Wisconsin Statutes

Wis. Stat. § 961.495 (2026)

Possession or attempted possession of a controlled substance on or near certain places

✓ current as of July 2026

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961.495961.495 Possession or attempted possession of a controlled substance on or near certain places. If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II, a controlled substance analog of a controlled substance included in schedule I or II or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or of any premises of a tribal school, as defined in s. 115.001 (15m), or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

961.495 HistoryHistory: 1989 a. 31, 121; 1991 a. 39; 1993 a. 87, 118, 281, 490; 1995 a. 448 s. 290; Stats. 1995 s. 961.495; 1999 a. 57; 2009 a. 302.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2022 · leading case: State v. Hughes, 2000 WI 24 (Wis. 2000).

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State v. Hughes, 2000 WI 24 (Wis. 2000). · cites it 4× “Wis. Stat. § 961.495 . For first-offense possession with intent to deliver, this enhancer potentially adds up to five years incarceration to a sentence.”

State v. Dennis Brantner, 2020 WI 21 (Wis. 2020). · cites it 2× “Brantner on counts one, three, and five also included penalty enhancers pursuant to Wis. Stat. § 961.495 (2017-18) for possession of a controlled substance within 1000 feet of the Fond du Lac County jail; however, the State voluntarily dismissed all of the penalty enhancers…”

Est. of Shannon J. Payne, by its Special Adm'r, Christopher Meisel v. Dane Cnty. (W.D. Wis. 2022). “§ 961.495 (criminalizing possession or attempted possession of a controlled substance on or near, inter alia, Wisconsin jails or correctional facilities); Cal.”

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