LRB-1894/1
JEO:jlg:km
1999 - 2000 LEGISLATURE
May 6, 1999 - Introduced by Representatives Kreibich, Rhoades, Brandemuehl,
Urban, Suder, Klusman, Freese, Ladwig, Ainsworth, Nass, Musser, Seratti,
M. Lehman, Stone, Albers, Pettis, Gunderson, Kelso, Skindrud, Kedzie,
Olsen, Huebsch, Petrowski, Gronemus, Vrakas, Kestell, Montgomery
and
Ward, cosponsored by Senators Clausing, Moen, Zien, Panzer, Roessler,
Darling, Huelsman, Schultz, Rude
and Farrow. Referred to Committee on
Criminal Justice.
AB318,1,6 1An Act to amend 961.41 (1) (e) (intro.), 961.41 (1m) (e) (intro.), 961.41 (3g) (b),
2961.41 (3g) (d), 961.46 (3), 961.465 (2), 961.472 (2), 961.48 (2), 961.49 (1) (intro.),
3961.55 (1) (d) 3., 971.365 (1) (a), 971.365 (1) (b), 971.365 (1) (c) and 971.365 (2);
4and to create 961.41 (1) (em), 961.41 (1m) (em) and 961.41 (3g) (dm) of the
5statutes; relating to: the controlled substance methamphetamine and
6providing penalties.
Analysis by the Legislative Reference Bureau
Current law provides penalties for the possession, manufacture, delivery and
distribution of methamphetamine, a dangerous drug. This bill changes those
penalties as follows:
Possession of methamphetamine
Currently, a person who is convicted of possession of methamphetamine may
be fined not more than $5,000 or imprisoned for not more than one year in a county
jail or both. Under the bill, a person who is convicted of possession of
methamphetamine may be fined not more than $5,000 or imprisoned for not more
than two years in state prison or both.
Manufacture, delivery or distribution of methamphetamine, and possession
of methamphetamine with intent to manufacture, deliver or distribute
Under current law, the penalties for manufacture, delivery or distribution of
methamphetamine and for possession of methamphetamine with intent to

manufacture, deliver or distribute depend on the amount of the drug involved in the
offense and the date of the offense. In addition to prescribing a maximum penalty
for these offenses, current law provides in some cases for a minimum fine or a
minimum period of imprisonment or both. These are presumptive minimum
sentences. A judge may decide to impose no fine or imprisonment or a fine or period
of imprisonment that is less than the specified minimum if he or she finds that the
best interests of the community will be served and the public will not be harmed by
doing so.
The current penalties and the changes made by the bill are as follows:
1. If the offense involves three grams or less of methamphetamine and the
offense occurs before December 31, 1999, the person must currently be fined not less
than $1,000 nor more than $200,000 and may be imprisoned for not more than five
years. If the offense occurs on or after December 31, 1999, the maximum
imprisonment provided under current law is seven years and six months. The bill
increases the maximum imprisonment for this offense to 22 years and six months,
regardless of the date on which the offense occurs. The bill does not change the
minimum and maximum fines for the offense.
2. If the offense involves more than three grams but not more than ten grams
of methamphetamine and the offense occurs before December 31, 1999, the person
must currently be fined not less than $1,000 nor more than $250,000 and must be
imprisoned for not less than six months nor more than five years. If the offense
occurs on or after December 31, 1999, the maximum imprisonment provided under
current law is seven years and six months. The bill increases the maximum
imprisonment for this offense to 22 years and six months, regardless of the date on
which the offense occurs. The bill does not change the minimum period of
imprisonment or the minimum and maximum fines for the offense.
3. If the offense involves more than ten grams but not more than 50 grams of
methamphetamine and the offense occurs before December 31, 1999, the person
must currently be fined not less than $1,000 nor more than $500,000 and must be
imprisoned for not less than one year nor more than 15 years. If the offense occurs
on or after December 31, 1999, the maximum imprisonment provided under current
law is 22 years and six months. The bill provides that the maximum imprisonment
for this offense is 22 years and six months, regardless of the date on which the offense
occurs. The bill does not change the minimum period of imprisonment or the
minimum and maximum fines for the offense.
4. If the offense involves more than 50 grams but not more than 200 grams of
methamphetamine and the offense occurs before December 31, 1999, the person
must currently be fined not less than $1,000 nor more than $500,000 and must be
imprisoned for not less than three years nor more than 15 years. If the offense occurs
on or after December 31, 1999, the maximum imprisonment provided under current
law is 22 years and six months. The bill provides that the maximum imprisonment
for this offense is 22 years and six months, regardless of the date on which the offense
occurs. The bill does not change the minimum period of imprisonment or the
minimum and maximum fines for the offense.

5. If the offense involves more than 200 grams but not more than 400 grams
of methamphetamine and the offense occurs before December 31, 1999, the person
must currently be fined not less than $1,000 nor more than $500,000 and must be
imprisoned for not less than five years nor more than 15 years. If the offense occurs
on or after December 31, 1999, the maximum imprisonment provided under current
law is 22 years and six months. The bill provides that the maximum imprisonment
for this offense is 22 years and six months, regardless of the date on which the offense
occurs. The bill does not change the minimum period of imprisonment or the
minimum and maximum fines for the offense.
