Chapter 961

961.21(1m)(b) (b) The substance has currently accepted medical use in treatment in the United States; and

961.21(1m)(c) (c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances included in schedule IV.

961.21(2m) (2m) The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.

961.21 History History: 1971 c. 219; 1995 a. 448 ss. 221, 222, 480; Stats. 1995 s. 961.21.

961.22 961.22 Schedule V. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in schedule V:

961.22(2) (2) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

961.22(2)(a) (a) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

961.22(2)(b) (b) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.

961.22(2)(c) (c) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.

961.22(2)(d) (d) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.

961.22(2)(e) (e) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

961.22(2)(f) (f) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

961.22(2m) (2m) Pseudoephedrine. Pseudoephedrine or any of its salts, isomers, or salts of isomers.

961.22(3) (3) Other stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

961.22(3)(a) (a) Pyrovalerone.

961.22(4) (4) Ezogabine. Ezogabine or any of its salts, isomers, or salts of isomers.

961.22(5) (5) Pregabalin. Pregabalin or any of its salts, isomers, or salts of isomers.

961.22(6) (6) Brivaracetam. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide), including its salts, isomers or salts of isomers.

961.22(8) (8) Lasmiditan. Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide].

961.22(9) (9) Cenobamate. Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester).

961.22(10) (10) Lacosamide. Lacosamide.

961.22(11) (11) Ganaxolone. Ganaxolone.

961.22 History History: 1971 c. 219; 1981 c. 206; 1985 a. 135; 1995 a. 448 ss. 223 to 227, 481; Stats. 1995 s. 961.22; 2005 a. 14, 262; 2013 a. 351; 2021 a. 240 s. 30; ss. CSB 2.15, 2.17, 2.43, 2.65, 2.71, 2.73, 2.75, 2.88, 2.95, Wis. adm. code.

961.23 961.23 Dispensing of schedule V substances. The dispensing of schedule V substances is subject to the following conditions:

961.23(1) (1) They may be dispensed and sold only in good faith as a medicine and not for the purpose of evading this chapter.

961.23(2) (2) They may be sold at retail only by a pharmacist or, if the substance is a pseudoephedrine product, by a person who is working under the direction of a pharmacist when sold in a retail establishment. This subsection does not apply to a substance governed by s. 961.38 (4) (b).

961.23(3) (3) When sold in a retail establishment, they shall bear the name and address of the establishment on the immediate container of said preparation.

961.23(4) (4) 

961.23(4)(a) (a) Any person purchasing such a substance that is not a pseudoephedrine product shall, at the time of purchase, present to the seller that person’s correct name and address. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and the seller shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

961.23(4)(b) (b) Any person purchasing such a substance that is a pseudoephedrine product shall, at the time of purchase, present to the seller that person’s correct name, address, and an identification card containing the person’s photograph. The seller shall record the name, date of birth, and address of the purchaser; the name and quantity measured in grams of pseudoephedrine contained in the product purchased; the date and time purchased; the purchaser identification type and number, such as driver’s license state and number; and the name of the seller or, if the pseudoephedrine product is being sold by a person who is not a pharmacist, the name of the pharmacist supervising the seller. The purchaser shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

961.23(5) (5) No person may purchase more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

961.23(6) (6) No person other than a physician, dentist, veterinarian, or pharmacist may purchase more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period without the authorization of a physician, dentist, or veterinarian.

961.23(7) (7) No person other than a physician, dentist, veterinarian, or pharmacist may possess more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance at any time without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

961.23(8) (8) No person may sell a pseudoephedrine product to a person under 18 years of age, and no person under 18 years of age may purchase a pseudoephedrine product.

961.23 History History: 1971 c. 219; 1973 c. 12 s. 37; 1981 c. 206; 1993 a. 482; 1995 a. 448 s. 228; Stats. 1995 s. 961.23; 2005 a. 14, 262; 2011 a. 146; 2017 a. 25, 98, 364.

961.235 961.235 Records relating to sales of pseudoephedrine products.

961.235(1) (1) In this section:

961.235(1)(a) (a) “Records of pseudoephedrine sales” means records required under s. 961.23 (4) (b) with respect to the sale of a pseudoephedrine product.

961.235(1)(b) (b) “Stop sale alert” means a real-time notification to a seller of pseudoephedrine products that completion of the sale would result in the purchaser violating the pseudoephedrine quantity limits set forth in s. 961.23 (6).

