LRB-1004/1
RLR:kjf:ph
2009 - 2010 LEGISLATURE
April 2, 2009 - Introduced by Representatives Cullen, Staskunas, Richards,
Gunderson, Berceau, Nass, Kleefisch, Bies and Spanbauer, cosponsored by
Senators Plale, Taylor and Lehman. Referred to Committee on Public Health.
AB186,1,2
1An Act to create 941.318 of the statutes;
relating to: salvinorin A and providing
2a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits manufacturing, distributing, or delivering salvinorin A, a
psychotropic ingredient in the plant Salvia divinorum, with the intent that it be
consumed by a person. However, the prohibition does not apply to manufacturing
a form of salvinorin A that is recognized by the U.S. Food and Drug Administration
as a homeopathic drug and that may be obtained from a retail store without a
prescription, or to distributing or delivering such a form of salvinorin A to a person
who is 18 years of age or older. The penalty for violating the prohibition is a fine not
to exceed $10,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB186, s. 1
3Section
1. 941.318 of the statutes is created to read:
AB186,1,4
4941.318 Salvia divinorum. (1) In this section:
AB186,1,65
(a) "Deliver," with respect to salvinorin A, has the same meaning given in s.
6961.01 (6) with respect to a controlled substance or controlled substance analog.
AB186,2,2
1(b) "Distribute," with respect to salvinorin A, has the same meaning given in
2s. 961.01 (9) with respect to a controlled substance or controlled substance analog.
AB186,2,53
(c) "Manufacture," with respect to salvinorin A, has the same meaning given
4in s. 961.01 (13) with respect to a controlled substance or controlled substance
5analog.
AB186,2,8
6(2) Except as provided in sub. (3), whoever manufactures, distributes, or
7delivers salvinorin A with intent that it be consumed by an individual may be fined
8not more than $10,000.
AB186,2,12
9(3) (a) Subsection (2) does not apply to the manufacture of any dosage form of
10salvinorin A that may be obtained from a retail establishment without a prescription
11and that is recognized by the U.S. Food and Drug Administration as a homeopathic
12drug.
AB186,2,1613
(b) Subsection (2) does not apply to the distribution or delivery to an individual
14who is 18 years of age or older of any dosage form of salvinorin A that may be obtained
15from a retail establishment without a prescription and that is recognized by the U.S.
16Food and Drug Administration as a homeopathic drug.
