Wis. Stat. » CHAPTER 961 — UNIFORM CONTROLLED SUBSTANCES ACT
Wisconsin Statutes

Wis. Stat. § 961.49 (2026)

Offenses involving intent to deliver or distribute a controlled substance on or near certain places

✓ current as of July 2026
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961.49961.49 Offenses involving intent to deliver or distribute a controlled substance on or near certain places.
961.49(1m)(1m) If any person violates s. 961.41 (1) (cm), (d), (dm), (dn), (e), (f), (g), or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (dn), (e), (f), (g), or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, carfentanil, 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:
961.49(1m)(a)(a) While the person is in or on the premises of a scattered-site public housing project.
961.49(1m)(b)(b) While the person is in or on or otherwise within 1,000 feet of any of the following:
961.49(1m)(b)1.1. A state, county, city, village or town park.
961.49(1m)(b)2.2. A jail or correctional facility.
961.49(1m)(b)3.3. A multiunit public housing project.
961.49(1m)(b)4.4. A swimming pool open to members of the public.
961.49(1m)(b)5.5. A youth center or a community center.
961.49(1m)(b)6.6. Any private or public school premises and any premises of a tribal school, as defined in s. 115.001 (15m).
961.49(1m)(b)7.7. A school bus, as defined in s. 340.01 (56).
961.49(1m)(c)(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.
961.49(1m)(d)(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.
961.49(2m)(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.
961.49 HistoryHistory: 1985 a. 328; 1987 a. 332, 339, 403; 1989 a. 31, 107, 121; 1991 a. 39; 1993 a. 87, 98, 118, 281, 490, 491; 1995 a. 448 s. 289, 491; Stats. 1995 s. 961.49; 1997 a. 283, 327; 1999 a. 32, 48, 57; 2001 a. 109; 2005 a. 14; 2009 a. 302; 2021 a. 179; 2025 a. 100; s. 35.17 correction in (1m) (intro.).
961.49 AnnotationScienter is not an element of s. 161.49 [now this section]. State v. Hermann, 164 Wis. 2d 269, 474 N.W.2d 906 (Ct. App. 1991).
961.49 AnnotationA university campus is not a “school” within the meaning of s. 161.49 [now this section]. State v. Andrews, 171 Wis. 2d 217, 491 N.W.2d 504 (Ct. App. 1992).
961.49 AnnotationAnyone who passes within a zone listed in s. 161.49 (1) [now sub. (1m)] while in possession of a controlled substance with an intent to deliver it somewhere is subject to the penalty enhancer provided by s. 161.49 [now this section] whether or not the arrest is made within the zone and whether or not there is an intent to deliver the controlled substance within the zone. State v. Rasmussen, 195 Wis. 2d 109, 536 N.W.2d 106 (Ct. App. 1995), 94-2000.
961.49 AnnotationSchool “premises” begin at the school property line. State v. Hall, 196 Wis. 2d 850, 540 N.W.2d 219 (Ct. App. 1995), 94-2848.
961.49 AnnotationThe penalty enhancer for sales close to parks does not violate due process and is not unconstitutionally vague. The ordinary meaning of “parks” includes undeveloped parks. Proximity to a park is rationally related to protecting public health and safety from drug sale activities. State v. Lopez, 207 Wis. 2d 413, 559 N.W.2d 264 (Ct. App. 1996), 95-3250.
961.49 AnnotationDay care centers are a subset of “youth centers,” as defined in s. 961.01 (22), and come within the definition of places listed in sub. (2). State v. Van Riper, 222 Wis. 2d 197, 586 N.W.2d 198 (Ct. App. 1998), 97-3367.
961.49 AnnotationThis section contains two elemental facts, a distance requirement and a particularized protected place, both of which must be submitted to the jury and proven beyond a reasonable doubt. State v. Harvey, 2002 WI 93, 254 Wis. 2d 442, 647 N.W.2d 189, 00-0541.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1998–2024 · leading case: State v. Harvey, 2002 WI 93 (Wis. 2002).
