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Wisconsin Statutes Controlled Substances (Ch. 961) § 961.49. Offenses involving intent to deliver or distribute a controlled substance on or near certain places

Current as of January 01, 2025 | Updated by Findlaw Staff

(1m) If any person violates s. 961.41 (1)(cm), (d), (dm), (e), (f), (g) or (h) by delivering or distributing, or violates s. 961.41(1m)(cm), (d), (dm), (e), (f), (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

(a) While the person is in or on the premises of a scattered-site public housing project.

(b) While the person is in or on or otherwise within 1,000 feet of any of the following:

1. A state, county, city, village or town park.

2. A jail or correctional facility.

3. A multiunit public housing project.

4. A swimming pool open to members of the public.

5. A youth center or a community center.

6. Any private or public school premises and any premises of a tribal school, as defined in s. 115.001(15m).

7. A school bus, as defined in s. 340.01 (56).

(c) While the person is in or on the premises of an approved treatment facility, as defined in s. 51.01 (2), that provides alcohol and other drug abuse treatment.

(d) While the person is within 1,000 feet of the premises of an approved treatment facility, as defined in s. 51.01 (2), that provides alcohol and other drug abuse treatment, if the person knows or should have known that he or she is within 1,000 feet of the premises of the facility or if the facility is readily recognizable as a facility that provides alcohol and other drug abuse treatment.

(2m) If any person violates s. 961.65 and, during the violation, the person intends to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine under any of the circumstances listed under sub. (1m)(a), (b), (c), or (d), the maximum term of imprisonment for that crime is increased by 5 years.

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Cite this article: FindLaw.com - Wisconsin Statutes Controlled Substances (Ch. 961) § 961.49. Offenses involving intent to deliver or distribute a controlled substance on or near certain places - last updated January 01, 2025 | https://codes.findlaw.com/wi/controlled-substances-ch-961/wi-st-961-49/

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