This bill makes numerous changes in current law relating to controlled
substances. The changes are based in part on the revised uniform controlled
substances act drafted by the national conference of commissioners on uniform state
laws. The bill updates chemical names in the schedules of controlled substances,
makes uniform across all of the schedules general language concerning the
substances included in schedules, and reorganizes certain material in current law
in a more logical fashion. The bill also makes the following specific changes in
current law relating to controlled substances:
Controlled substance analogs
This bill provides for the regulation of controlled substance analogs. The bill
defines "controlled substance analog" to mean a substance the chemical structure of
which is substantially similar to the chemical structure of a controlled substance in
schedule I or II, and which: 1) has a stimulant, depressant, narcotic or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant, narcotic or hallucinogenic effect on the central nervous system of a
controlled substance included in schedule I or II; or 2) a particular individual
represents or intends to have a stimulant, depressant, narcotic or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant, narcotic or hallucinogenic effect on the central nervous system of a
controlled substance included in schedule I or II.
The bill places the same restrictions on the manufacture, distribution and
possession of controlled substance analogs that current law places on the
manufacture, distribution and possession of controlled substances. Under the bill,
the unlawful manufacture, distribution or possession of a controlled substance
analog is subject to the same penalties as the unlawful manufacture, distribution or
possession of the controlled substance for which it is an analog. Thus, for example,
the unlawful possession of an amount of a controlled substance analog of cocaine is
subject to the same penalties as the unlawful possession of an identical amount of
cocaine. Under the bill a district attorney must, no later than 60 days after starting
a prosecution concerning a controlled substance analog, provide CSB with
information relevant to the emergency scheduling of the controlled substance analog
(see Scheduling procedure, below). If CSB determines that the controlled
substance analog should not be scheduled as a controlled substance, no prosecution
relating to that substance as a controlled substance analog may be started or
continued.
In addition, the bill provides that controlled substance analogs are treated in
the same way that controlled substances are treated under current law. Thus, for
example, under current law a person may not operate a vehicle under the influence
of alcohol or a controlled substance or any combination of alcohol or a controlled
substance. Under the bill, a person may not operate a vehicle under the influence
of alcohol, a controlled substance or a controlled substance analog or any
combination of alcohol, a controlled substance and a controlled substance analog.
Scheduling procedure
Under current law, CSB may add a substance to a schedule, move a scheduled
substance to a different schedule or remove a substance from the schedules of
controlled substances. In deciding how to treat a substance, CSB must consider all
of the following factors: 1) the actual or relative potential for abuse of the substance;
2) the scientific evidence of the substance's pharmacological effect, if known; 3) the
state of current scientific knowledge regarding the substance; 4) the history and
current pattern of abuse of the substance; 5) the scope, duration and significance of
abuse of the substance; 6) the risk of the substance to public health; 7) the potential
of the substance to produce psychic or physical dependence; and 8) whether the
substance is an immediate precursor. After considering these factors, CSB must
make findings concerning the factors and promulgate a rule controlling the
substance if it finds the substance has a potential for abuse.
In addition, if a substance is designated, rescheduled or removed as a controlled
substance under federal law and notice of the designation, rescheduling or removal
is given to CSB, CSB must treat the substance in the same way federal law treats
it unless CSB objects to the treatment of the substance by federal law. If CSB objects
to the treatment of the substance by federal law, CSB must publish its reasons for
objecting and hold a hearing. At the conclusion of the hearing, CSB must publish its
decision, which is final unless altered by the legislature by law.
This bill makes the following changes in the procedure for adding, rescheduling
or removing a substance as a controlled substance:
1. Under the bill, CSB may, without considering the 8 factors specified above,
include a controlled substance analog in schedule I regardless of whether the
substance is substantially similar to a controlled substance in schedule I or II if: a)
CSB finds that scheduling of the substance on an emergency basis is necessary to
avoid an imminent hazard to the public safety; b) the substance is not included in any
other schedule or no exemption or approval is in effect for the substance under
federal law; and c) CSB begins a standard proceeding for scheduling the substance.
In addition, if CSB receives notice from a district attorney that he or she has started
a prosecution against a person for the unlawful manufacture, distribution or
possession of a controlled substance analog, CSB must initiate emergency
scheduling of the controlled substance analog as provided under the bill. The
emergency scheduling of a substance under the bill expires one year after the
adoption of the scheduling rule or upon the conclusion of the standard proceeding for
scheduling the substance.
