reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.19 - Schedule IV tests.

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 treatment in the United States; and
(c)
Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in schedule III.
(2m)
The controlled substances board may add a substance to schedule IV without making the findings required under sub. (1m) if the substance is controlled under schedule IV of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.
History:  1971 c. 219; 1995 a. 448 ss. 201, 202, 477; Stats. 1995 s. 961.19.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.21 - Schedule V tests.

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 in treatment in the United States; and
(c)
The substance has limited physical dependence or psychological dependence liability relative to the controlled substances included in schedule IV.
(2m)
The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.
History:  1971 c. 219; 1995 a. 448 ss. 221, 222, 480; Stats. 1995 s. 961.21.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.22 - Schedule V.

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:
(2)
Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(a)
Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
(b)
Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
(c)
Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
(d)
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
(e)
Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(f)
Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(2m)
Pseudoephedrine. Pseudoephedrine or any of its salts, isomers, or salts of isomers.
(3)
Other stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
(a)
Pyrovalerone.
(4)
Ezogabine. Ezogabine or any of its salts, isomers, or salts of isomers.
(5)
Pregabalin. Pregabalin or any of its salts, isomers, or salts of isomers.
(6)
Brivaracetam. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide), including its salts, isomers or salts of isomers.
(8)
Lasmiditan. Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide].
(9)
Cenobamate. Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester).
(10)
Lacosamide. Lacosamide.
(11)
Ganaxolone. Ganaxolone.
History:  1971 c. 219; 1981 c. 206; 1985 a. 135; 1995 a. 448 ss. 223 to 227, 481; Stats. 1995 s. 961.22; 2005 a. 14, 262; 2013 a. 351; 2021 a. 240 s. 30; ss. CSB 2.15, 2.17, 2.43, 2.65, 2.71, 2.73, 2.75, 2.88, 2.95, Wis. adm. code.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.24 - Publishing of updated schedules.

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 this chapter.
History:  1971 c. 219; 1993 a. 213; 1995 a. 448 s. 229; Stats. 1995 s. 961.24.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.25 - Controlled substance analog treated as a schedule I substance.

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 specifically provided. No later than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to emergency scheduling under s. 961.11 (4m). After a final determination by the controlled substances board that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.
History:  1995 a. 448.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.31 - Rules.

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.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.337 - Drug disposal programs.

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, as defined in s. 165.65 (1) (a).
(2)
The transfer by the ultimate user, or by another person that lawfully possesses the controlled substance or controlled substance analog, of a controlled substance or controlled substance analog to a drug disposal program that has been authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a), and that accepts the controlled substance or controlled substance analog.
History:  2013 a. 198.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.34 - Controlled substances therapeutic research.

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 administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies can distribute the marijuana to patients upon written prescription. Only pharmacies located within hospitals are eligible to receive the marijuana for distribution. The controlled substances board shall also approve which practitioners can write prescriptions for the marijuana.
(2)
Upon the request of any physician, the controlled substances board shall aid the physician in applying for and processing an investigational drug permit under 21 USC 355 (i) for cannabidiol as treatment for a medical condition.
History:  1981 c. 193; 1983 a. 189 s. 329 (18); 1985 a. 146 s. 8; 1995 a. 448 ss. 16 to 19; Stats. 1995 s. 961.34; 2013 a. 267; 2019 a. 68.
Reefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.36 - Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance.

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 enforcement agencies descriptive and analytic reports on the potential for diversion and actual patterns and trends of distribution, diversion and abuse within the state of certain controlled substances the board selects that are listed in s. 961.16, 961.18, 961.20 or 961.22.
(1m)
At the request of the department of safety and professional services or a board, examining board or affiliated credentialing board in the department of safety and professional services, the controlled substances board shall provide advice and assistance in matters related to the controlled substances law to the department or to the board, examining board or affiliated credentialing board in the department making the request for advice or assistance.
(2)
The controlled substances board shall enter into written agreements with local, state and federal agencies to improve the identification of sources of diversion and to improve enforcement of and compliance with this chapter and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent or control drug diversion and drug abuse. The board shall convene periodic meetings to coordinate a state diversion prevention and control program. The board shall assist and promote cooperation and exchange of information among agencies and with other states and the federal government.
(3)
The controlled substances board shall evaluate the outcome of its program under this section and shall annually submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (3), on its findings with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances.
History:  1981 c. 200; 1987 a. 186; 1995 a. 305 ss. 2, 3; 1995 a. 448 s. 234; Stats. 1995 s. 961.36; 1997 a. 35 s. 339; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.37 - Law enforcement duty.

