Wisconsin Statutes
Wis. Stat. § 971.365 (2026)
Crimes involving certain controlled substances
✓ current as of July 2026
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971.365(1)(a)(a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (dn), (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.
971.365(1)(b)(b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (dn), (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.
971.365(1)(c)(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.
971.365(2)(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), (dn), (e), (f), (g), or (h), (1m) (cm), (d), (dm), (dn), (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.
971.365 HistoryHistory: 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; 2025 a. 100.
971.365 AnnotationThis 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.
971.365 AnnotationIn 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.
Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 2018–2026 · leading case: State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024).
State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024). “365(1)(b)—a statute mentioned neither in the Amended Information nor the parties’ postconviction arguments—and noted that although it was unaware of any published appellate decisions addressing § 971.365, it nevertheless believed that statute applied.”
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “§ 971.365, a procedural provision for crimes involving certain controlled substances.”
State v. Lopez, 922 N.W.2d 855 (Wis. Ct. App. 2018). “36(3)(a) as applying only to "theft" under WIS. STAT. § 943.20 would require a court to "write a limitation into the statute" that is not there.”
Ford (E.D. Wis. 2026). “The circuit court also rejected the claim on the merits because, under Wis. Stat. §971.365 , the state could prosecute multiple drug transactions as a single transaction.”
State v. Autumn Marie Love Lopez (Wis. 2019). “§§ 971.365 (1)(a) ("In any case under s. 961.”
State v. Autumn Marie Love Lopez (Wis. 2019). “§§ 971.365 (1)(a) ("In any case under s. 961.”
— Wis. Stat. § 971.365(1) — 1 case
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “§ 971.365, a procedural provision for crimes involving certain controlled substances.”
— Wis. Stat. § 971.365(1)(a) — 1 case
State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024). “365(1)(b)—a statute mentioned neither in the Amended Information nor the parties’ postconviction arguments—and noted that although it was unaware of any published appellate decisions addressing § 971.365, it nevertheless believed that statute applied.”
— Wis. Stat. § 971.365(1)(b) — 1 case
State v. Cordiaral F. West, 2024 WI App 35 (Wis. Ct. App. 2024). “365(1)(b)—a statute mentioned neither in the Amended Information nor the parties’ postconviction arguments—and noted that although it was unaware of any published appellate decisions addressing § 971.365, it nevertheless believed that statute applied.”
— Wis. Stat. § 971.365(2) — 1 case
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “§ 971.365, a procedural provision for crimes involving certain controlled substances.”
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