961.235(1)(c) (c) “System” means the National Precursor Log Exchange (NPLEx) system, which is an electronic pseudoephedrine sales tracking system that is capable of generating stop sale alerts, and that is installed, operated, and maintained free of any one-time or recurring charge to the seller or to the state.

961.235(2) (2) Records of pseudoephedrine sales shall be kept in electronic format and shall be maintained by the pharmacy for at least 2 years. Except as provided in subs. (6) and (7), only a pharmacist may have access to records of pseudoephedrine sales and information contained in those records.

961.235(3m) (3m) Except as provided in sub. (4), a seller shall electronically submit records of pseudoephedrine sales to the system before completing a sale of a nonprescription pseudoephedrine product.

961.235(4) (4) If a seller who is attempting to complete a sale of a nonprescription pseudoephedrine product experiences mechanical or electronic failure of the system and is unable to comply with the requirement in sub. (3m), the seller may, subject to the requirement under s. 961.23 (4) (b), complete the sale without complying with the requirement under sub. (3m). The seller shall maintain a written log or an alternative electronic record-keeping mechanism until such time as the seller is able to comply with the requirement.

961.235(5) (5) A seller may not complete a sale of a nonprescription pseudoephedrine product if the system generates a stop sale alert unless the seller has a reasonable fear of imminent bodily harm if he or she does not complete the sale. The seller may use the system’s override function to complete the sale if he or she has a reasonable fear of imminent bodily harm.

961.235(6) (6) A pharmacist shall make records required under s. 961.23 (4) (b) available to a law enforcement officer who requests them. Law enforcement officers may make those records available to other persons or redisclose information from those records to other persons only in connection with a criminal investigation or prosecution under this chapter.

961.235(7) (7) The system shall provide real-time access through an online portal to records of pseudoephedrine sales submitted under sub. (3m) to the department of justice and to law enforcement officers in the state. Law enforcement officers may make those records available to other persons or redisclose information from those records to other persons only in connection with a criminal investigation or prosecution under this chapter.

961.235(8) (8) Absent negligence, wantonness, recklessness, or deliberate misconduct, any seller utilizing the system in accordance with this section shall not be civilly liable as a result of any act or omission in carrying out the duties required by this section and shall be immune from liability to any third party unless the seller has violated any provision of this section in relation to a claim brought for such a violation.

961.235 History History: 2005 a. 14, 262; 2017 a. 98.

961.24 961.24 Publishing of updated schedules. The controlled substances board shall publish updated schedules annually. The failure of the controlled substances board to publish an updated schedule under this section is not a defense in any administrative or judicial proceeding under this chapter.

961.24 History History: 1971 c. 219; 1993 a. 213; 1995 a. 448 s. 229; Stats. 1995 s. 961.24.

961.25 961.25 Controlled substance analog treated as a schedule I substance. A controlled substance analog, to the extent it is intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in schedule I, unless a different treatment is specifically provided. No later than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to emergency scheduling under s. 961.11 (4m). After a final determination by the controlled substances board that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

961.25 History History: 1995 a. 448.

subch. III of ch. 961 SUBCHAPTER III

REGULATION OF MANUFACTURE, DISTRIBUTION,
DISPENSING AND POSSESSION OF
CONTROLLED SUBSTANCES

961.31 961.31 Rules. The pharmacy examining board may promulgate rules relating to the manufacture, distribution and dispensing of controlled substances within this state.

961.31 History History: 1971 c. 219; 1995 a. 448 s. 231; Stats. 1995 s. 961.31.

961.31 Cross-reference Cross-reference: See also ch. Phar 8, Wis. adm. code.

961.32 961.32 Possession authorization.

961.32(1m) (1m) 

961.32(1m)(a) (a) Persons registered under federal law to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances in this state to the extent authorized by their federal registration and in conformity with the other provisions of this chapter.

961.32(1m)(b) (b) The following persons need not be registered under federal law to lawfully possess controlled substances in this state:

961.32(1m)(b)1. 1. An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment;

961.32(1m)(b)2. 2. A common or contract carrier or warehouse keeper, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

961.32(1m)(b)3. 3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.

961.32(1m)(b)4. 4. Any person exempted under federal law, or for whom federal registration requirements have been waived.

961.32(1m)(b)5. 5. A person actively engaged in the direct operation or implementation of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a).

961.32(2m) (2m) 

961.32(2m)(a) (a) In this subsection, “certification” means a letter or other official document issued by a physician licensed under s. 448.04 (1) (a) that contains all of the following:

961.32(2m)(a)1. 1. The name, address, and telephone number of the physician.

