Chapter 961, UNIFORM CONTROLLED SUBSTANCES ACT

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 dif…

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. History: 1971 c. 219; 1995 a. 448 s. 322; Stats. 1995 s…

961.005 Short title. This chapter may be cited as the “Uniform Controlled Substances Act”. History: 1971 c. 219; 1995 a. 448 s. 323; Stats. 1995 s. 961.62; 2005 a. 14 s. 40; Stats. 2005 s. 961.005. SUBCHAPTER I DEFINITIONS

961.01 Definitions. As used in this chapter: (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 …

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…

961.115 Native American Church exemption. This chapter does not apply to the nondrug use of peyote and mescaline in the bona fide religious ceremonies of the Native American Church. History: 1971 c. 219; 1995 a. 448 s. 153; Stats. 1995 s. 961.115. Because the exemption is based u…

961.12 Nomenclature. The controlled substances listed in or added to the schedules in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 may be listed or added by any official, common, usual, chemical or trade name used for the substance. History: 1971 c. 219; 1995 a. 448 s. 154; Stat…

961.13 Schedule I tests. (1m) The controlled substances board shall add a substance to schedule I upon finding that the substance: (a) Has high potential for abuse; (b) Has no currently accepted medical use in treatment in the United States; and (c) Lacks accepted safety for use …

961.14 Schedule I. Unless specifically excepted by state or federal law or regulation or more specifically included in another 961.14 schedule, the following controlled substances are listed in schedule I: (2) SYNTHETIC OPIATES. Any material, compound, mixture or preparation whic…

961.15 Schedule II tests. (1m) The controlled substances board shall add a substance to schedule II upon finding that: (a) The substance has high potential for abuse; (b) The substance has currently accepted medical use in treatment in the United States, or currently accepted med…

961.16 Schedule II. 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 II: (2) SUBSTANCES OF PLANT ORIGIN. Any material, compound, mixture or preparation …

961.17 Schedule III tests. (1m) The controlled substances board shall add a substance to schedule III upon finding that: (a) The substance has a potential for abuse less than the substances included in schedules I and II; (b) The substance has currently accepted medical use in tr…

961.18 Schedule III. 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 III: (2m) STIMULANTS. Any material, compound, mixture, or preparation which contai…

961.19 Schedule IV tests. (1m) The controlled substances board shall add a substance to schedule IV upon finding that: (a) The substance has a low potential for abuse relative to substances included in schedule III; (b) The substance has currently accepted medical use in treatmen…

961.20 Schedule IV. 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 IV: (2) DEPRESSANTS. Any material, compound, mixture or preparation which contains …

961.21 Schedule V tests. (1m) The controlled substances board shall add a substance to schedule V upon finding that: (a) The substance has low potential for abuse relative to the controlled substances included in schedule IV; (b) The substance has currently accepted medical use i…

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. …

961.23 Dispensing of schedule V substances. The dispensing of schedule V substances is subject to the following conditions: (1) They may be dispensed and sold only in good faith as a medicine and not for the purpose of evading this chapter. (2) They may be sold at retail only by …

961.235 Records relating to sales of pseudoephedrine products. (1) In this section: (a) “Records of pseudoephedrine sales” means records required under s. 961.23 (4) (b) with respect to the sale of a pseudoephedrine product. (b) “Stop sale alert” means a real-time notification to…

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 t…

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 spec…

961.31 Rules. The pharmacy examining board may promulgate rules relating to the manufacture, distribution and dispensing of controlled substances within this state. History: 1971 c. 219; 1995 a. 448 s. 231; Stats. 1995 s. 961.31. Cross-reference: See also ch. Phar 8, Wis. adm. co…

961.32 Possession authorization. (1m) (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 …

961.335 Special use authorization. (1) (a) Upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, …

961.337 Drug disposal programs. Nothing in this chapter, or rules promulgated under this chapter, prohibits any of the following: (1) 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…

961.34 Controlled substances therapeutic research. (1) Upon the request of any practitioner, the controlled substances board shall aid the practitioner in applying for and processing an investigational drug permit for marijuana under 21 USC 355 (i). If the federal food and drug a…

961.36 Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance. (1) The controlled substances board shall regularly prepare and make available to state regulatory, licensing and law enfor…

