled
substances, controlled substance analogs, narcotic
drugs, marijuana, or depressant, stimulant, or
hallucinogenic drugs.
(e)
Tetrahydrocannabinols. If a person possesses or
attempts to possess tetrahydrocannabinols included
under s. 961.14(4)(t), or a controlled substance
analog of tetrahydrocannabinols, the person may be
fined not more than $1,000 or imprisoned for not
more than 6 months or both upon a first conviction
and is guilty of a Class I felony for a 2nd or
subsequent offense. For purposes of this paragraph,
an offense is considered a 2nd or subsequent offense
if, prior to the offender's conviction of the
offense, the offender has at any time been convicted
of any felony or misdemeanor under this chapter or
under any statute of the United States or of any
state relating to controlled substances, controlled
substance analogs, narcotic drugs, marijuana, or
depressant, stimulant, or hallucinogenic drugs.
(f) Gamma-hydroxybutyric
acid, gamma-butyrolactone, 1, 4-butanediol, ketamine,
or flunitrazepam. If a person possesses or
attempts to possess gamma-hydroxybutyric acid,
gamma-butyrolactone, 1, 4-butanediol, ketamine or
flunitrazepam, the person is guilty of a Class H
felony.
(g)
Methamphetamine. If a person possesses or
attempts to possess methamphetamine or a controlled
substance analog of methamphetamine, the person is
guilty of a Class I felony.
(3j)
Purchases of pseudoephedrine products.
Whoever purchases more than 7.5 grams of
pseudoephedrine contained in a pseudoephedrine
product within a 30-day period, other than by
purchasing the product in person from a pharmacy or
pharmacist, is guilty of a Class I felony. This
subsection does not apply to a purchase by a
physician, dentist, veterinarian, or pharmacist or a
purchase that is authorized by a physician, dentist,
or veterinarian.
(4)
Imitation controlled substances.
(am)1. No person may knowingly distribute or
deliver, attempt to distribute or deliver or cause
to be distributed or delivered a noncontrolled
substance and expressly or impliedly represent any
of the following to the recipient:
a. That the substance
is a controlled substance.
b. That the substance
is of a nature, appearance or effect that will allow
the recipient to display, sell, distribute, deliver
or use the noncontrolled substance as a controlled
substance, if the representation is made under
circumstances in which the person has reasonable
cause to believe that the noncontrolled substance
will be used or distributed for use as a controlled
substance.
2. Proof of any of the
following is prima facie evidence of a
representation specified in subd. 1.a. or b.:
a. The physical
appearance of the finished product containing the
substance is substantially the same as that of a
specific controlled substance.
b. The substance is
unpackaged or is packaged in a manner normally used
for the illegal delivery of a controlled substance.
c. The substance is
not labeled in accordance with 21 USC 352 or 353.
d. The person
distributing or delivering, attempting to distribute
or deliver or causing distribution or delivery of
the substance to be made states to the recipient
that the substance may be resold at a price that
substantially exceeds the value of the substance.
3. A person who
violates this paragraph is guilty of a Class I
felony.
(bm) It is unlawful
for any person to agree, consent or offer to
lawfully manufacture, deliver, distribute or
dispense any controlled substance to any person, or
to offer, arrange or negotiate to have any
controlled substance unlawfully manufactured,
delivered, distributed or dispensed, and then
manufacture, deliver, distribute or dispense or
offer, arrange or negotiate to have manufactured,
delivered, distributed or dispensed to any such
person a substance which is not a controlled
substance. Any person who violates this paragraph
may be fined not more than $500 or imprisoned for
not more than 6 months or both.
(5) Drug
abuse program improvement surcharge.
(a) When a court imposes a fine for a violation of
this section, it shall also impose a drug abuse
program improvement surcharge under ch. 814 in an
amount of 75 percent of the fine and penalty
surcharge imposed.
(b) The clerk of the
court shall collect and transmit the amount to the
county treasurer as provided in s. 59.40(2)(m). The
county treasurer shall then make payment to the
secretary of administration as provided in s.
59.25(3)(f)2.
(c)1. The first
$850,000 plus two-thirds of all moneys in excess of
$1,275,000 collected in each fiscal year from drug
surcharges under this subsection shall be credited
to the appropriation account under s. 20.435(5)(gb).
2. All moneys in
excess of $850,000 and up to $1,275,000 plus
one-third of moneys in excess of $1,275,000
collected in each fiscal year from drug surcharges
under this subsection shall be credited to the
appropriation account under s. 20.505(6)(ku).
961.42 Prohibited acts
B--penalties
(1) It is unlawful for
any person knowingly to keep or maintain any store,
shop, warehouse, dwelling, building, vehicle, boat,
aircraft or other structure or place, which is
resorted to by persons using controlled substances
in violation of this chapter for the purpose of
using these substances, or which is used for
manufacturing, keeping or delivering them in
violation of this chapter.
(2) Any person who
violates this section is guilty of a Class I felony.
961.43 Prohibited acts
C--penalties
(1) It is unlawful for
any person:
(a) To acquire or
obtain possession of a controlled substance by
misrepresentation, fraud, forgery, deception or
subterfuge;
(b) Without
authorization, to make, distribute or possess any
punch, die, plate, stone or other thing designed to
print, imprint or reproduce the trademark, trade
name or other identifying mark, imprint or device of
another or any likeness of any of the foregoing upon
any drug or container or labeling thereof so as:
1. To make a
counterfeit substance; or
2. To duplicate
substantially the physical appearance, form, package
or label of a controlled substance.