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 that a violation of this chapter involving a monitored prescription drug, as defined in s. 961.385 (1) (ag), is occurring or has occurred.
(b)
Encounters an individual who the law enforcement officer believes is undergoing or has immediately prior experienced an opioid-related drug overdose, as defined in s. 256.40 (1) (d), or a deceased individual who the law enforcement officer believes died as a result of using a narcotic drug.
(c)
Receives a report of a stolen controlled-substance prescription.
(2)
A law enforcement officer under sub. (1) shall report to the law enforcement agency that employs him or her all of the following:
(a)
The name and date of birth of all of the following, if applicable:
1.
The individual who is suspected of violating this chapter.
2.
The individual who experienced an opioid-related drug overdose.
3.
The individual who died as a result of using a narcotic drug.
4.
The individual who filed the report of a stolen controlled-substance prescription.
5.
The individual for whom a prescription drug related to an event under subd. 1., 2., 3., or 4. was prescribed.
(b)
The name of the prescribing practitioner, the prescription number, and the name of the drug as it appears on the prescription order or prescription medicine container if a prescription medicine container was in the vicinity of the suspected violation, drug overdose, or death or if a controlled-substance prescription was reported stolen.
(3)
(a)
The law enforcement agency receiving the report under sub. (2) shall, except as provided under par. (b), submit notice of the suspected violation of this chapter, the opioid-related drug overdose, the death as a result of using a narcotic drug, or the report of a stolen controlled-substance prescription, and the information reported under sub. (2) to the prescription drug monitoring program.
(b)
If a law enforcement agency determines that submitting any information under par. (a) would interfere with an active criminal investigation, the law enforcement agency may postpone the action until the investigation concludes.
History:  2015 a. 268.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.38 - Prescriptions.

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 condition.
(b)
A physician licensed under s. 448.04 (1) (a) may issue an individual a certification, as defined in s. 961.32 (2m) (a), stating that the individual possesses a cannabidiol product to treat a medical condition.
(1r)
Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance included in schedule II may be dispensed without the written hard copy or electronic prescription of a practitioner.
(2)
In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon an oral prescription of a practitioner, reduced promptly to a written hard copy or electronic record and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 961.31. No prescription for a schedule II substance may be refilled.
(3)
Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.
(4)
(a)
A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
(b)
Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance specified in s. 961.22 (2) shall not be dispensed without a written, oral, or electronic prescription of a practitioner.
(4g)
A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.
(4r)
A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
(5)
No practitioner shall prescribe, orally, electronically or in writing, or take without a prescription a controlled substance included in schedule I, II, III or IV for the practitioner's own personal use.
History:  1971 c. 219; 1975 c. 190, 421; 1977 c. 203; 1995 a. 448 ss. 235 to 240, 483 to 485; Stats. 1995 s. 961.38; 1997 a. 27; 2011 a. 159; 2013 a. 267; 2017 a. 4, 25; 2019 a. 68.
Reefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.39 - Limitations on optometrists.

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 administer a controlled substance included in schedule I or II.
(2)
May prescribe, dispense, or administer only those controlled substances included in schedules III, IV, and V that are permitted for prescription or administration under the rules promulgated under s. 449.18 (6) (cm).
(2m)
Notwithstanding sub. (1), may prescribe, dispense, or administer any of the following, if permitted for prescription or administration under the rules promulgated under s. 449.18 (6) (cm):
(a)
Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with a four-fold or greater quantity of an isoquinoline alkaloid of opium.
(b)
Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(3)
Shall include with each prescription order all of the following:
(a)
A statement that he or she is allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents.
(b)
The indicated use of the controlled substance included in schedule III, IV, or V so prescribed or the indicated use of the controlled substance under sub. (2m) (a) or (b) so prescribed.
(4)
May not dispense other than as provided under s. 449.18 (6) (am) 2.
History:  1989 a. 31; 1995 a. 448 s. 241; Stats. 1995 s. 961.39; 2005 a. 297; 2009 a. 168; 2015 a. 34.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.395 - Limitation on advanced practice nurses.

961.395
Limitation on advanced practice nurses.
(1)
An advanced practice nurse who is certified under s. 441.16 may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3).
(2)
An advanced practice nurse certified under s. 441.16 shall include with each prescription order the advanced practice nurse prescriber certification number issued to him or her by the board of nursing.
(3)
An advanced practice nurse certified under s. 441.16 may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3).
History:  1995 a. 448.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.42 - Prohibited acts B — penalties.

