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Chapter 961 Uniform Controlled Substances Act

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Chapter 961 Uniform Controlled Substances Act 1 Updated 03−04 Wis. Stats. Database UNIFORM CONTROLLED SUBSTANCES ACT 961.01 CHAPTER 961 UNIFORM CONTROLLED SUBSTANCES ACT 961.001 Declaration of intent. 961.43 Prohibited acts C—penalties. SUBCHAPTER I 961.435 Specific penalty. DEFINITIONS 961.437 Possession and disposal of waste from manufacture of methamphetamine. 961.01 Definitions. 961.44 Penalties under other laws. SUBCHAPTER II 961.45 Bar to prosecution. 961.455 Using a child for illegal drug distribution or manufacturing purposes. STANDARDS AND SCHEDULES 961.46 Distribution to persons under age 18. 961.11 Authority to control. 961.47 Conditional discharge for possession or attempted possession as first 961.115 Native American Church exemption. offense. 961.12 Nomenclature. 961.472 Assessment; certain possession or attempted possession offenses. 961.13 Schedule I tests. 961.475 Treatment option. 961.14 Schedule I. 961.48 Second or subsequent offenses. 961.15 Schedule II tests. 961.49 Distribution of or possession with intent to deliver a controlled substance 961.16 Schedule II. on or near certain places. 961.17 Schedule III tests. 961.495 Possession or attempted possession of a controlled substance on or near 961.18 Schedule III. certain places. 961.19 Schedule IV tests. 961.50 Suspension or revocation of operating privilege. 961.20 Schedule IV. SUBCHAPTER V 961.21 Schedule V tests. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS 961.22 Schedule V. 961.51 Powers of enforcement personnel. 961.23 Dispensing of schedule V substances. 961.52 Administrative inspections and warrants. 961.24 Publishing of updated schedules. 961.53 Violations constituting public nuisance. 961.25 Controlled substance analog treated as a schedule I substance. 961.54 Cooperative arrangements and confidentiality. SUBCHAPTER III 961.55 Forfeitures. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF 961.555 Forfeiture proceedings. CONTROLLED SUBSTANCES 961.56 Burden of proof; liabilities. 961.31 Rules. 961.565 Enforcement reports. 961.32 Possession authorization. SUBCHAPTER VI 961.335 Special use authorization. DRUG PARAPHERNALIA 961.34 Controlled substances therapeutic research. 961.571 Definitions. 961.36 Controlled substances board duties relating to diversion control and pre- 961.572 Determination. vention, compliance with controlled substances law and advice and 961.573 Possession of drug paraphernalia. assistance. 961.574 Manufacture or delivery of drug paraphernalia. 961.38 Prescriptions. 961.575 Delivery of drug paraphernalia to a minor. 961.39 Limitations on optometrists. 961.576 Advertisement of drug paraphernalia. 961.395 Limitation on advanced practice nurses. 961.577 Municipal ordinances. SUBCHAPTER IV SUBCHAPTER VII OFFENSES AND PENALTIES MISCELLANEOUS 961.41 Prohibited acts A—penalties. 961.61 Uniformity of interpretation. 961.42 Prohibited acts B—penalties. 961.62 Short title. NOTE: See Chapter 161, 1993−94 Stats., for detailed notes on actions by the of imprisonment to shield the public from their predatory acts. Controlled Substances Board. (Chapter 961 was renumbered from ch. 161 by 1995 Wis. Act 448.) However, persons addicted to or dependent on controlled sub- stances should, upon conviction, be sentenced in a manner most likely to produce rehabilitation. 961.001 Declaration of intent. The legislature finds that the (3) Upon conviction, persons who casually use or experiment abuse of controlled substances constitutes a serious problem for with controlled substances should receive special treatment society. As a partial solution, these laws regulating controlled geared toward rehabilitation. The sentencing of casual users and substances have been enacted with penalties. The legislature, rec- experimenters should be such as will best induce them to shun fur- ognizing a need for differentiation among those who would vio- ther contact with controlled substances and to develop acceptable late these laws makes this declaration of legislative intent: alternatives to drug abuse. (1g) Many of the controlled substances included in this chap- History: 1971 c. 219; 1995 a. 448 ss. 107 to 110, 462, 463; Stats. 1995 s. 961.001. ter have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state. SUBCHAPTER I (1m) The manufacture, distribution, delivery, possession and DEFINITIONS 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. 