AB817: Bill Text

AB817,45,16 961.01 (20) "Production", unless the context otherwise requires, includes the manufacture, manufacturing of a controlled substance or controlled substance analog and the planting, cultivation cultivating, growing or harvesting of a plant from which a controlled substance or controlled substance analog is derived.

AB817, s. 139 Section 139. 161.01 (20g) of the statutes is renumbered 961.01 (20g).

AB817, s. 140 Section 140. 161.01 (20i) of the statutes is renumbered 961.01 (20i).

AB817, s. 141 Section 141. 161.01 (20m) of the statutes is renumbered 961.01 (2m), and 961.01 (2m) (a), as renumbered, is amended to read:

AB817,46,3 961.01 (2m) (a) "Anabolic steroid" means any drug or hormonal substance, chemically or pharmacologically related to testosterone (except estrogens, progestin, and corticosteroids), that promotes muscle growth. The term includes all of the substances listed included in s. 161.18 961.18 (7), and any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible under within the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth.

AB817, s. 142 Section 142. 161.01 (21) of the statutes is renumbered 961.01 (21) and amended to read:

AB817,46,10 961.01 (21) "Ultimate user" means a person an individual who lawfully possesses a controlled substance for that person's individual's own use or for the use of a member of that person's individual's household or for administering to an animal owned by that person individual or by a member of that person's individual's household.

AB817, s. 143 Section 143. 161.01 (22) of the statutes is renumbered 961.01 (22).

AB817, s. 144 Section 144. Subchapter II (title) of chapter 161 [precedes 161.11] of the statutes is renumbered subchapter II (title) of chapter 961 [precedes 961.11].

AB817, s. 145 Section 145. 161.11 (title) of the statutes is renumbered 961.11 (title).

AB817, s. 146 Section 146. 161.11 (1) (intro.) of the statutes is renumbered 961.11 (1) (intro.) and amended to read:

AB817,46,21 961.11 (1) (intro.) The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances enumerated listed in the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures of ch. 227.

AB817,46,23 (1m) In making a determination regarding a substance, the board shall consider the following:

AB817, s. 147 Section 147. 161.11 (1) (a) to (h) of the statutes are renumbered 961.11 (1m) (a) to (h), and 961.11 (1m) (g), as renumbered, is amended to read:

AB817,47,2 961.11 (1m) (g) The potential of the substance to produce psychic psychological or physical dependence liability; and

AB817, s. 148 Section 148. 161.11 (2) of the statutes is renumbered 961.11 (2) and amended to read:

AB817,47,8 961.11 (2) After considering the factors enumerated in sub. (1) (1m), the controlled substances board shall make findings with respect thereto to them and issue promulgate a rule controlling the substance if it finds upon finding that the substance has a potential for abuse.

AB817, s. 149 Section 149. 161.11 (3) of the statutes is renumbered 961.11 (3) and amended to read:

AB817,47,18 961.11 (3) The controlled substances board, without regard to the findings required by sub. (2) or ss. 961.13, 961.15, 961.17, 961.19 and 961.21 or the procedures prescribed by subs. (1), (1m), (1r) and (2), may add an immediate precursor to the same schedule in which the controlled substance of which it is an immediate precursor is included or to any other schedule. If the controlled substances board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

AB817, s. 150 Section 150. 161.11 (4) of the statutes is renumbered 961.11 (4) and amended to read:

AB817,48,16 961.11 (4) If any a substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the controlled substances board, the board by affirmative action shall similarly control treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order designating a the substance as a controlled substance or rescheduling or deleting a the substance or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h), unless within that 30-day period, the board or an interested party objects to inclusion, rescheduling or deletion. In that case, the treatment of the substance. If no objection is made, the board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r) and (2) or s. 961.13, 961.15, 961.17, 961.19 or 961.21, a final rule, for which notice of proposed rule making is omitted, designating, rescheduling, temporarily scheduling or deleting the substance. If an objection is made the board shall publish notice of receipt of the objection and the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall make a determination with respect to the treatment of the substance as provided in subs. (1), (1m), (1r) and (2) and shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to inclusion, rescheduling or deletion under this chapter the treatment by the board, control action by the board under this chapter is stayed until the board publishes its decision promulgates a rule under sub. (2).

AB817, s. 151 Section 151. 161.11 (5) of the statutes is renumbered 961.11 (5) and amended to read:

AB817,48,21 961.11 (5) Authority The authority of the controlled substances board to control under this section does not extend to intoxicating liquors, as defined in s. 139.01 (3), to fermented malt beverages as defined in s. 125.02, or to tobacco.

AB817, s. 152 Section 152. 161.11 (6) of the statutes is renumbered 961.11 (6), and 961.11 (6) (b), as renumbered, is amended to read:

AB817,49,6 961.11 (6) (b) If the board finds that any nonnarcotic substance barred from control under this chapter by par. (a) is dangerous to or is being so used as to endanger the public health and welfare, it may request the department of justice in the name of the state to seek a temporary restraining order or temporary injunction under ch. 813 to either ban or regulate the sale and possession of the substance. The order or injunction shall continue until the adjournment of the legislature convened next following its issuance. In making its findings as to nonnarcotic substances under this paragraph, the board shall consider the items specified in sub. (1) (1m).

AB817, s. 153 Section 153. 161.115 of the statutes is renumbered 961.115.

AB817, s. 154 Section 154. 161.12 of the statutes is renumbered 961.12 and amended to read:

AB817,49,13 961.12 Nomenclature. The controlled substances listed in or to be listed in added to the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22 are included 961.14, 961.16, 961.18, 961.20 and 961.22 may be listed or added by whatever any official, common, usual, chemical or trade name designated used for the substance.

AB817, s. 155 Section 155. 161.13 (title) of the statutes is renumbered 961.13 (title).

AB817, s. 156 Section 156. 161.13 of the statutes is renumbered 961.13 (1m) and amended to read:

AB817,49,18 961.13 (1m) The controlled substances board shall place add a substance in to schedule I if it finds upon finding that the substance:

AB817,49,19 (a) Has high potential for abuse; and

AB817,49,21 (b) Has no currently accepted medical use in treatment in the United States or lacks; and

AB817,49,22 (c) Lacks accepted safety for use in treatment under medical supervision.

AB817, s. 157 Section 157. 161.14 (title) of the statutes is renumbered 961.14 (title).

AB817, s. 158 Section 158. 161.14 (1) (title) of the statutes is repealed.

AB817, s. 159 Section 159. 161.14 (1) of the statutes is renumbered 961.14 (intro.) and amended to read:

AB817,50,5 961.14 (intro.) 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 I.:

AB817, s. 160 Section 160. 161.14 (2) of the statutes is renumbered 961.14 (2), and 961.14 (2) (intro.), (b), (cg), (dg), (rj) and (xm), as renumbered, are amended to read:

AB817,50,16 961.14 (2) (title) Opiates Synthetic opiates. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, Any material, compound, mixture or preparation which contains any quantity of any of the following synthetic opiates, or including any of their isomers, esters, ethers, esters and ethers of isomers, salts, and salts of isomers, esters of, ethers and esters and ethers, if isomers, esters, ethers, salts or salts of isomers exist that are theoretically possible within the specified specific chemical designation (for purposes of par. (tg) only, the term isomer includes the optical and geometric isomers):

AB817,50,18 (b) Alphacetylmethadol (except Levo-alphacetylmethadol levo-alphacetylmethadol (LAAM));

AB817,50,21 (cg) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide) (N-{1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidiny}-N-phenylpropanamide);

AB817,50,24 (dg) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-piperidinyl]-N-phenylpropanamide) (N-[1-(2-hydroxy-2-phenylethyl)-4-piperidinyl]-N-phenylpropanamide);

AB817,51,3 (rj) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide) (N-{3-methyl-1-[2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide);

AB817,51,6 (xm) Thiofentanyl (N-[1-(2-thienyl)ethyl-4-piperidinyl]- N-phenylpropanamide) (N-{1-[2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide);

AB817, s. 161 Section 161. 161.14 (3) of the statutes is renumbered 961.14 (3), and 961.14 (3) (intro.), as renumbered, is amended to read:

AB817,51,15 961.14 (3) (title) Opium derivatives Substances derived from opium . (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, Any material, compound, mixture or preparation which contains any quantity of any of the following substances derived from opium derivatives or, including any of their salts, isomers or and salts of isomers, if salts, isomers or salts of isomers exist that are theoretically possible within the specific chemical designation:

AB817, s. 162 Section 162. 161.14 (4) of the statutes is renumbered 961.14 (4), and 961.14 (4) (intro.), (bm), (cm), (mn), (w) and (wg), as renumbered, are amended to read:

AB817,51,25 961.14 (4) Hallucinogenic substances. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, any Any material, compound, mixture or preparation which contains any quantity of any of the following hallucinogenic substances or, including any of their salts, isomers or and salts of isomers, if salts, isomers or salts of isomers exist that are theoretically possible within the specific chemical designation, in any form including a substance, salt, isomer or salt of an isomer contained in a plant, obtained from a plant or chemically synthesized:

AB817,52,2 (bm) 2,5-dimethoxy-4-ethylamphetamine 4-ethyl-2, 5-dimethoxyamphetamine, commonly known as DOET "DOET";

AB817,52,3 (cm) Alpha-ethyltryptamine, its optical isomers, salts and salts of isomers;

AB817,52,5 (mn) Parahexyl (3-hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo(b, d)pyran);

AB817,52,6 (w) 4-bromo-2, 5-dimethoxyamphetamine, commonly known as "DOB";

AB817,52,9 (wg) 4-bromo-2,5-dimethoxyphenethylamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-B" or "Nexus";