961.42
Prohibited acts B — penalties.
(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 violation of this chapter for the purpose of using these substances, or which is used for manufacturing, keeping or delivering them in violation of this chapter.
(2)
Any person who violates this section is guilty of a Class I felony.
History:  1971 c. 219; 1995 a. 448 s. 267; Stats. 1995 s. 961.42; 1997 a. 283; 2001 a. 109.
“Keeping" a substance under sub. (1) means more than simple possession; it means keeping for the purpose of warehousing or storage for ultimate manufacture or delivery. State v. Brooks, 124 Wis. 2d 349, 369 N.W.2d 183 (Ct. App. 1985).
Warehousing or storage under Brooks, 124 Wis. 2d 349 (1985), does not encompass merely possessing an item while transporting it. Cocaine was not warehoused or stored when the cocaine was carried in the defendant's truck while moving from one location to another. State v. Slagle, 2007 WI App 117, 300 Wis. 2d 662, 731 N.W.2d 284, 06-0775.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.43 - Prohibited acts C — penalties.

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, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as:
1.
To make a counterfeit substance; or
2.
To duplicate substantially the physical appearance, form, package or label of a controlled substance.
(2)
Any person who violates this section is guilty of a Class H felony.
History:  1971 c. 219; 1981 c. 90; 1995 a. 448 s. 268; Stats. 1995 s. 961.43; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.435 - Specific penalty.

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.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.44 - Penalties under other laws.

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.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.442 - Penalties; hemp.

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, sampling, testing, or taking possession of hemp, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
(1)
The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months.
(2)
The maximum term of imprisonment for a felony may be increased by not more than 3 years.
History:  2017 a. 100; 2019 a. 68.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.45 - Bar to prosecution.

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 s. 272; Stats. 1995 s. 961.45.
Under this section, a “prosecution" is to be equated with a conviction or acquittal. The date on which a sentence is imposed is not relevant to the determination of whether a “prosecution" has occurred. State v. Petty, 201 Wis. 2d 337, 548 N.W.2d 817 (1996), 93-2200.
This section bars a Wisconsin prosecution under this chapter for the same conduct on which a prior federal conviction is based. The restriction is not limited to the same crime as defined by its statutory elements. State v. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, 99-1128.
If a conspiracy involves multi-layered conduct, and all such conduct is part of the overarching common scheme, this section does not bar prosecution when some other part of the multi-layered conduct has resulted in a prosecution in some other jurisdiction. State v. Bautista, 2009 WI App 100, 320 Wis. 2d 582, 770 N.W.2d 744, 08-1692.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.452 - Defenses in certain schedule V prosecutions.

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 the person's distribution or delivery of a pseudoephedrine product:
(a)
The person did not knowingly or recklessly violate the condition under s. 961.23.
(b)
The person reported his or her own violation of the condition under s. 961.23 to a law enforcement officer in the county or municipality in which the violation occurred within 30 days after the violation.
(2)
A seller 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 the person's distribution or delivery of a pseudoephedrine product:
(a)
The person did not knowingly or recklessly violate the condition under s. 961.23.
(b)
The acts or omissions constituting the violation of the condition under s. 961.23 were the acts or omissions of one or more of the person's employees.
(c)
The person provided training to each of those employees regarding the restrictions imposed under s. 961.23 on the delivery of pseudoephedrine products.
(3)
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) for a violation of s. 961.23 (6):
(a)
The purchaser presented an identification card that contained a name or address other than the person's own.
(b)
The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was the person depicted in the photograph contained in that identification card.
(c)
The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and with the belief that the name and address of the purchaser were as listed on the identification card.
(4)
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) for a violation of s. 961.23 (8):
(a)
The purchaser presented an identification card that indicated that he or she was 18 years of age or older.
(b)
The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was 18 years of age or older.
(c)
The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and with the belief that the purchaser was 18 years of age or older.
History:  2005 a. 14.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.453 - Purchases of pseudoephedrine products on behalf of another person.

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 another to purchase a pseudoephedrine product on his or her behalf.
(b)
1.
Except as provided in subd. 2., a person who violates par. (a) is guilty of a Class I felony.
2.
If the person who is solicited, hired, directed, employed, or used to purchase the pseudoephedrine product is an individual who is less than 18 years of age, the actor is guilty of a Class H felony.
(2)
No person may purchase a pseudoephedrine product on behalf of another with the intent to facilitate another person's manufacture of methamphetamine. A person who violates this subsection is guilty of a Class I felony.
History:  2005 a. 14, 262.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.455 - Using a child for illegal drug distribution or manufacturing purposes.