6. If the offense involves more than 400 grams of methamphetamine and the
offense occurs before December 31, 1999, the person must currently be fined not less
than $1,000 nor more than $1,000,000 and must be imprisoned for not less than ten
years nor more than 30 years. If the offense occurs on or after December 31, 1999,
the maximum imprisonment provided under current law is 45 years. The bill
provides that the maximum imprisonment for this offense is 45 years, regardless of
the date on which the offense occurs. The bill does not change the minimum period
of imprisonment or the minimum and maximum fines for the offense.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB318, s. 1 1Section 1. 961.41 (1) (e) (intro.) of the statutes is amended to read:
AB318,3,52 961.41 (1) (e) (intro.) Phencyclidine, amphetamine , methamphetamine or
3methcathinone, or a controlled substance analog of phencyclidine, amphetamine,
4methamphetamine
or methcathinone, is subject to the following penalties if the
5amount manufactured, distributed or delivered is:
AB318, s. 2 6Section 2. 961.41 (1) (em) of the statutes is created to read:
AB318,3,97 961.41 (1) (em) Methamphetamine or a controlled substance analog of
8methamphetamine is subject to the following penalties if the amount manufactured,
9distributed or delivered is:
AB318,3,1110 1. Three grams or less, the person shall be fined not less than $1,000 nor more
11than 200,000 and may be imprisoned for not more than 22 years and 6 months.
AB318,4,3
12. More than 3 grams but not more than 10 grams, the person shall be fined
2not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
36 months nor more than 22 years and 6 months.
AB318,4,64 3. More than 10 grams but not more than 50 grams, the person shall be fined
5not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
6one year nor more than 22 years and 6 months.
AB318,4,97 4. More than 50 grams but not more than 200 grams, the person shall be fined
8not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
93 years nor more than 22 years and 6 months.
AB318,4,1210 5. More than 200 grams but not more than 400 grams, the person shall be fined
11not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
125 years nor more than 22 years and 6 months.
AB318,4,1513 6. More than 400 grams, the person shall be fined not less than $1,000 nor more
14than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45
15years.
AB318, s. 3 16Section 3. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
AB318,4,2017 961.41 (1m) (e) (intro.) Phencyclidine, amphetamine , methamphetamine or
18methcathinone, or a controlled substance analog of phencyclidine, amphetamine,
19methamphetamine
or methcathinone, is subject to the following penalties if the
20amount possessed, with intent to manufacture, distribute or deliver, is:
AB318, s. 4 21Section 4. 961.41 (1m) (em) of the statutes is created to read:
AB318,4,2422 961.41 (1m) (em) Methamphetamine or a controlled substance analog of
23methamphetamine is subject to the following penalties if the amount possessed, with
24intent to manufacture, distribute or deliver, is:
AB318,5,2
11. Three grams or less, the person shall be fined not less than $1,000 nor more
2than $200,000 and may be imprisoned for not more than 22 years and 6 months.
AB318,5,53 2. More than 3 grams but not more than 10 grams, the person shall be fined
4not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
56 months nor more than 22 years and 6 months.
AB318,5,86 3. More than 10 grams but not more than 50 grams, the person shall be fined
7not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
8one year nor more than 22 years and 6 months.
AB318,5,119 4. More than 50 grams but not more than 200 grams, the person shall be fined
10not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
113 years nor more than 22 years and 6 months.
AB318,5,1412 5. More than 200 grams but not more than 400 grams, the person shall be fined
13not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
145 years nor more than 22 years and 6 months.
AB318,5,1715 6. More than 400 grams, the person shall be fined not less than $1,000 nor more
16than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45
17years.
AB318, s. 5 18Section 5. 961.41 (3g) (b) of the statutes is amended to read:
AB318,5,2419 961.41 (3g) (b) Except as provided in pars. (c), (d), (dm), (e) and (f), if the person
20possesses or attempts to possess a controlled substance or controlled substance
21analog, other than a controlled substance included in schedule I or II that is a
22narcotic drug or a controlled substance analog of a controlled substance included in
23schedule I or II that is a narcotic drug, the person is guilty of a misdemeanor,
24punishable under s. 939.61.
AB318, s. 6 25Section 6. 961.41 (3g) (d) of the statutes is amended to read:
AB318,6,6
1961.41 (3g) (d) If a person possesses or attempts to possess lysergic acid
2diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone,
3psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide,
4phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or
5psilocybin, the person may be fined not more than $5,000 or imprisoned for not more
6than one year in the county jail or both.
AB318, s. 7 7Section 7. 961.41 (3g) (dm) of the statutes is created to read:
AB318,6,118 961.41 (3g) (dm) If a person possesses or attempts to possess
9methamphetamine or a controlled substance analog of methamphetamine, the
10person may be fined not more than $5,000 or imprisoned for not more than 2 years
11or both.
AB318, s. 8 12Section 8. 961.46 (3) of the statutes is amended to read:
AB318,6,2013 961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (cm), (d),
14(e), (em), (f), (g) or (h) by distributing or delivering cocaine, cocaine base, heroin,
15phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
16methamphetamine, methcathinone or any form of tetrahydrocannabinols or a
17controlled substance analog of any of these substances to a person 17 years of age or
18under who is at least 3 years his or her junior, any applicable minimum and
19maximum fines and minimum and maximum periods of imprisonment under s.
20961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) are doubled.
AB318, s. 9 21Section 9. 961.465 (2) of the statutes is amended to read:
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