CHAPTER 961
UNIFORM CONTROLLED SUBSTANCES ACT
961.001 Declaration of intent.
SUBCHAPTER I
DEFINITIONS
SUBCHAPTER II
STANDARDS AND SCHEDULES
961.11 Authority to control.
961.115 Native American Church exemption.
961.15 Schedule II tests.
961.17 Schedule III tests.
961.19 Schedule IV tests.
961.23 Dispensing of schedule V substances.
961.24 Publishing of updated schedules.
961.25 Controlled substance analog treated as a schedule I substance.
SUBCHAPTER III
REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES
961.32 Possession authorization.
961.335 Special use authorization.
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.
961.39 Limitations on optometrists.
961.395 Limitation on advanced practice nurses.
SUBCHAPTER IV
OFFENSES AND PENALTIES
961.41 Prohibited acts A—penalties.
961.42 Prohibited acts B—penalties.
961.43 Prohibited acts C—penalties.
961.435 Specific penalty.
961.438 Minimum sentence.
961.44 Penalties under other laws.
961.45 Bar to prosecution.
961.455 Using a child for illegal drug distribution or manufacturing purposes.
961.46 Distribution to persons under age 18.
961.465 Distribution to prisoners.
961.47 Conditional discharge for possession or attempted possession as first offense.
961.472 Assessment; certain possession or attempted possession offenses.
961.475 Treatment option.
961.48 Second or subsequent offenses.
961.49 Distribution of or possession with intent to deliver a controlled substance on or near certain places.
961.492 Distribution or possession with intent to deliver certain controlled substances on public transit vehicles.
961.495 Possession or attempted possession of a controlled substance on or near certain places.
961.50 Suspension or revocation of operating privilege.
SUBCHAPTER V
ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
961.51 Powers of enforcement personnel.
961.52 Administrative inspections and warrants.
961.53 Violations constituting public nuisance.
961.54 Cooperative arrangements and confidentiality.
961.555 Forfeiture proceedings.
961.56 Burden of proof; liabilities.
961.565 Enforcement reports.
SUBCHAPTER VI
DRUG PARAPHERNALIA
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.
SUBCHAPTER VII
MISCELLANEOUS
961.61 Uniformity of interpretation.
Ch. 961 Note
NOTE: See Chapter 161, 1993-94 Stats., for detailed notes on actions by the Controlled Substances Board.
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.
DEFINITIONS
961.01
961.01
Definitions. As used in this chapter:
