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Code · Wisconsin · Chapter 961 — Uniform controlled substances act

961.41 Prohibited acts A — penalties.

1,152 words·~5 min read·/wi/chapter-961/961-41-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

961.41 Prohibited acts A — penalties.
(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 is subject to the following penalties:
(a)Schedule I and II narcotic drugs generally. Except as provided in par.
(d),
(dm), or
(dn), 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 the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, and the amount manufactured, distributed, or delivered 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 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.
(dm)Fentanyl. If the person violates this subsection with respect to fentanyl, a controlled substance analog of fentanyl, or a fentanyl analog specified in s. 961.14
(nd)and the amount manufactured, distributed, or delivered is:
1. Ten grams or less, the person is guilty of a Class E felony.
2. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
3. More than 50 grams, the person is guilty of a Class C felony.
(dn)Carfentanil. If the person violates this subsection with respect to carfentanil and the amount manufactured, distributed, or delivered is:
1. Ten grams or less, the person is guilty of a Class E felony.
2. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
3. More than 50 grams, the person is guilty of a Class C felony.
(e)Phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, and a substance specified in s. 961.14
(7)(L). If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14
(L), or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, or a substance specified in s. 961.14
(L), 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.
(em)Synthetic cannabinoids. If a person violates this subsection with respect to a controlled substance specified in s. 961.14
(tb), or a controlled substance analog of a controlled substance specified in s. 961.14
(tb), and the amount manufactured, distributed, or delivered is:
1. Two hundred grams or less, the person is guilty of a Class I felony.
2. More than 200 grams but not more than 1,000 grams, the person is guilty of a Class H felony.
3. More than 1,000 grams but not more than 2,500 grams, the person is guilty of a Class G felony.
4. More than 2,500 grams but not more than 10,000 grams, the person is guilty of a Class F felony.
5. More than 10,000 grams, the person is guilty of a Class E 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
(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.
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