961.01 Definitions. As used in this chapter: (1r) Persons who illicitly traffic commercially in controlled (1) “Administer”, unless the context otherwise requires, substances constitute a substantial menace to the public health and means to apply a controlled substance, whether by injection, safety. The possibility of lengthy terms of imprisonment must inhalation, ingestion or any other means, to the body of a patient exist as a deterrent to trafficking by such persons. Upon convic- or research subject by: tion for trafficking, such persons should be sentenced in a manner (a) A practitioner or, in the practitioner’s presence, by the prac- which will deter further trafficking by them, protect the public titioner’s authorized agent; or from their pernicious activities, and restore them to legitimate and (b) The patient or research subject at the direction and in the socially useful endeavors. presence of the practitioner. (2) Persons who habitually or professionally engage in com- (2) “Agent”, unless the context otherwise requires, means an mercial trafficking in controlled substances and prescription authorized person who acts on behalf of or at the direction of a drugs should, upon conviction, be sentenced to substantial terms manufacturer, distributor or dispenser. “Agent” does not include Wisconsin Statutes Archive. 961.01 UNIFORM CONTROLLED SUBSTANCES ACT Updated 03−04 Wis. Stats. Database 2 a common or contract carrier, public warehouse keeper or (9) “Distribute” means to deliver other than by administering employee of the carrier or warehouse keeper while acting in the or dispensing a controlled substance or controlled substance ana- usual and lawful course of the carrier’s or warehouse keeper’s log. business. (10) “Distributor” means a person who distributes. (2m) (a) “Anabolic steroid” means any drug or hormonal (10m) “Diversion” means the transfer of any controlled sub- substance, chemically or pharmacologically related to testoster- stance from a licit to an illicit channel of distribution or use. one, except estrogens, progestin, and corticosteroids, that pro- (11) (a) “Drug” means any of the following: motes muscle growth. The term includes all of the substances 1. A substance recognized as a drug in the official United included in s. 961.18 (7), and any of their esters, isomers, esters States Pharmacopoeia, official Homeopathic Pharmacopoeia of of isomers, salts and salts of esters, isomers and esters of isomers, the United States or official National Formulary or any supple- that are theoretically possible within the specific chemical desig- ment to any of them. nation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth. 2. A substance intended for use in the diagnosis, cure, mitiga- tion, treatment or prevention of disease in humans or animals. (b) Except as provided in par. (c), the term does not include an 3. A substance, other than food, intended to affect the struc- anabolic steroid which is expressly intended for administration ture or any function of the body of humans or animals. through implants to cattle or other nonhuman species and which has been approved by the United States Secretary of Health and 4. A substance intended for use as a component of any article Human Services for such administration. specified in subd. 1., 2. or 3. (c) If a person prescribes, dispenses or distributes such steroid (b) “Drug” does not include devices or their components, parts for human use, such person shall be considered to have prescribed, or accessories. dispensed or distributed an anabolic steroid within the meaning of (11m) “Drug enforcement administration” means the drug par. (a). enforcement administration of the U.S. department of justice or its (4) “Controlled substance” means a drug, substance or imme- successor agency. diate precursor included in schedules I to V of subch. II. (12) “Immediate precursor” means a substance which the (4m) (a) “Controlled substance analog” means a substance controlled substances board has found to be and by rule designates as being the principal compound commonly used or produced pri- the chemical structure of which is substantially similar to the marily for use, and which is an immediate chemical intermediary chemical structure of a controlled substance included in schedule used or likely to be used in the manufacture of a controlled sub- I or II and: stance, the control of which is necessary to prevent, curtail or limit 1. Which has a stimulant, depressant, narcotic or hallucino- manufacture. genic effect on the central nervous system substantially similar to (12g) “Isomer” means an optical isomer, but in ss. 961.14 (2) the stimulant, depressant, narcotic or hallucinogenic effect on the (er) and (qs) and 961.16 (2) (b) 1. “isomer” includes any geometric central nervous system of a controlled substance included in isomer; in ss. 961.14 (2) (cg), (tg) and (xm) and 961.20 (4) (am) schedule I or II; or “isomer” includes any positional isomer; and in ss. 961.14 (2) (rj) 2. With respect to a particular individual, which the individual and (4) and 961.18 (2m) “isomer” includes any positional or geo- represents or intends to have a stimulant, depressant, narcotic or metric isomer. hallucinogenic effect on the central nervous system substantially (12m) “Jail or correctional facility” means any of the follow- similar to the stimulant, depressant, narcotic or hallucinogenic ing: effect on the central nervous system of a controlled substance (a) A Type 1 prison, as defined in s. 301.01 (5). included in schedule I or II. (b) A jail, as defined in s. 302.30. (b) “Controlled substance analog” does not include: (c) A house of correction.
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