Special use authorization.
Drug disposal programs.
Controlled substances therapeutic research.
Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance.
Law enforcement duty.
Prescription drug monitoring program.
Limitations on optometrists.
Limitation on advanced practice nurses.
OFFENSES AND PENALTIES
Prohibited acts A — penalties.
Prohibited acts B — penalties.
Prohibited acts C — penalties.
Penalties under other laws.
Immunity from criminal prosecution; possession.
Bar to prosecution.
Defenses in certain schedule V prosecutions.
Purchases of pseudoephedrine products on behalf of another person.
Using a child for illegal drug distribution or manufacturing purposes.
Distribution to persons under age 18.
Conditional discharge for possession or attempted possession as first offense.
Assessment; certain possession or attempted possession offenses.
Victim impact panels.
Second or subsequent offenses.
Offenses involving intent to deliver or distribute a controlled substance on or near certain places.
Possession or attempted possession of a controlled substance on or near certain places.
Suspension or revocation of operating privilege.
ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
Powers of enforcement personnel.
Administrative inspections and warrants.
Violations constituting public nuisance.
Cooperative arrangements and confidentiality.
Burden of proof; liabilities.
Possession of drug paraphernalia.
Manufacture or delivery of drug paraphernalia.
Delivery of drug paraphernalia to a minor.
Advertisement of drug paraphernalia.
Possessing materials for manufacturing methamphetamine.
Possession and disposal of waste from manufacture of methamphetamine.
Possession, use, manufacture, distribution, or advertisement of a masking agent.
Ch. 961 Note
See Chapter 161, 1993-94 Stats., for detailed notes on actions by the Controlled Substances Board. (Chapter 961 was renumbered from ch. 161 by 1995 Wis. Act 448
Declaration of intent.
The legislature finds that the abuse of controlled substances constitutes a serious problem for society. As a partial solution, these laws regulating controlled substances have been enacted with penalties. The legislature, recognizing a need for differentiation among those who would violate these laws makes this declaration of legislative intent:
Many of the controlled substances included in this chapter have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state.
The manufacture, distribution, delivery, possession and use of controlled substances for other than legitimate purposes have a substantial and detrimental effect on the health and general welfare of the people of this state.
Persons who illicitly traffic commercially in controlled substances constitute a substantial menace to the public health and safety. The possibility of lengthy terms of imprisonment must exist as a deterrent to trafficking by such persons. Upon conviction for trafficking, such persons should be sentenced in a manner which will deter further trafficking by them, protect the public from their pernicious activities, and restore them to legitimate and socially useful endeavors.
Persons who habitually or professionally engage in commercial trafficking in controlled substances and prescription drugs should, upon conviction, be sentenced to substantial terms of imprisonment to shield the public from their predatory acts. However, persons addicted to or dependent on controlled substances should, upon conviction, be sentenced in a manner most likely to produce rehabilitation.
Upon conviction, persons who casually use or experiment with controlled substances should receive special treatment geared toward rehabilitation. The sentencing of casual users and experimenters should be such as will best induce them to shun further contact with controlled substances and to develop acceptable alternatives to drug abuse.
History: 1971 c. 219
; 1995 a. 448
; Stats. 1995 s. 961.001.
Uniformity of interpretation.
This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
History: 1971 c. 219
; 1995 a. 448
; Stats. 1995 s. 961.61; 2005 a. 14
; Stats. 2005 s. 961.003.
This chapter may be cited as the “Uniform Controlled Substances Act".
History: 1971 c. 219
; 1995 a. 448
; Stats. 1995 s. 961.62; 2005 a. 14
; Stats. 2005 s. 961.005.
As used in this chapter:
“1,4-butanediol" means 1,4-butanediol as packaged, marketed, manufactured, or promoted for human consumption, but does not include 1,4-butanediol intended for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes.
“Administer", unless the context otherwise requires, means to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
A practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
The patient or research subject at the direction and in the presence of the practitioner.
“Agent", unless the context otherwise requires, means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. “Agent" does not include a common or contract carrier, public warehouse keeper or employee of the carrier or warehouse keeper while acting in the usual and lawful course of the carrier's or warehouse keeper's business.
“Anabolic steroid" means any drug or hormonal substance, chemically or pharmacologically related to testosterone, except estrogens, progestin, and corticosteroids, that promotes muscle growth. The term includes all of the substances included in s. 961.18 (7)
, and any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible within the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth.
Except as provided in par. (c)
, the term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States Secretary of Health and Human Services for such administration.
If a person prescribes, dispenses or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of par. (a)
“Cannabidiol product” means a derivative or extract of the plant C
annabis sativa L. that contains cannabidiol and a delta-9-tetrahydrocannabinol concentration at a level without a psychoactive effect.
“Controlled substance" means a drug, substance or immediate precursor included in schedules I to V of subch. II
“Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:
Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or
With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.
“Controlled substance analog" does not include:
A substance for which there is an approved new drug application;