Related statute or rule: s. 961.14, Stats.
Summary of, and comparison with, existing or proposed federal regulation:
On August 26, 2016, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing thiafentanil into Schedule II of the federal Controlled Substances Act.
Plain language analysis:
The Controlled Substances Board did not receive an objection to treating thiafentanil as a schedule II controlled substance under ch. 961, Stats. based upon the federal scheduling. The Controlled Substances Board took affirmative action on September 27, 2016 to similarly treat thiafentanil under chapter 961 effective October 3, 2016 to allow for publication in the Administrative Register. The Affirmative Action Order will expire upon promulgation of a final rule.
This rule creates s. 961.16 (3) (zx), Stats. which adds thiafentanil to schedule II.
Comparison with rules in adjacent states:
Illinois: Illinois has not scheduled thiafentanil.
Iowa: Iowa is in the process of scheduling thiafentanil as a schedule II.
Michigan: Michigan has not scheduled thiafentanil.
Minnesota: Minnesota has not scheduled thiafentanil.
Summary of factual data and analytical methodologies:
The methodology was to schedule thiafentanil to conform with the federal Controlled Substances Act.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule schedules a drug and does not have an effect on small business.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at, or by calling (608) 267-2435.
Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at
Section 1. CSB 2.44 is created to read:
CSB 2.44 Addition of thiafentanil to schedule II. Section 961.16 (3) (zx), Stats., is created to read:
961.16 (3) (zx) Thiafentanil.
Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.