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  1. #1
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    Feb 2014
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    Default Felony Drug Possession and Maintaining a Drug House

    My question involves criminal law for the state of: Wisconsin

    Can anyone give me some information on a couple WI statutes? I searched and didnt find anything clearly identifying them except maybe the one.
    946.49(1A) Felony U
    161.41(1M)(H) Felony U

    I believe the 949.49(1A) is bail jumping but (1A) i thought I read was for bail jumping on a misdemeanor which would make it a misdemeanor, but all the charges were Felony U.
    I know the second one has to do with drug posession but not sure what the actual crime is for the statute.

  2. #2
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    Default Re: Can You Tell Me What These Wisconsin Stautes Are

    Possession with intent to sell, apparently.

  3. #3
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    Default Re: Can You Tell Me What These Wisconsin Stautes Are

    946.49 Bail jumping.
    (1) Whoever, having been released from custody under ch. 969, intentionally fails to comply with the terms of his or her bond is:
    (a) If the offense with which the person is charged is a misdemeanor, guilty of a Class A misdemeanor.
    (b) If the offense with which the person is charged is a felony, guilty of a Class H felony.
    I don't find a chapter 161 though so I cannot tell you what the second matter is.

  4. #4
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    Default Re: Can You Tell Me What These Wisconsin Stautes Are

    http://docs.legis.wisconsin.gov/stat...1/IV/49/1m/b/6


    It would appear that the possession/intent jumped it up to a F.

  5. #5
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    Default Re: Can You Tell Me What These Wisconsin Stautes Are

    Quote Quoting Dogmatique
    View Post
    http://docs.legis.wisconsin.gov/stat...1/IV/49/1m/b/6


    It would appear that the possession/intent jumped it up to a F.
    Ah, now we can add either mind reader or a dedicated responder to your resume. I looked for chap 161 like the OP stated. You apparently went the extra mile:


    961.41 Prohibited acts A — penalties.
    (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



    (1m) Possession with intent to manufacture, distribute or deliver. Except as authorized by this chapter, it is unlawful for any person to possess, with intent to manufacture, distribute or deliver, a controlled substance or a controlled substance analog. Intent under this subsection may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substances possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the controlled substance or a controlled substance analog prior to and after the alleged violation. Any person who violates this subsection is subject to the following penalties:
    (h) Tetrahydrocannabinols. If a 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 possessed, with intent to manufacture, distribute, or deliver, is:
    1. Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.
    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.
    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.
    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.
    5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

  6. #6
    Join Date
    Feb 2014
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    17

    Default Re: Can You Tell Me What These Wisconsin Stautes Are

    The crimes happened in 1994 so maybe the statutes changed? The initial charges were:
    161.41(3r) Posession of THC Felony U
    161.573(1) Posessing drug paraphanalia Felony U
    161.42(1) Maintain drug trafficing place Felony U

    They dismissed the second two and in turn added the two charges I mentioned in the first post.

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