2. The bill provides that, in addition to CSB, any party interested in the
designation, rescheduling or removal of a substance under federal law may object to
CSB having to treat that substance in the same way federal law treats it. The bill
also specifies that after a hearing on an objection, whether made by CSB or another
interested party, CSB must make findings concerning the 8 factors specified above.
3. The bill provides that CSB may add a substance to a schedule without
considering the 8 factors specified above if the substance is controlled under that
schedule under federal law by a federal agency as the result of an international
treaty, convention or protocol.
4. The bill provides that CSB may consider findings of the federal food and drug
administration or the drug enforcement administration as sufficient evidence of any
of the 8 factors specified above.
5. The bill provides that CSB may, without considering the 8 factors specified
above, add an immediate precursor to the same schedule as that of the controlled
substance of which it is an immediate precursor or to any other schedule.
Definition of isomer
Current law refers in various places to isomers of particular controlled
substances. (An isomer is a chemical compound that has the same chemical elements
in the same proportion as a substance included in a schedule, but which has a
different structure than that substance.) Current law does not define "isomer", and
the references to isomer in current law include references both to isomers generally,
without any specific limitation, and to specific kinds of isomers that have physical
or psychological effects that are similar to a substance included in a schedule. This
bill defines "isomer" to include only an isomer that merits treatment as a controlled
substance because it is structurally similar enough to have physical or psychological
effects that are similar to the physical or psychological effects of the controlled
substance of which it is an isomer.
Possession of piperidine
Current law does not explicitly regulate piperidine or its salts. This bill
prohibits a person from possessing any quantity of piperidine or its salts with the
intent to use the piperidine or its salts in the unlawful manufacture of a controlled
substance or controlled substance analog. The bill also prohibits a person from
possessing any quantity of piperidine or its salts if he or she knows or has reason to
know that the piperidine or its salts will be used in the unlawful manufacture of a
controlled substance or controlled substance analog. A person who violates one of
these prohibitions may be fined not more than $250,000 or imprisoned for not more
than 10 years or both.
Test for schedule I substances
Under current law, a substance is placed in schedule I if the substance has a
high potential for abuse and the substance either: 1) has no accepted medical use in
this country; or 2) lacks accepted safety for use in treatment under medical
supervision. This bill changes this standard by providing that the substance must
both: 1) have no currently accepted medical use in this country; and 2) lack accepted
safety for use in treatment under medical supervision.
Addition of substances to schedules II, IV and V
The bill places carfentanal in schedule II. The schedule II standard covers
substances that have a high potential for abuse and a currently accepted medical use,
and abuse of which may lead to severe psychological or physical dependence.
In addition, the bill places cathine and mefenorex in schedule IV. The schedule
IV standard covers substances that have a low potential for abuse compared to
substances in schedule III and a currently accepted medical use, and abuse of which
may lead to limited psychological or physical dependence compared to substances in
schedule III.
Finally, the bill places pyrovalerone in schedule V. The schedule V standard
covers substances that have a low potential for abuse compared to substances in
schedule IV and a currently accepted medical use, and abuse of which may lead to
limited psychological or physical dependence compared to substances in schedule IV.
Prescription of controlled substances
Current law provides, with certain exceptions, that a controlled substance may
be dispensed only directly by, or under the written prescription of, a practitioner (a
person permitted to distribute, dispense or administer a controlled substance in the
course of professional practice or research, such as a physician, dentist, veterinarian
or scientific researcher, or an institution such as a hospital or pharmacy). This bill
provides that 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. The bill also provides that a
pharmacist is immune from any civil or criminal liability and from discipline by the
pharmacy examining board 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.
Also, under current law an advanced practice nurse may be certified by the
board of nursing (board) to prescribe drugs if he or she satisfies the education,
training and examination requirements established by the board by rule. The board
must promulgate rules regulating the prescription of drugs by advanced practice
nurses.
