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2025 Wisconsin Statutes & Annotations
Chapter 971 - Criminal procedure — proceedings before and at trial.
971.365 - Crimes involving certain controlled substances.

Universal Citation:
WI Stat § 971.365 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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971.365 Crimes involving certain controlled substances.

(1)

(a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (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.

(b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (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.

(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.

(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), (e), (f), (g), or (h), (1m) (cm), (d), (dm), (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.

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.

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.

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.

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