2009 WISCONSIN ACT 141
An Act to create 941.318 of the statutes; relating to: salvinorin A and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
141,1
Section
1. 941.318 of the statutes is created to read:
941.318 Salvia divinorum. (1) In this section:
(a) "Deliver," with respect to salvinorin A, has the same meaning given in s. 961.01 (6) with respect to a controlled substance or controlled substance analog.
(b) "Distribute," with respect to salvinorin A, has the same meaning given in s. 961.01 (9) with respect to a controlled substance or controlled substance analog.
(c) "Manufacture," with respect to salvinorin A, has the same meaning given in s. 961.01 (13) with respect to a controlled substance or controlled substance analog.
(2) Except as provided in sub. (3), whoever manufactures, distributes, or delivers salvinorin A with intent that it be consumed by an individual may be fined not more than $10,000.
(3) (a) Subsection (2) does not apply to the manufacture of any dosage form of salvinorin A that may be obtained from a retail establishment without a prescription and that is recognized by the U.S. Food and Drug Administration as a homeopathic drug.
(b) Subsection (2) does not apply to the distribution or delivery to an individual who is 18 years of age or older of any dosage form of salvinorin A that may be obtained from a retail establishment without a prescription and that is recognized by the U.S. Food and Drug Administration as a homeopathic drug.