This bill provides that an advanced practice nurse who is certified to prescribe
drugs may prescribe controlled substances only as permitted by the rules
promulgated by the board that regulate the prescription of drugs by advanced
practice nurses. The bill also provides that an advanced practice nurse certified to
prescribe drugs may deliver a controlled substance to an ultimate user or research
subject only by prescribing or administering the controlled substance, unless the
rules promulgated by the board that regulate the prescription of drugs by advanced
practice nurses permit other ways of delivering a controlled substance. Finally, the
bill provides that an advanced practice nurse certified to prescribe drugs must
include all of the following with a prescription order that he or she prepares for a
controlled substance: 1) a statement that he or she is certified by the board to
prescribe drugs; and 2) the indication use of the controlled substance that he or she
is prescribing.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB817, s. 1
1Section
1. 16.20 (1) (cg) of the statutes is amended to read:
AB817,9,92
16.20
(1) (cg) "Disability" means a physical or mental impairment that
3substantially limits one or more major life activities, a record of having such an
4impairment or being regarded as having such an impairment. "Disability" includes
5any physical disability or developmental disability, as defined in s. 51.01 (5) (a).
6"Disability" does not include the current illegal use of a controlled substance, as
7defined in s.
161.01 961.01 (4),
or a controlled substance analog, as defined in s.
8961.01 (4m), unless the individual is participating in a supervised drug
9rehabilitation program.
AB817, s. 2
10Section
2. 20.435 (6) (gb) of the statutes is amended to read:
AB817,10,4
120.435
(6) (gb)
Alcohol and drug abuse initiatives. All moneys received from
2the state treasurer under s.
161.41 961.41 (5) (c), to be expended on programs
3providing prevention, intervention and treatment for alcohol and other drug abuse
4problems.
AB817,10,127
20.475
(1) (i)
Other employes. The amounts in the schedule to reimburse
8Milwaukee County for the costs of clerks necessary for the prosecution of violent
9crime cases under s. 978.13 (1) (c) and clerks providing clerical services under s.
10978.13 (1) (b) to prosecutors handling cases involving felony violations under ch.
161 11961. All moneys received under s. 814.635 (1m) shall be credited to this
12appropriation account.
AB817, s. 4
13Section
4. 23.33 (1) (e) of the statutes is amended to read:
AB817,10,1514
23.33
(1) (e) "Controlled substance" has the meaning specified under s.
161.01 15961.01 (4).
AB817, s. 5
16Section
5. 23.33 (1) (f) of the statutes is created to read:
AB817,10,1817
23.33
(1) (f) "Controlled substance analog" has the meaning given in s. 961.01
18(4m).
AB817, s. 6
19Section
6. 23.33 (1) (i) of the statutes is amended to read:
AB817,10,2120
23.33
(1) (i) "Intoxicant" means any alcohol beverage, controlled substance
,
21controlled substance analog or other drug or any combination thereof.
AB817, s. 7
22Section
7. 23.33 (13) (e) of the statutes is amended to read:
AB817,11,623
23.33
(13) (e) (title)
Alcohol or, controlled substances or controlled substance
24analogs; assessment. In addition to any other penalty or order, a person who violates
25sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves
1the operation of an all-terrain vehicle, shall be ordered by the court to submit to and
2comply with an assessment by an approved public treatment facility for an
3examination of the person's use of alcohol
or, controlled substances
or controlled
4substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a.
5to c. Intentional failure to comply with an assessment ordered under this paragraph
6constitutes contempt of court, punishable under ch. 785.
AB817, s. 8
7Section
8. 30.50 (3g) of the statutes is amended to read:
AB817,11,98
30.50
(3g) "Controlled substance" has the meaning specified under s.
161.01 9961.01 (4).
AB817, s. 9
10Section
9. 30.50 (3h) of the statutes is created to read:
AB817,11,1211
30.50
(3h) "Controlled substance analog" has the meaning given in s. 961.01
12(4m).
AB817, s. 10
13Section
10. 30.50 (4e) of the statutes is amended to read:
AB817,11,1514
30.50
(4e) "Intoxicant" means any alcohol beverage, controlled substance
,
15controlled substance analog or other drug or any combination thereof.