961.32(2m)(a)2. 2. The name and address of the patient who is issued the letter or document.

961.32(2m)(a)3. 3. The date on which the letter or document is issued.

961.32(2m)(b) (b) An individual may possess a cannabidiol product if the individual has certification stating that the individual possesses a cannabidiol product to treat a medical condition, if the certification has an issue date that is no more than one year prior to the possession, and if any expiration date provided by the physician in the certification has not passed. A certification is not required to possess hemp, as defined in s. 94.55 (1), or a prescription drug product that has been approved by the U.S. food and drug administration.

961.32(3) (3) 

961.32(3)(a) (a) In this subsection:

961.32(3)(a)1. 1. “Cannabis” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not.

961.32(3)(a)2. 2. “Hemp” has the meaning given in s. 94.55 (1).

961.32(3)(b) (b) A person who is not otherwise violating s. 94.55 or rules promulgated by the department of agriculture, trade and consumer protection under s. 94.55 may not be prosecuted for a criminal offense under this chapter, or under an ordinance enacted under s. 59.54 (25) or 66.0107 (1) (bm), for any of the following:

961.32(3)(b)1. 1. Planting, growing, cultivating, harvesting, producing, processing, or transporting cannabis that contains a delta-9-tetrahydrocannabinol concentration of the crop of not more than 0.7 percent above the permissible limit for hemp on a dry weight basis or that is grown from hemp seed certified under s. 94.55 (2) (c) or approved for growing by the department of agriculture, trade and consumer protection under s. 94.55 (2) (f).

961.32(3)(b)3. 3. Selling, transferring, importing, exporting, processing, transporting, harvesting, or taking possession of cannabis that has been tested and certified, by the department of agriculture, trade and consumer protection or a person approved by the department of agriculture, trade and consumer protection under s. 94.55 (2) (b) 4g., as meeting the permissible delta-9-tetrahydrocannabinol concentration limit for hemp if the person has no reason to believe that the test certification is incorrect.

961.32(3)(b)4. 4. Possessing cannabis that contains a delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent above the permissible limit for hemp on a dry weight basis if the possessor reconditions or processes the cannabis to a delta-9-tetrahydrocannabinol concentration at or below the permissible limit for hemp with the approval of the department of agriculture, trade and consumer protection of those actions.

961.32(3)(b)4m. 4m. Temporarily possessing cannabis during the normal course of processing hemp if the possessor reconditions or processes the cannabis to a delta-9-tetrahydrocannabinol concentration at or below the permissible limit for hemp within a reasonable amount of time.

961.32(3)(b)4r. 4r. Possessing cannabis purchased or obtained at retail that contains a delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent above the permissible limit for hemp if the possessor has no reason to believe that the cannabis contains a delta-9-tetrahydrocannabinol concentration above the permissible limit for hemp.

961.32(3)(b)5. 5. Taking samples of cannabis, transporting samples to a testing facility, or testing samples for their delta-9-tetrahydrocannabinol concentration or for the presence of other substances.

961.32(3)(c) (c) A person who violates s. 94.55 or a rule promulgated under s. 94.55 may not be prosecuted under s. 94.55 or this chapter unless the person is referred to the district attorney for the county in which the violation occurred or to the department of justice by the department of agriculture, trade and consumer protection, and may not be prosecuted under an ordinance enacted under s. 59.54 (25) or 66.0107 (1) (bm), unless the person is referred to the local prosecuting authority by the department of agriculture, trade and consumer protection.

961.32(3)(cm) (cm) A hemp producer that negligently violates s. 94.55 or a rule promulgated under s. 94.55, as described under s. 94.55 (2g) (a), may not be prosecuted under s. 94.55 or this chapter or an ordinance enacted under s. 59.54 (25) or 66.0107 (1) (bm).

961.32(3)(d) (d) Notwithstanding s. 961.41 (4) (am) 2. a., engaging in an activity described under s. 94.55 (2) (a) does not constitute prima facie evidence of a prohibited representation under s. 961.41 (4) (am) 1. a. or b.

961.32 History History: 1971 c. 219, 336; 1983 a. 500 s. 43; 1993 a. 482; 1995 a. 448 s. 232; Stats. 1995 s. 961.32; 2013 a. 198; 2017 a. 4, 100; 2019 a. 68.

961.32 Annotation A doctor or dentist who dispenses drugs to a patient within the course of professional practice is not subject to criminal liability. State v. Townsend, 107 Wis. 2d 24, 318 N.W.2d 361 (1982).

961.335 961.335 Special use authorization.