Wisconsin § 971.365 - Crimes involving certain controlled substances.
Full text of Wisconsin Wisconsin Statutes § 971.365 — Crimes involving certain controlled substances., with citation guidance and answers to common questions.
§ 971.365. Crimes involving certain controlled substances.
971.365(1) (1) 971.365(1)(a) (a) In any case under s. 961.41 (1) (em) , 1999 stats., or s. 961.41 (1) (cm) , (d) , (dm) , (dn) , (e) , (f) , (g) , or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. 971.365(1)(b) (b) In any case under s. 961.41 (1m) (em) , 1999 stats., or s. 961.41 (1m) (cm) , (d) , (dm) , (dn) , (e) , (f) , (g) , or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. 971.365(1)(c) (c) In any case under s. 961.41 (3g) (a) 2. , 1999 stats., or s. 961.41 (3g) (dm) , 1999 stats., or s. 961.41 (3g) (am) , (c) , (d) , (e) , or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. 971.365(2) (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em) , 1999 stats., s. 961.41 (1m) (em) , 1999 stats., s. 961.41 (3g) (a) 2. , 1999 stats., or s. 961.41 (3g) (dm) , 1999 stats., or s. 961.41 (1) (cm) , (d) , (dm) , (dn) , (e) , (f) , (g) , or (h) , (1m) (cm) , (d) , (dm) , (dn) , (e) , (f) , (g) , or (h) , or (3g) (am) , (c) , (d) , (e) , or (g) on which no evidence was received at the trial on the original charge. 971.365 History History: 1985 a. 328 ; 1987 a. 339 ; 1989 a. 121 ; 1993 a. 98 , 118 , 490 ; 1995 a. 448 ; 1999 a. 48 ; 2001 a. 109 ; 2003 a. 49 ; 2021 a. 179 ; 2025 a. 100 . 971.365 Annotation This section unambiguously permits aggregation of the amount of a controlled substance at issue for each violation of an enumerated statute so that multiple violations identifying smaller amounts may be prosecuted as one violation identifying a larger amount when the multiple violations are pursuant to a single intent and design. This section does not require that the multiple violations occurred at one single time or even within a specific timeframe. State v. West, 2024 WI App 35 , 412 Wis. 2d 758 , 8 N.W.3d 460 , 22-2196 . 971.365 Annotation In this case, in which the defendant negotiated a plea that significantly reduced the defendant’s overall exposure, this section was operable to provide a factual basis for the plea. State v. West, 2024 WI App 35 , 412 Wis. 2d 758 , 8 N.W.3d 460 , 22-2196 .
Source: official Wisconsin text · Last verified 2026-08-27
Frequently Asked Questions About Wisconsin § 971.365
What does Wisconsin Statutes § 971.365 cover?
Section 971.365 ("Crimes involving certain controlled substances.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 971.365?
A common citation format is "Wisconsin Statutes § 971.365" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 971.365 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.