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Terms Used In Wisconsin Statutes 961.49

  • Controlled substance: means a drug, substance or immediate precursor included in schedules I to V of subch. See Wisconsin Statutes 961.01
  • Controlled substance analog: means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:
         1. See Wisconsin Statutes 961.01
  • Distribute: means to deliver other than by administering or dispensing a controlled substance or controlled substance analog. See Wisconsin Statutes 961.01
  • Drug: means any of the following:
  •          1. See Wisconsin Statutes 961.01
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Jail or correctional facility: means any of the following:
  •       (a)    A Type 1 prison, as defined in…. See Wisconsin Statutes 961.01
  • Multiunit public housing project: means a public housing project that includes 4 or more dwelling units in a single parcel or in contiguous parcels. See Wisconsin Statutes 961.01
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Public housing project: means any housing project or development administered by a housing authority, as defined in…. See Wisconsin Statutes 961.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
  • Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
  • Village: means incorporated village. See Wisconsin Statutes 990.01
  • Youth center: means any center that provides, on a regular basis, recreational, vocational, academic or social services activities for persons younger than 21 years old or for those persons and their families. See Wisconsin Statutes 961.01
  •    (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.