AB817, s. 11
16Section
11. 30.80 (6) (d) of the statutes is amended to read:
AB817,11,2517
30.80
(6) (d) (title)
Alcohol or, controlled substances or controlled substance
18analogs; examination. In addition to any other penalty or order, a person who
19violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the
20violation involves the operation of a motorboat, shall be ordered by the court to
21submit to and comply with an assessment by an approved public treatment facility
22for an examination of the person's use of alcohol
or, controlled substances
or
23controlled substance analogs. Intentional failure to comply with an assessment
24ordered under this paragraph constitutes contempt of court, punishable under ch.
25785.
AB817, s. 12
1Section
12. 36.11 (21) of the statutes is amended to read:
AB817,12,102
36.11
(21) (title)
Controlled substances
and controlled substance analogs;
3discipline. Any student who engages in an activity, on campus or at an event
4sponsored by a center or institution or by the system, that constitutes a violation of
5ch.
161 961 is subject to nonacademic misconduct disciplinary sanctions, as provided
6by the board by rule. In determining the appropriate sanction, the board or its
7designee shall consider those penalties, including suspension and expulsion, that
8will contribute most effectively to maintaining a system environment that is free
9from controlled substances, as defined in s.
161.01
961.01 (4)
, and controlled
10substance analogs, as defined in s. 961.01 (4m).
AB817, s. 13
11Section
13. 38.12 (10) of the statutes is amended to read:
AB817,12,2012
38.12
(10) (title)
Controlled substances
and controlled substance analogs;
13discipline. Each district board shall adopt rules providing nonacademic misconduct
14disciplinary sanctions for any student who engages in an activity, on district
15premises or at a district-sponsored event, that constitutes a violation of ch.
161 961.
16In determining the appropriate sanction, the district board or its designee shall
17consider those penalties, including suspension and expulsion, that will contribute
18most effectively to maintaining a school environment free from controlled
19substances, as defined in s.
161.01 961.01 (4)
, and controlled substance analogs, as
20defined in s. 961.01 (4m).
AB817, s. 14
21Section
14. 46.03 (18) (fm) of the statutes is amended to read:
AB817,13,322
46.03
(18) (fm) Notwithstanding par. (a), any person who submits to an
23assessment under s.
161.472 961.472 shall pay a fee to the appropriate county
24department under s. 51.42. The department of health and social services shall set
25fees for each county department under s. 51.42 designed to offset all the costs to the
1county in providing the assessment program. The department of health and social
2services shall provide for the reduction or waiver of the fee for persons who are unable
3to pay the complete fee.
AB817, s. 15
4Section
15. 46.238 (title) of the statutes is amended to read:
AB817,13,6
546.238 (title)
Infants whose mothers abuse controlled substances or
6controlled substance analogs.
AB817, s. 16
7Section
16. 46.60 (title) of the statutes is renumbered 961.34 (title).
AB817, s. 17
8Section
17. 46.60 (1) of the statutes is repealed.
AB817, s. 18
9Section
18. 46.60 (2) (title) of the statutes is repealed.
AB817, s. 19
10Section
19. 46.60 (2) of the statutes is renumbered 961.34 and amended to
11read:
AB817,13,1912
961.34 Upon the request of any practitioner, the
controlled substances board
13shall aid the practitioner in applying for and processing an investigational drug
14permit for marijuana under
21 USC 355 (i). If the federal food and drug
15administration issues an investigational drug permit, the
controlled substances 16board shall approve which pharmacies can distribute the marijuana to patients upon
17written prescription. Only pharmacies located within hospitals are eligible to
18receive the marijuana for distribution. The
controlled substances board shall also
19approve which practitioners can write prescriptions for the marijuana.
AB817, s. 20
20Section
20. 46.715 (1) (intro.) of the statutes is amended to read:
AB817,14,321
46.715
(1) (intro.) Within the limits of the availability of federal funds, the
22department shall, from the appropriation under s. 20.435 (7) (mb), award not more
23than $1,200,000 in each fiscal year to fund programs to limit violence and abuse of
24controlled substances
and controlled substance analogs in neighborhoods, including
25funding for the creation of Wisconsin against drug environments centers and for the
1use of neighborhood organizers, culturally representative alcohol and other drug
2abuse trainers, community speakers and persons to monitor certain court actions,
3as grants to any of the following applying entities:
AB817, s. 21
4Section
21. 46.973 (1) (a) of the statutes is amended to read:
AB817,14,65
46.973
(1) (a) "Drug" means a controlled substance, as defined in s.