AB817, s. 163 Section 163. 161.14 (5) of the statutes is renumbered 961.14 (5), and 961.14 (5) (intro.), as renumbered, is amended to read:

AB817,52,17 961.14 (5) Depressants. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, any Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a depressant effect on the central nervous system or, including any of their salts, isomers or and salts of isomers, if salts, isomers or salts of isomers exist that are theoretically possible within the specific chemical designation:

AB817, s. 164 Section 164. 161.14 (6) of the statutes is renumbered 961.14 (6), and 961.14 (6) (intro.), as renumbered, is amended to read:

AB817,52,23 961.14 (6) Immediate precursors. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, any Any material, compound, mixture or preparation which contains any quantity of any of the following substances or their salts:

AB817, s. 165 Section 165. 161.14 (7) of the statutes is renumbered 961.14 (7), and 961.14 (7) (intro.), (ag), (am), (b), (c), (d), (e) and (L), as renumbered, are amended to read:

AB817,53,6 961.14 (7) Stimulants. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, any 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 its any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

AB817,53,7 (ag) Cathinone;.

AB817,53,8 (am) Aminorex, its salts, optical isomers, and salts of optical isomers;.

AB817,53,9 (b) Fenethylline, including its salts, and salts of isomers.

AB817,53,10 (c) N-ethylamphetamine, including its salts, and salts of isomers.

AB817,53,11 (d) 4-methylaminorex, including its salts and salts of isomers;.

AB817,53,12 (e) N,N-dimethylamphetamine, including its salts and salts of isomers.

AB817,53,13 (L) Methcathinone, including its salts and salts of isomers.

AB817, s. 166 Section 166. 161.15 (title) of the statutes is renumbered 961.15 (title).

AB817, s. 167 Section 167. 161.15 of the statutes is renumbered 961.15 (1m), and 961.15 (1m) (intro.) and (c), as renumbered, are amended to read:

AB817,53,18 961.15 (1m) (intro.) The controlled substances board shall place add a substance in to schedule II if it finds upon finding that:

AB817,53,20 (c) The abuse of the substance may lead to severe psychic psychological or physical dependence.

AB817, s. 168 Section 168. 161.16 (title) of the statutes is renumbered 961.16 (title).

AB817, s. 169 Section 169. 161.16 (1) (title) of the statutes is repealed.

AB817, s. 170 Section 170. 161.16 (1) of the statutes is renumbered 961.16 (intro.) and amended to read:

AB817,54,3 961.16 (intro.) The Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in this section are included in schedule II.:

AB817, s. 171 Section 171. 161.16 (2) of the statutes is renumbered 961.16 (2) (intro.) and amended to read:

AB817,54,11 961.16 (2) Substances of plant origin. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, Any material, compound, mixture or preparation which contains any quantity of any of the following substances in any form, including a substance contained in a plant, obtained from a plant or, chemically synthesized or obtained by a combination of extraction from a plant and chemical synthesis:

AB817, s. 172 Section 172. 161.16 (2) (a) of the statutes is renumbered 961.16 (2) (a), and 961.16 (2) (a) (intro.) and 4m., as renumbered, are amended to read:

AB817,54,21 961.16 (2) (a) (intro.) Opium and opiate substances derived from opium, and any salt, compound, derivative or preparation of opium or opiate substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, nalmefene, naloxone and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers, if salts, isomers or salts of isomers exist under that are theoretically possible within the specific chemical designation, are included in this paragraph:

AB817,54,22 4m. Dihydrocodeine;.

AB817, s. 173 Section 173. 161.16 (2) (b) of the statutes is renumbered 961.16 (2) (b), and 961.16 (2) (b) (intro.), as renumbered, is amended to read:

AB817,55,6 961.16 (2) (b) (intro.) Coca leaves and any salt, compound, derivative or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. The following substances and any of their salts, esters, isomers and salts of esters and isomers, if salts, isomers or salts of isomers exist under that are theoretically possible within the specific chemical designation, are included in this paragraph:

AB817, s. 174 Section 174. 161.16 (3) of the statutes is renumbered 961.16 (3), and 961.16 (3) (intro.), (s), (t) and (x), as renumbered, are amended to read:

AB817,55,15 961.16 (3) (title) Opiates Synthetic opiates. (intro.) Unless specifically excepted under federal regulations or unless listed in another schedule, any Any material, compound, mixture or preparation which contains any quantity of any of the following synthetic opiates or, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, if isomers, esters, ethers, salts or salts of isomers exist and esters and ethers of isomers that are theoretically possible within the specific chemical designation:

AB817,55,17 (s) Methadone—Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane 4-diphenylbutane;

AB817,55,19 (t) Moramide—Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic 1-diphenylpropanecarboxylic acid;

AB817,55,20 (x) Racemorphan.;

AB817, s. 175 Section 175. 161.16 (5) of the statutes is renumbered 961.16 (5) and amended to read:

AB817,56,3 961.16 (5) Stimulants. Unless specifically excepted under federal regulations or unless listed in another schedule, any 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: