Wisconsin § 961.41 - Prohibited acts A — penalties.

§ 961.41. Prohibited acts A — penalties.

961.41(1) (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: 961.41(1)(a) (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. 961.41(1)(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(1)(cm) (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: 961.41(1)(cm)1g. 1g. One gram or less, the person is guilty of a Class G felony. 961.41(1)(cm)1r. 1r. More than one gram but not more than 5 grams, the person is guilty of a Class F felony. 961.41(1)(cm)2. 2. More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony. 961.41(1)(cm)3. 3. More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony. 961.41(1)(cm)4. 4. More than 40 grams, the person is guilty of a Class C felony. 961.41(1)(d) (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: 961.41(1)(d)1. 1. Three grams or less, the person is guilty of a Class F felony. 961.41(1)(d)2. 2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony. 961.41(1)(d)3. 3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony. 961.41(1)(d)4. 4. More than 50 grams, the person is guilty of a Class C felony. 961.41(1)(dm) (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 (2) (nd) and the amount manufactured, distributed, or delivered is: 961.41(1)(dm)1. 1. Ten grams or less, the person is guilty of a Class E felony. 961.41(1)(dm)2. 2. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony. 961.41(1)(dm)3. 3. More than 50 grams, the person is guilty of a Class C felony. 961.41(1)(dn) (dn) Carfentanil. If the person violates this subsection with respect to carfentanil and the amount manufactured, distributed, or delivered is: 961.41(1)(dn)1. 1. Ten grams or less, the person is guilty of a Class E felony. 961.41(1)(dn)2. 2. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony. 961.41(1)(dn)3. 3. More than 50 grams, the person is guilty of a Class C felony. 961.41(1)(e) (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 (7) (L) , or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, or a substance specified in s. 961.14 (7) (L) , and the amount manufactured, distributed, or delivered is: 961.41(1)(e)1. 1. Three grams or less, the person is guilty of a Class F felony. 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)(em) (em) Synthetic cannabinoids. If a person violates this subsection with respect to a controlled substance specified in s. 961.14 (4) (tb) , or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb) , and the amount manufactured, distributed, or delivered is: 961.41(1)(em)1. 1. Two hundred grams or less, the person is guilty of a Class I felony. 961.41(1)(em)2. 2. More than 200 grams but not more than 1,000 grams, the person is guilty of a Class H felony. 961.41(1)(em)3. 3. More than 1,000 grams but not more than 2,500 grams, the person is guilty of a Class G felony. 961.41(1)(em)4. 4. More than 2,500 grams but not more than 10,000 grams, the person is guilty of a Class F felony. 961.41(1)(em)5. 5. More than 10,000 grams, the person is guilty of a Class E 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, a substance specified in s. 961.14 (4) (a) to (h) , (m) to (q) , (sm) , or (u) to (xb) , 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, ketamine, or a substance specified in s. 961.14 (4) (a) to (h) , (m) to (q) , (sm) , or (u) to (xb) , 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. Down Down /statutes/statutes/961 true statutes /statutes/statutes/961/iv/41 Ch. 961, Controlled Substances statutes/961.41 statutes/961.41 section true Menu » Statutes Related » Statutes » Chapter 961 × Details for PDF view Link (Permanent link) Bookmark this location View toggle Go to top of document Search in this chapter Search in this section Search in this agency Search in this chapter group Search in this chapter Search in this section Cross references for section Acts affecting this section References to this 1970 Statutes Annotations Appellate Court Citations Administrative Code Index Reference lines Clear highlighting 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on August 5, 2026. Published and certified under s. 35.18. 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