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State v. Harvey, 2002 WI 93 (Wis. 2002). · cites it 18× “" Wis. Stat. § 961.49 (1)(b)1. ¶ 10. At the close of the evidence, during the jury instruction conference, the State moved to amend the information "to include the statement county, city, village or town park rather than state park.”
State v. Hughes, 2000 WI 24 (Wis. 2000). · cites it 4× “Wis. Stat. § 961.49 (1)(b)6. [11] The State makes an alternative argument in defense of this entry: that the police may enter a residence without a warrant to arrest for a misdemeanor when they have probable cause to believe that the crime is being committed in their presence by…”
State v. Harvey, 2001 WI App 59 (Wis. Ct. App. 2001). · cites it 4× “§ 961.49 (1999-2000), 2 which provides in relevant part as follows: (1) If any person violates .”
State v. Johnson, 2001 WI App 105 (Wis. Ct. App. 2001). · cites it 2× “Johnson's charges were also subject to a penalty enhancer under Wis. Stat. § 961.49 . 3 The trial transcript shows that the parties eventually agreed to submission of the lesser-included offense, but Johnson's Request for Jury Instructions shows that he asked for the…”
State v. McCray, 583 N.W.2d 668 (Wis. Ct. App. 1998). · cites it 2× “3 This section was moved to §961.49(1), Stats., by 1995 Wis. Act 448, §§ 289 to 290, effective July 9,1996.”
State v. Van Riper, 586 N.W.2d 198 (Wis. Ct. App. 1998). · cites it 23× “Additionally, day care centers provide care for children, who fall within the age group set out in the statutory definition of a youth center.”
State v. Hughes, 2001 WI App 239 (Wis. Ct. App. 2001). · cites it 2× “Isaac Hughes appeals from a judgment convicting him of possession of cocaine with intent to deliver, within 1,000 feet of a school, see Wis. Stat. §§ 961.49 (1)(b)6 & 961.49(2)(a)2f, and of resisting a law enforcement officer, see Wis.”
State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024). · cites it 2× “§ 961.49(1m)(b)6 because the alleged activity occurred near a school, and two counts included an enhancer pursuant to § 961.”
— Wis. Stat. § 961.49(1) — 1 case
State v. McCray, 583 N.W.2d 668 (Wis. Ct. App. 1998). “3 This section was moved to §961.49(1), Stats., by 1995 Wis. Act 448, §§ 289 to 290, effective July 9,1996.”
— Wis. Stat. § 961.49(1m)(b) — 1 case
State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024). “§ 961.49(1m)(b)6 because the alleged activity occurred near a school, and two counts included an enhancer pursuant to § 961.”
— Wis. Stat. § 961.49(2) — 1 case
State v. Van Riper, 586 N.W.2d 198 (Wis. Ct. App. 1998). “Additionally, day care centers provide care for children, who fall within the age group set out in the statutory definition of a youth center.”
— Wis. Stat. § 961.49(2)(a) — 1 case
State v. Van Riper, 586 N.W.2d 198 (Wis. Ct. App. 1998). “Additionally, day care centers provide care for children, who fall within the age group set out in the statutory definition of a youth center.”
— Wis. Stat. § 961.49(2)(am) — 1 case
State v. Harvey, 2002 WI 93 (Wis. 2002). “" Wis. Stat. § 961.49 (1)(b)1. ¶ 10. At the close of the evidence, during the jury instruction conference, the State moved to amend the information "to include the statement county, city, village or town park rather than state park.”
— Wis. Stat. § 961.49(2)(b) — 1 case
State v. Van Riper, 586 N.W.2d 198 (Wis. Ct. App. 1998). “Additionally, day care centers provide care for children, who fall within the age group set out in the statutory definition of a youth center.”
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