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 guilty of a Class F felony.
(2)
The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.
(3)
Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30.
(4)
If the conduct described under sub. (1) results in a violation under s. 961.41 (1), the actor is subject to prosecution and conviction under s. 961.41 (1) or this section or both.
History:  1989 a. 121; 1991 a. 153; 1995 a. 27; 1995 a. 448 ss. 273 to 275; Stats. 1995 s. 961.455; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.46 - Distribution to persons under age 18.

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 applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.
History:  1971 c. 219; 1985 a. 328; 1987 a. 339; 1989 a. 121; 1993 a. 98, 118, 490; 1995 a. 27; 1995 a. 448 ss. 276 to 279; Stats. 1995 s. 961.46; 1999 a. 48, 57; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.47 - Conditional discharge for possession or attempted possession as first offense.

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 under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or hallucinogenic drugs, 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) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.
(2)
Within 20 days after probation is granted under this section, the clerk of court shall notify the department of justice of the name of the individual granted probation and any other information required by the department. This report shall be upon forms provided by the department.
History:  1971 c. 219; 1985 a. 29; 1989 a. 121; 1991 a. 39; 1995 a. 448 s. 285; Stats. 1995 s. 961.47.
A disposition of probation without entering a judgment of guilt was not appealable because there was no judgment. If a defendant desires either a final judgment or order in the nature of a final judgment for appeal purposes, the defendant has only to withhold consent. State v. Ryback, 64 Wis. 2d 574, 219 N.W.2d 263 (1974).
The reference to s. 161.41 (3) [now s. 961.41 (3g) (b)] in sub. (1) means that proceedings may only be deferred for convictions for crimes encompassed by s. 161.41 (3) [now s. 961.41 (3g) (b)]. State v. Boyer, 198 Wis. 2d 837, 543 N.W.2d 562 (Ct. App. 1995), 95-0624.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.472 - Assessment; certain possession or attempted possession offenses.

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 or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (am), (c), (d), or (g), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).
(3)
The facility shall submit an assessment report within 14 days to the court. At the request of the facility, the court may extend the time period by not more than 20 additional workdays. The assessment report may include a proposed treatment plan.
(4)
The court shall consider the assessment report in determining whether the treatment option under s. 961.475 is appropriate.
(5)
The court is not required to enter an order under sub. (2) if any of the following applies:
(a)
The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.
(b)
The person is participating in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
History:  1985 a. 328; 1987 a. 339; 1989 a. 121; 1993 a. 118; 1995 a. 27 s. 9126 (19); 1995 a. 448 s. 286; Stats. 1995 s. 961.472; 1999 a. 48; 2001 a. 109; 2003 a. 49; 2005 a. 25; 2007 a. 20 s. 9121 (6) (a); 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.473 - Victim impact panels.

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 individual's family in addition to any forfeiture or penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of assembling and holding the program ordered under this section.
History:  2017 a. 261.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.475 - Treatment option.

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 facility with special inpatient or outpatient programs for the treatment of drug dependent persons, allow the person to enter the treatment programs voluntarily for purposes of treatment and rehabilitation. Treatment shall be for the period the treatment facility feels is necessary and required, but shall not exceed the maximum sentence allowable unless the person consents to the continued treatment. At the end of the necessary and required treatment, with the consent of the court, the person may be released from sentence. If treatment efforts are ineffective or the person ceases to cooperate with treatment rehabilitation efforts, the person may be remanded to the court for completion of sentencing.
History:  1971 c. 219, 336; 1985 a. 328; 1987 a. 339; 1989 a. 121; 1993 a. 118; 1995 a. 448 s. 287; Stats. 1995 s. 961.475.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.495 - Possession or attempted possession of a controlled substance on or near certain places.

961.495
Possession or attempted possession of a controlled substance on or near certain places.
If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II, a controlled substance analog of a controlled substance included in schedule I or II or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or of any premises of a tribal school, as defined in s. 115.001 (15m), or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
History:  1989 a. 31, 121; 1991 a. 39; 1993 a. 87, 118, 281, 490; 1995 a. 448 s. 290; Stats. 1995 s. 961.495; 1999 a. 57; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.50 - Suspension or revocation of operating privilege.