(2) Any person who
violates this section is guilty of a Class H felony.
961.453 Purchases of
pseudoephedrine products on behalf of another person
(1)(a) No person may,
with the intent to acquire more than 7.5 grams of
pseudoephedrine contained in a pseudoephedrine
product within a 30-day period, knowingly solicit,
hire, direct, employ, or use another to purchase a
pseudoephedrine product on his or her behalf.
(b)1. Except as
provided in subd. 2., a person who violates par. (a)
is guilty of a Class I felony.
2. If the person who
is solicited, hired, directed, employed, or used to
purchase the pseudoephedrine product is an
individual who is less than 18 years of age, the
actor is guilty of a Class H felony.
(2) No person may
purchase a pseudoephedrine product on behalf of
another with the intent to facilitate another
person's manufacture of methamphetamine. A person
who violates this subsection is guilty of a Class I
felony.
961.455 Using a child
for illegal drug distribution or manufacturing
purposes
(1) Any person who has
attained the age of 17 years who knowingly solicits,
hires, directs, employs or uses a person who is
under the age of 17 years for the purpose of
violating s. 961.41(1) is guilty of a Class F
felony.
(2) The knowledge
requirement under sub. (1) does not require proof of
knowledge of the age of the child. It is not a
defense to a prosecution under this section that the
actor mistakenly believed that the person solicited,
hired, directed, employed or used under sub. (1) had
attained the age of 18 years, even if the mistaken
belief was reasonable.
(3) Solicitation under
sub. (1) occurs in the manner described under s.
939.30, but the penalties under sub. (1) apply
instead of the penalties under s. 939.30.
(4) If the conduct
described under sub. (1) results in a violation
under s. 961.41(1), the actor is subject to
prosecution and conviction under s. 961.41(1) or
this section or both.
961.46 Distribution to
persons under age 18
If a person 17 years
of age or over violates s. 961.41(1) by distributing
or delivering a controlled substance or a controlled
substance analog to a person 17 years of age or
under who is at least 3 years his or her junior, the
applicable maximum term of imprisonment prescribed
under s. 961.41(1) for the offense may be increased
by not more than 5 years.
961.48 Second or
subsequent offenses
(1) If a person is
charged under sub. (2m) with a felony offense under
this chapter that is a 2nd or subsequent offense as
provided under sub. (3) and the person is convicted
of that 2nd or subsequent offense, the maximum term
of imprisonment for the offense may be increased as
follows:
(a) By not more than 6
years, if the offense is a Class C or D felony.
(b) By not more than 4
years, if the offense is a Class E, F, G, H, or I
felony.
(2m)(a) Whenever a
person charged with a felony offense under this
chapter may be subject to a conviction for a 2nd or
subsequent offense, he or she is not subject to an
enhanced penalty under sub. (1) unless any
applicable prior convictions are alleged in the
complaint, indictment or information or in an
amended complaint, indictment or information that is
filed under par. (b)1. A person is not subject to an
enhanced penalty under sub. (1) for an offense if an
allegation of applicable prior convictions is
withdrawn by an amended complaint filed under par.
(b)2.
(b) Notwithstanding s.
971.29(1), at any time before entry of a guilty or
no contest plea or the commencement of a trial, a
district attorney may file without leave of the
court an amended complaint, information or
indictment that does any of the following:
1. Charges an offense
as a 2nd or subsequent offense under this chapter by
alleging any applicable prior convictions.
2. Withdraws the
charging of an offense as a 2nd or subsequent
offense under this chapter by withdrawing an
allegation of applicable prior convictions.
(3) For purposes of
this section, a felony offense under this chapter is
considered a 2nd or subsequent offense if, prior to
the offender's conviction of the offense, the
offender has at any time been convicted of any
felony or misdemeanor offense under this chapter or
under any statute of the United States or of any
state relating to controlled substances or
controlled substance analogs, narcotic drugs,
marijuana or depressant, stimulant or hallucinogenic
drugs.
(5) This section does
not apply if the person is presently charged with a
felony under s. 961.41(3g)(c), (d), (e), or (g).
961.573 Possession of
drug paraphernalia
(1) No person may use,
or possess with the primary intent to use, drug
paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale or
otherwise introduce into the human body a controlled
substance or controlled substance analog in
violation of this chapter. Any person who violates
this subsection may be fined not more than $500 or
imprisoned for not more than 30 days or both.
(2) Any person who
violates sub. (1) who is under 17 years of age is
subject to a disposition under s. 938.344(2e).
(3)(a) No person may
use, or possess with the primary intent to use, drug
paraphernalia to manufacture, compound, convert,
produce, process, prepare, test, analyze, pack,
repack, or store methamphetamine or a controlled
substance analog of methamphetamine in violation of
this chapter.
(b)1. Except as
provided in subd. 2., any person who violates par.
(a) is guilty of a Class H felony.
2. Any person who is
18 years of age or older and who violates par. (a)
while in the presence of a child who is 14 years of
age or younger is guilty of a Class G felony.
WI Drug Defense Lawyer - WI Drug
Defense Attorney - Madison Drug Defense Lawyer -
Madison Drug Defense Attorney |
