961.11 Authority to control. (1) The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures of ch. 227. (1m) In making a determination regarding a substance, the board shall consider the following: (a) The actual or relative potential for abuse; (b) The scientific evidence of its pharmacological effect, if known; (c) The state of current scientific knowledge regarding the substance; (d) The history and current pattern of abuse; (e) The scope, duration and significance of abuse; (f) The risk to the public health; (g) The potential of the substance to produce psychological or physical dependence liability; and (h) Whether the substance is an immediate precursor of a substance already controlled under this chapter. (1r) The controlled substances board may consider findings of the federal food and drug administration or the drug enforcement administration as prima facie evidence relating to one or more of the determinative factors. (2) After considering the factors enumerated in sub. (1m), the
Updated 23-24 Wis. Stats.
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controlled substances board shall make findings with respect to them and promulgate a rule controlling the substance upon finding that the substance has a potential for abuse. (3) The controlled substances board, without regard to the findings required by sub. (2) or ss. 961.13, 961.15, 961.17,