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LRB-4928/1
EAW:wlj
2017 - 2018 LEGISLATURE
January 4, 2018 - Introduced by Senator Marklein, cosponsored by
Representatives Novak, E. Brooks, Duchow, Edming, Horlacher, Kitchens,
Krug, Ripp, Rohrkaste, Steffen and Tranel. Referred to Committee on
Judiciary and Public Safety.
SB683,1,3 1An Act to renumber and amend 961.41 (3j); and to create 961.41 (3j) (a) 2. of
2the statutes; relating to: the purchase of pseudoephedrine products and
3providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person who purchases from a pharmacy or pharmacist more
than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within
a 30-day period is guilty of a misdemeanor. The criminal penalty imposed under the
bill does not apply to a physician, dentist, veterinarian, or pharmacist.
Under current law, there is no criminal penalty imposed for making such a
purchase from a pharmacy or pharmacist, but if a person other than a physician,
dentist, veterinarian, or pharmacist makes such a purchase from a source other than
a pharmacy or pharmacist, he or she is guilty of a Class I felony. Also under current
law, a person who distributes more than 7.5 grams of pseudoephedrine contained in
a pseudoephedrine product within a 30-day period to a person, other than a
physician, dentist, veterinarian, or pharmacist, without a valid prescription is guilty
of a Class I felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB683,1 4Section 1. 961.41 (3j) of the statutes is renumbered 961.41 (3j) (a) (intro.) and
5amended to read:
SB683,2,4
1961.41 (3j) (a) (intro.) Whoever purchases more than 7.5 grams of
2pseudoephedrine contained in a pseudoephedrine product within a 30-day period,
3other than by purchasing the product in person from a pharmacy or pharmacist, is
4guilty of the following:
SB683,2,5 51. Except as provided in subd. 2., a Class I felony.
SB683,2,8 6(b) This subsection does not apply to a purchase by a physician, dentist,
7veterinarian, or pharmacist or a purchase that is authorized by a physician, dentist,
8or veterinarian.
SB683,2 9Section 2. 961.41 (3j) (a) 2. of the statutes is created to read:
SB683,2,1110 961.41 (3j) (a) 2. If the purchase is in person from a pharmacy or a pharmacist,
11a misdemeanor punishable under s. 939.61.
SB683,2,1212 (End)
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