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961.335   Special use authorization.
961.337   Drug disposal programs.
961.34   Controlled substances therapeutic research.
961.36   Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance.
961.37   Law enforcement duty.
961.38   Prescriptions.
961.385   Prescription drug monitoring program.
961.39   Limitations on optometrists.
961.395   Limitation on advanced practice nurses.
961.41   Prohibited acts A — penalties.
961.42   Prohibited acts B — penalties.
961.43   Prohibited acts C — penalties.
961.435   Specific penalty.
961.44   Penalties under other laws.
961.442   Penalties; hemp.
961.443   Immunity from criminal prosecution; possession.
961.45   Bar to prosecution.
961.452   Defenses in certain schedule V prosecutions.
961.453   Purchases of pseudoephedrine products on behalf of another person.
961.455   Using a child for illegal drug distribution or manufacturing purposes.
961.46   Distribution to persons under age 18.
961.47   Conditional discharge for possession or attempted possession as first offense.
961.472   Assessment; certain possession or attempted possession offenses.
961.473   Victim impact panels.
961.475   Treatment option.
961.48   Second or subsequent offenses.
961.49   Offenses involving intent to deliver or distribute a controlled substance on or near certain places.
961.495   Possession or attempted possession of a controlled substance on or near certain places.
961.50   Suspension or revocation of operating privilege.
961.51   Powers of enforcement personnel.
961.52   Administrative inspections and warrants.
961.53   Violations constituting public nuisance.
961.54   Cooperative arrangements and confidentiality.
961.55   Forfeitures.
961.555   Forfeiture proceedings.
961.56   Burden of proof; liabilities.
961.565   Enforcement reports.
961.571   Definitions.
961.572   Determination.
961.573   Possession of drug paraphernalia.
961.574   Manufacture or delivery of drug paraphernalia.
961.575   Delivery of drug paraphernalia to a minor.
961.576   Advertisement of drug paraphernalia.
961.577   Municipal ordinances.
961.65   Possessing materials for manufacturing methamphetamine.
961.67   Possession and disposal of waste from manufacture of methamphetamine.
961.69   Possession, use, manufacture, distribution, or advertisement of a masking agent.
Ch. 961 Note 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.)
961.001 961.001 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:
961.001(1g) (1g)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.
961.001(1m) (1m)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.
961.001(1r) (1r)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.
961.001(2) (2)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.
961.001(3) (3)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.
961.001 History History: 1971 c. 219; 1995 a. 448 ss. 107 to 110, 462, 463; Stats. 1995 s. 961.001.
961.003 961.003 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.
961.003 History History: 1971 c. 219; 1995 a. 448 s. 322; Stats. 1995 s. 961.61; 2005 a. 14 s. 39; Stats. 2005 s. 961.003.
961.005 961.005 Short title. This chapter may be cited as the “Uniform Controlled Substances Act".
961.005 History History: 1971 c. 219; 1995 a. 448 s. 323; Stats. 1995 s. 961.62; 2005 a. 14 s. 40; Stats. 2005 s. 961.005.
subch. I of ch. 961 SUBCHAPTER I
961.01 961.01 Definitions. As used in this chapter:
961.01(1g) (1g)“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.
961.01(1r) (1r)“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:
961.01(1r)(a) (a) A practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
961.01(1r)(b) (b) The patient or research subject at the direction and in the presence of the practitioner.
961.01(2) (2)“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.
961.01(2m) (2m)
961.01(2m)(a)(a) “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.
961.01(2m)(b) (b) 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.
961.01(2m)(c) (c) 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).
961.01(3r) (3r)“Cannabidiol product” means a derivative or extract of the plant Cannabis sativa L. that contains cannabidiol and a delta-9-tetrahydrocannabinol concentration at a level without a psychoactive effect.
961.01(4) (4)“Controlled substance" means a drug, substance or immediate precursor included in schedules I to V of subch. II.
961.01(4m) (4m)
961.01(4m)(a)(a) “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:
961.01(4m)(a)1. 1. 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
961.01(4m)(a)2. 2. 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.
961.01(4m)(b) (b) “Controlled substance analog" does not include:
961.01(4m)(b)1. 1. A controlled substance;
961.01(4m)(b)2. 2. A substance for which there is an approved new drug application;
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 31, 2020. Published and certified under s. 35.18. Changes effective after October 31, 2020, are designated by NOTES. (Published 10-31-20)