STATE OF WISCONSIN
Controlled Substances Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE CONTROLLED SUBSTANCES BOARD
PROPOSED ORDER OF THE CONTROLLED SUBSTANCES BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Controlled Substances Board to amend CSB 3.04 (6) (a) and (b) and 3.07 (1) (c), relating to measurements of controlled substances for purposes of special use authorizations.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 961.335, Stats. Explanation of agency authority:
The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7), submissions of protocols, filing of applications and suspension or revocation of permits. s. 961.335(8), Stats. Related statute or rule: ch. CSB 3 Plain language analysis:
This rule indicates the controlled substances are to be measured in total weight in grams for solid controlled substances and in volume and concentration for liquid controlled substances for purposes of inventory list, records and application purposes.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations require any person who possess, manufactures, distributes or dispenses any controlled substances to register with the U.S. Department of Justice, Drug Enforcement Administration, Office of Diversion Control.
Comparison with rules in adjacent states:
Illinois: Illinois controlled substance license (other) does not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Iowa: Iowa registration for independent activities does not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Michigan: Michigan licenses for controlled substances do not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Minnesota: Minnesota controlled substance registration does not indicate a requirement for total weight or volume of the controlled substances for purposes of inventory list, records or application process.
Summary of factual data and analytical methodologies:
The current rule indicates weight in grams regardless of the state of the liquid. A more accurate reflection of how the substances are measured includes volume for liquid controlled substances. Therefore, the Board is updating the rule to take into consideration the state of the controlled substance and the method for which each state of matter is measured.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