161.01 6961.01 (4)
, or a controlled substance analog, as defined in s. 961.01 (4m).
AB817, s. 22
7Section
22. 46.973 (2m) (c) 2. of the statutes is amended to read:
AB817,14,98
46.973
(2m) (c) 2. The use and abuse of each controlled
substances substance
9or controlled substance analog specified in ch.
161 961.
AB817, s. 23
10Section
23. 48.02 (1e) of the statutes is amended to read:
AB817,14,1511
48.02
(1e) "Alcohol and other drug abuse impairment" means a condition of a
12person which is exhibited by characteristics of habitual lack of self-control in the use
13of alcohol beverages
or, controlled substances
or controlled substance analogs to the
14extent that the person's health is substantially affected or endangered or the person's
15social or economic functioning is substantially disrupted.
AB817, s. 24
16Section
24. 48.02 (2d) of the statutes is amended to read:
AB817,14,1717
48.02
(2d) "Controlled substance" has the meaning given in s.
161.01 961.01 (4).
AB817, s. 25
18Section
25. 48.02 (2e) of the statutes is created to read:
AB817,14,2019
48.02
(2e) "Controlled substance analog" has the meaning given in s. 961.01
20(4m).
AB817, s. 26
21Section
26. 48.17 (2) (c) of the statutes is amended to read:
AB817,15,722
48.17
(2) (c) The citation procedures described in ch. 800 shall govern
23proceedings involving children in municipal court, except that this chapter shall
24govern the taking and holding of a child in custody. When a child is before the court
25assigned to exercise jurisdiction under this chapter upon a citation alleging the child
1to have violated a civil law or municipal ordinance, the procedures specified in s.
248.237 shall apply. If a citation is issued to a child, the issuing agency shall notify
3the child's parent or guardian within 7 days. The agency issuing a citation to a child
4who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b),
5125.09 (2),
161.573 (2), 161.574 (2) or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575
6(2) or an ordinance conforming to one of those statutes shall send a copy to an intake
7worker under s. 48.24 for informational purposes only.
AB817, s. 27
8Section
27. 48.17 (2) (d) of the statutes is amended to read:
AB817,15,239
48.17
(2) (d) If a municipal court finds that the child violated a municipal
10ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
11conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2),
161.573 (2), 161.574 (2)
12or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the
13dispositional orders permitted under s. 48.343 (1), (2), (4), (5), (6), (7) or (8). If a child
14fails to pay the forfeiture imposed by the municipal court, the court shall not impose
15a jail sentence but may suspend any license issued under ch. 29 for not less than 30
16nor more than 90 days, or suspend the child's operating privilege, as defined in s.
17340.01 (40), for not less than 30 nor more than 90 days. If a court suspends a license
18or privilege under this section, the court shall immediately take possession of the
19applicable license and forward it to the department that issued the license, together
20with the notice of suspension clearly stating that the suspension is for failure to pay
21a forfeiture imposed by the court. If the forfeiture is paid during the period of
22suspension, the court shall immediately notify the department, which shall
23thereupon return the license to the person.
AB817, s. 28
24Section
28. 48.17 (2) (e) of the statutes is amended to read:
AB817,16,4
148.17
(2) (e) If a municipal court finds that a child violated a municipal
2ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2),
161.573
3(2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall
4enter a dispositional order under s. 48.344.
AB817, s. 29
5Section
29. 48.18 (1) (a) 1. of the statutes is amended to read:
AB817,16,96
48.18
(1) (a) 1. If the child is alleged to have attempted to violate s. 940.01 on
7or after the child's 14th birthday or is alleged to have violated s.
161.41 (1), 940.01,
8940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31
or
, 943.10 (2)
or 961.41 (1) on or
9after the child's 14th birthday.
AB817, s. 30
10Section
30. 48.18 (1) (a) 2. of the statutes is amended to read:
AB817,16,1411
48.18
(1) (a) 2. If the child is alleged to have committed, on or after the child's
1214th birthday, a violation, at the request of or for the benefit of a criminal gang, as
13defined in s. 939.22 (9), that would constitute a felony under
ch. 161 or under chs. 939
14to 948
or 961 if committed by an adult.
AB817, s. 31
15Section
31. 48.24 (2m) (a) 1. of the statutes is amended to read: