Wisconsin Statutes
Wis. Stat. § 961.48 (2026)
Second or subsequent offenses
✓ current as of July 2026
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961.48(1)(1) If a person is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under sub. (3) and the person is convicted of that 2nd or subsequent offense, the maximum term of imprisonment for the offense may be increased as follows:
961.48(2m)(a)(a) Whenever a person charged with a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.
961.48(2m)(b)(b) Notwithstanding s. 971.29 (1), at any time before entry of a guilty or no contest plea or the commencement of a trial, a district attorney may file without leave of the court an amended complaint, information or indictment that does any of the following:
961.48(2m)(b)1.1. Charges an offense as a 2nd or subsequent offense under this chapter by alleging any applicable prior convictions.
961.48(2m)(b)2.2. Withdraws the charging of an offense as a 2nd or subsequent offense under this chapter by withdrawing an allegation of applicable prior convictions.
961.48(3)(3) For purposes of this section, a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender’s conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.
961.48(5)(5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).
961.48 HistoryHistory: 1971 c. 219; 1985 a. 328; 1987 a. 339; 1989 a. 121; 1993 a. 98, 118, 482, 490; 1995 a. 402; 1995 a. 448 s. 288; Stats. 1995 s. 961.48; 1997 a. 35 ss. 340, 584; 1997 a. 220; 1999 a. 48; 2001 a. 109; 2003 a. 49.
961.48 AnnotationThe trial court erred in imposing a second sentence on a defendant convicted of a second violation of ss. 161.14 (3) (k) and 161.41 (1) (a) [now ss. 961.14 (3) (k) and 961.41 (1) (a)]. While the repeater statute, s. 161.48 [now this section], allows imposition of a penalty not exceeding twice that allowable for a first offense, it does not of itself create a crime and cannot support a separate and independent sentence. Olson v. State, 69 Wis. 2d 605, 230 N.W.2d 634 (1975).
961.48 AnnotationFor offenses under ch. 161 [now this chapter], the court may apply this section or s. 939.62, but not both. State v. Ray, 166 Wis. 2d 855, 481 N.W.2d 288 (Ct. App. 1992).
961.48 AnnotationIn sentencing a defendant when the maximum sentence is doubled under s. 161.48 [now this section], the court considers the same factors it considers in all sentencing, including prior convictions. State v. Canadeo, 168 Wis. 2d 559, 484 N.W.2d 340 (Ct. App. 1992).
961.48 AnnotationSentencing under s. 161.48 [now this section] was improper when the defendant did not admit a prior conviction and the state did not offer proof of one. State v. Coolidge, 173 Wis. 2d 783, 496 N.W.2d 701 (Ct. App. 1993).
961.48 AnnotationConviction under s. 161.48 [now this section] for a second or subsequent offense does not require proof of the prior offense at trial beyond a reasonable doubt. State v. Miles, 221 Wis. 2d 56, 584 N.W.2d 703 (Ct. App. 1998), 97-1364.
961.48 AnnotationA conviction for possessing drug paraphernalia under s. 961.573 qualifies as a prior offense under sub. (3). State v. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999), 98-2716.
961.48 AnnotationA defendant convicted of a second or subsequent controlled substance offense is subject to the penalty enhancements provided for in both sub. (2) and s. 939.62 if the application of each enhancer is based on a separate and distinct prior conviction or convictions. State v. Maxey, 2003 WI App 94, 264 Wis. 2d 878, 663 N.W.2d 811, 02-1171. But see State v. Hailes, 2023 WI App 29, 408 Wis. 2d 465, 992 N.W.2d 835, 21-1339.
961.48 AnnotationThe use of the word “or” in s. 973.01 (2) (c) 2. c. contrasts with the use of the word “and” in s. 973.01 (2) (c) 2. a. The use of the word “or” indicates that only one of the penalty enhancers found in this section and s. 939.62 (1) can apply, but not both. State v. Hailes, 2023 WI App 29, 408 Wis. 2d 465, 992 N.W.2d 835, 21-1339.
Notes of Decisions
Cited in 20
cases (4 in the last 5 years), 1997–2024 · leading case: State v. Hughes, 2000 WI 24 (Wis. 2000).
State v. Hughes, 2000 WI 24 (Wis. 2000). “Wis. Stat. § 961.48 (2). An offender is also subject to a fine of $1000 for a first offense or $2000 for a second or subsequent offense.”
State v. Maxey, 2003 WI App 94 (Wis. Ct. App. 2003). “1 The State is seeking to enhance Maxey's potential sentence under the repeat drug offender provisions of Wis. Stat. § 961.48 (2) of the Uniform Controlled Substances Act and under the habitual criminal provisions of Wis.”
State v. Rogelio Guarnero, 2015 WI 72 (Wis. 2015). “1999), the court of appeals interpreted "relating to controlled substances" as used in Wis. Stat. § 961.48 (3), which includes the same penalty enhancement structure as Wis.”
State v. Henderson, 2001 WI 97 (Wis. 2001). “Furthermore, the officers knew that the layout of Henderson's apartment and, more specifically, the location of the room in which he stored his drugsacross from the bathroommade quick destruction of the evidence particularly easy.”
State v. Keimonte Antonie Wilson, Sr., 2017 WI 63 (Wis. 2017). “See also Wis. Stat. § 961.48 (1)(b). ¶58 On June 24, 2013, Wilson filed a motion to suppress evidence of the crime.”
State v. Richter, 2000 WI 58 (Wis. 2000). “See Wis. Stat. § 961.48 . ¶ 11. Richter moved to suppress the physical evidence and his statements, alleging an illegal entry and search.”
State v. Delaney, 2003 WI 9 (Wis. 2003). “41(2) [now § 961.48] for violations of § 161.41(1x) [now § 961.”
United States v. Rodriquez, 553 U.S. 377 (2008). “, Wis. Stat. § 961.48 (l)(b) (2003-2004) (4-year increase for Class H felony such as selling one kilogram of marijuana).”
State v. Moline, 598 N.W.2d 929 (Wis. Ct. App. 1999). “The court wrote: [T]he previous offense [that makes the charged offense a "2nd or subsequent offense" for purposes of § 961.48, Stats.] may be any conviction under chapter 161 [now 961], without exception.”
State v. Warbelton, 2008 WI App 42 (Wis. Ct. App. 2008). “48 (now Wis. Stat. § 961.48 ) for second or subsequent Wis.”
State v. Presley, 2006 WI App 82 (Wis. Ct. App. 2006). “§ 961.48. As a consequence, Presley's extended supervision was revoked on March 17, 2004, and he pled guilty to the new charge shortly thereafter.”
State v. Collins, 2002 WI App 177 (Wis. Ct. App. 2002). “But see Wis. Stat. § 961.48 (3) (stating that an offense is a second or subsequent offense if offender has been previously "convicted under.”
— Wis. Stat. § 961.48(1) — 2 cases
State v. Tracy Laver Hailes (Wis. Ct. App. 2023).
State v. Terrence Jeff Cloyd, Jr. (Wis. Ct. App. 2022).
— Wis. Stat. § 961.48(1)(b) — 2 cases
State v. Terrence Jeff Cloyd, Jr. (Wis. Ct. App. 2022).
State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024).
— Wis. Stat. § 961.48(2) — 2 cases
State v. Maxey, 2003 WI App 94 (Wis. Ct. App. 2003). “1 The State is seeking to enhance Maxey's potential sentence under the repeat drug offender provisions of Wis. Stat. § 961.48 (2) of the Uniform Controlled Substances Act and under the habitual criminal provisions of Wis.”
State v. Gibson, 2000 WI App 207 (Wis. Ct. App. 2000).
— Wis. Stat. § 961.48(3) — 2 cases
State v. Moline, 598 N.W.2d 929 (Wis. Ct. App. 1999). “The court wrote: [T]he previous offense [that makes the charged offense a "2nd or subsequent offense" for purposes of § 961.48, Stats.] may be any conviction under chapter 161 [now 961], without exception.”
State v. David L. W., 570 N.W.2d 582 (Wis. Ct. App. 1997).
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