961.50
Suspension or revocation of operating privilege.
(1)
If a person is convicted of any violation of this chapter, the court may, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this subsection, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the record of conviction and notice of the suspension. The person is eligible for an occupational license under s. 343.10 as follows:
(a)
For the first such conviction, at any time.
(b)
For a 2nd conviction within a 5-year period, after the first 60 days of the suspension or revocation period.
(c)
For a 3rd or subsequent conviction within a 5-year period, after the first 90 days of the suspension or revocation period.
(2)
For purposes of counting the number of convictions under sub. (1), convictions under the law of a federally recognized American Indian tribe or band in this state, federal law or the law of another jurisdiction, as defined in s. 343.32 (1m) (a), for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person's operating privilege under this section, shall be counted and given the effect specified under sub. (1). The 5-year period under this section shall be measured from the dates of the violations which resulted in the convictions.
(3)
If the person's license or operating privilege is currently suspended or revoked or the person does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this section is effective on the date on which the person is first eligible for issuance, renewal, or reinstatement of an operator's license under ch. 343.
History:  1991 a. 39; 1993 a. 16, 480; 1995 a. 448 s. 291; Stats. 1995 s. 961.50; 1997 a. 84; 2009 a. 8, 103; 2011 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.51 - Powers of enforcement personnel.

961.51
Powers of enforcement personnel.
(1)
Any officer or employee of the pharmacy examining board designated by the examining board may:
(a)
Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas and summonses issued under the authority of this state;
(b)
Make arrests without warrant for any offense under this chapter committed in the officer's or employee's presence, or if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing a violation of this chapter which may constitute a felony; and
(c)
Make seizures of property pursuant to this chapter.
(2)
This section does not affect the responsibility of law enforcement officers and agencies to enforce this chapter, nor the authority granted the department of justice under s. 165.70.
History:  1971 c. 219; 1985 a. 29; 1993 a. 482; 1995 a. 448 s. 293; Stats. 1995 s. 961.51.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.53 - Violations constituting public nuisance.

961.53
Violations constituting public nuisance.
Violations of this chapter constitute public nuisances under ch. 823, irrespective of any criminal prosecutions which may be or are commenced based on the same acts.
History:  1971 c. 219; Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1995 a. 448 s. 295; Stats. 1995 s. 961.53.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.54 - Cooperative arrangements and confidentiality.

961.54
Cooperative arrangements and confidentiality.
The department of justice shall cooperate with federal, state and local agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may:
(1)
Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(2)
Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(3)
Cooperate with the bureau by establishing a centralized unit to accept, catalog, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under s. 961.335 (7); and
(4)
Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
History:  1971 c. 219, 336; 1975 c. 110; 1995 a. 448 s. 296; Stats. 1995 s. 961.54.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.56 - Burden of proof; liabilities.

961.56
Burden of proof; liabilities.
(1)
It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.
(2)
In the absence of proof that a person is the duly authorized holder of an appropriate federal registration or order form, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(3)
No liability is imposed by this chapter upon any authorized state, county or municipal officer or employee engaged in the lawful performance of the officer's or employee's duties.
History:  1971 c. 219, 307; 1993 a. 482; 1995 a. 448 s. 307; Stats. 1995 s. 961.56.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.565 - Enforcement reports.

961.565
Enforcement reports.
On or before November 15 annually, the governor and the attorney general shall submit a joint report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) describing the activities in this state during the previous year to enforce the laws regulating controlled substances. The report shall contain recommendations for improving the effectiveness of enforcement activities and other efforts to combat the abuse of controlled substances.
History:  1989 a. 122; 1995 a. 448 s. 308; Stats. 1995 s. 961.565.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.572 - Determination.

961.572
Determination.
(1)
In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
(a)
Statements by an owner or by anyone in control of the object concerning its use.
(b)
The proximity of the object, in time and space, to a direct violation of this chapter.
(c)
The proximity of the object to controlled substances or controlled substance analogs.
(d)
The existence of any residue of controlled substances or controlled substance analogs on the object.
(e)
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia.
(f)
Instructions, oral or written, provided with the object concerning its use.
(g)
Descriptive materials accompanying the object that explain or depict its use.
(h)
Local advertising concerning its use.
(i)
The manner in which the object is displayed for sale.
(j)
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(k)
The existence and scope of legitimate uses for the object in the community.
(L)
Expert testimony concerning its use.
(2)
In determining under this subchapter whether an item is designed for a particular use, a court or other authority shall consider the objective physical characteristics and design features of the item.
(3)
In determining under this subchapter whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
History:  1989 a. 121; 1991 a. 140; 1995 a. 448 s. 311; Stats. 1995 s. 961.572.