961.37 Law enforcement duty. (1) A law enforcement officer shall report as provided in sub. (2) if the law enforcement officer, while acting in an official capacity, does any of the following: (a) Encounters a situation in which the law enforcement officer reasonably suspects tha…

961.38 Prescriptions. (1g) In this section, “medical treatment” includes dispensing or administering a narcotic drug for pain, including intractable pain. (1n) (a) A pharmacy or physician approved under s. 961.34 (2) may dispense cannabidiol products as a treatment for a medical …

961.385 Prescription drug monitoring program. (1) In this section: (a) “Administer” means the direct application of a monitored prescription drug, whether by injection, ingestion, or any other means, to the body of a patient by any of the following: 1. A practitioner or his or he…

961.39 Limitations on optometrists. An optometrist who is allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents and under s. 449.18 (6) (am) 2. b. to dispense a contact lens that delivers a therapeutic pharmaceutical agent: (1) May not prescribe, dispense, or admin…

961.395 Limitation on advanced practice registered nurses. (1) An advanced practice registered nurse who may issue prescription orders under s. 441.09 (2) may prescribe controlled substances only as permitted by the rules promulgated under s. 441.09 (6) (a) 4. NOTE: Section 961.3…

961.41 Prohibited acts A — penalties. (1) MANUFACTURE, DISTRIBUTION OR DELIVERY. Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsectio…

961.42 Prohibited acts B — penalties. 961.42(1)(1) It is unlawful for any person knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place, which is resorted to by persons using controlled substances in viola…

961.43 Prohibited acts C — penalties. (1) It is unlawful for any person: (a) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; (b) Without authorization, to make, distribute or possess any punch, die, plate, s…

961.435 Specific penalty. Any person who violates s. 961.38 (5) may be fined not more than $500 or imprisoned not more than 30 days or both. History: 1975 c. 190; 1995 a. 448 s. 269; Stats. 1995 s. 961.435.

961.44 Penalties under other laws. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. History: 1971 c. 219; 1995 a. 448 s. 271; Stats. 1995 s. 961.44.

961.442 Penalties; hemp. If a person attempts to conceal the commission of a crime under this chapter while representing that he or she is engaging in the planting, growing, cultivating, harvesting, producing, processing, transporting, importing, exporting, selling, transferring,…

961.443 Immunity from criminal prosecution; possession. (1) DEFINITIONS. In this section, “aider” means a person who does any of the following: (a) Brings another person to an emergency room, hospital, fire station, or other health care facility and makes contact with an individu…

961.444 Person seeking assistance following sexual assault; immunity from prosecution. (1) DEFINITION. In this section, “sexual assault” means conduct that is in violation of s. 940.22 (2), 940.225, 940.302, or 944.06 or a crime under ch. 948 that involves sexual contact or sexua…

961.45 Bar to prosecution. If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. History: 1971 c. 219; 1995 a. 448…

961.452 Defenses in certain schedule V prosecutions. (1) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41 (1) (j) that is based on the person’s violation of a condition specified in s. 961.23 with respect to …

961.453 Purchases of pseudoephedrine products on behalf of another person. (1) (a) No person may, with the intent to acquire more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period, knowingly solicit, hire, direct, employ, or use anoth…

961.455 Using a child for illegal drug distribution or manufacturing purposes. (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is under the age of 17 years for the purpose of violating s. 961.41 (1) is guilt…

961.46 Distribution to persons under age 18. If a person 17 years of age or over violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applic…

961.47 Conditional discharge for possession or attempted possession as first offense. (1) Whenever any person who has not previously been convicted of any offense un- 961.472 der this chapter, or of any offense under any statute of the United States or of any state or of any coun…

961.472 Assessment; certain possession or attempted possession offenses. (1) In this section, “facility” means an approved public treatment facility, as defined under s. 51.45 (2) (c). (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession …

961.473 Victim impact panels. If a person pleads guilty to or is found guilty of a violation of this chapter, the court may order the person to attend a program, such as a victim impact panel, that demonstrates the adverse effects of substance abuse on an individual or an individ…

961.475 Treatment option. Whenever any person pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g), the court may, upon request of the person and with the consent of a treatment fac…

961.48 Second or subsequent offenses. (1) If a person is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under sub. (3) and the person is convicted of that 2nd or subsequent offense, the maximum term of imprisonment…