AB817,149,42 3. A substance with respect to which an exemption is in effect for
3investigational use by a particular person under 21 USC 355 to the extent that
4conduct with respect to the substance is permitted by the exemption; or
AB817,149,65 4. Any substance to the extent not intended for human consumption before an
6exemption takes effect with respect to the substance.
AB817, s. 465 7Section 465. 961.01 (11m) of the statutes is created to read:
AB817,149,98 961.01 (11m) "Drug enforcement administration" means the drug enforcement
9administration of the U.S. department of justice or its successor agency.
AB817, s. 466 10Section 466. 961.01 (12g) of the statutes is created to read:
AB817,149,1511 961.01 (12g) "Isomer" means an optical isomer, but in ss. 961.14 (2) (er) and
12(qs) and 961.16 (2) (b) 1. "isomer" includes any geometric isomer; in ss. 961.14 (2) (cg),
13(tg) and (xm) and 961.20 (4) (am) "isomer" includes any positional isomer; and in ss.
14961.14 (2) (rj) and (4) and 961.18 (2m) "isomer" includes any positional or geometric
15isomer.
AB817, s. 467 16Section 467. 961.01 (15) (bm) of the statutes is created to read:
AB817,149,2017 961.01 (15) (bm) Synthetic opiate, and any derivative of synthetic opiate,
18including any of their isomers, esters, ethers, esters and ethers of isomers, salts and
19salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically
20possible within the specific chemical designation.
AB817, s. 468 21Section 468. 961.01 (15) (d) of the statutes is created to read:
AB817,149,2322 961.01 (15) (d) Any compound, mixture or preparation containing any quantity
23of any substance included in pars. (a) to (c).
AB817, s. 469 24Section 469. 961.11 (1r) of the statutes is created to read:
AB817,150,3
1961.11 (1r) The controlled substances board may consider findings of the
2federal food and drug administration or the drug enforcement administration as
3prima facie evidence relating to one or more of the determinative factors.
AB817, s. 470 4Section 470. 961.11 (4m) of the statutes is created to read:
AB817,150,245 961.11 (4m) The controlled substances board, by rule and without regard to the
6requirements of sub. (1m), may schedule a controlled substance analog as a
7substance in schedule I regardless of whether the substance is substantially similar
8to a controlled substance in schedule I or II, if the board finds that scheduling of the
9substance on an emergency basis is necessary to avoid an imminent hazard to the
10public safety and the substance is not included in any other schedule or no exemption
11or approval is in effect for the substance under 21 USC 355. Upon receipt of notice
12under s. 961.25, the board shall initiate scheduling of the controlled substance
13analog on an emergency basis under this subsection. The scheduling of a controlled
14substance analog under this subsection expires one year after the adoption of the
15scheduling rule. With respect to the finding of an imminent hazard to the public
16safety, the board shall consider whether the substance has been scheduled on a
17temporary basis under federal law or factors under sub. (1m) (d), (e) and (f), and may
18also consider clandestine importation, manufacture or distribution, and, if available,
19information concerning the other factors under sub. (1m). The board may not
20promulgate a rule under this subsection until it initiates a rule-making proceeding
21under subs. (1), (1m), (1r) and (2) with respect to the controlled substance analog.
22A rule promulgated under this subsection lapses upon the conclusion of the
23rule-making proceeding initiated under subs. (1), (1m), (1r) and (2) with respect to
24the substance.
AB817, s. 471 25Section 471. 961.13 (2m) of the statutes is created to read:
AB817,151,4
1961.13 (2m) The controlled substances board may add a substance to schedule
2I without making the findings required under sub. (1m) if the substance is controlled
3under schedule I of 21 USC 812 (c) by a federal agency as the result of an
4international treaty, convention or protocol.
AB817, s. 472 5Section 472. 961.15 (2m) of the statutes is created to read:
AB817,151,96 961.15 (2m) The controlled substances board may add a substance to schedule
7II without making the findings required under sub. (1m) if the substance is
8controlled under schedule II of 21 USC 812 (c) by a federal agency as the result of an
9international treaty, convention or protocol.
AB817, s. 473 10Section 473. 961.16 (3) (cm) of the statutes is created to read:
AB817,151,1111 961.16 (3) (cm) Carfentanal;
AB817, s. 474 12Section 474. 961.17 (2m) of the statutes is created to read:
AB817,151,1613 961.17 (2m) The controlled substances board may add a substance to schedule
14III without making the findings required under sub. (1m) if the substance is
15controlled under schedule III of 21 USC 812 (c) by a federal agency as the result of
16an international treaty, convention or protocol.
AB817, s. 475 17Section 475. 961.18 (3) (m) 1., 2. and 3. of the statutes are created to read:
AB817,151,1818 961.18 (3) (m) 1. Amobarbital.
AB817,151,1919 2. Secobarbital.
AB817,151,2020 3. Pentobarbital.
AB817, s. 476 21Section 476. 961.18 (3) (n) 1., 2. and 3. of the statutes are created to read:
AB817,151,2222 961.18 (3) (n) 1. Amobarbital.
AB817,151,2323 2. Secobarbital.
AB817,151,2424 3. Pentobarbital.
AB817, s. 477 25Section 477. 961.19 (2m) of the statutes is created to read:
AB817,152,4
1961.19 (2m) The controlled substances board may add a substance to schedule
2IV without making the findings required under sub. (1m) if the substance is
3controlled under schedule IV of 21 USC 812 (c) by a federal agency as the result of
4an international treaty, convention or protocol.
AB817, s. 478 5Section 478. 961.20 (2m) (ad) of the statutes is created to read:
AB817,152,66 961.20 (2m) (ad) Cathine.
AB817, s. 479 7Section 479. 961.20 (2m) (br) of the statutes is created to read:
AB817,152,88 961.20 (2m) (br) Mefenorex.
AB817, s. 480 9Section 480. 961.21 (2m) of the statutes is created to read:
AB817,152,1310 961.21 (2m) The controlled substances board may add a substance to schedule
11V without making the findings required by sub. (1m) if the substance is controlled
12under schedule V of 21 USC 811 (c) by a federal agency as the result of an
13international treaty, convention or protocol.
AB817, s. 481 14Section 481. 961.22 (3) of the statutes is created to read:
AB817,152,1815 961.22 (3) Stimulants. Any material, compound, mixture or preparation which
16contains any quantity of any of the following substances having a stimulant effect
17on the central nervous system, including any of their salts, isomers and salts of
18isomers that are theoretically possible within the specific chemical designation:
AB817,152,1919 (a) Pyrovalerone.
AB817, s. 482 20Section 482. 961.25 of the statutes is created to read:
AB817,153,5 21961.25 Controlled substance analog treated as a schedule I substance.
22A controlled substance analog, to the extent it is intended for human consumption,
23shall be treated, for the purposes of this chapter, as a substance included in schedule
24I, unless a different treatment is specifically provided. No later than 60 days after
25the commencement of a prosecution concerning a controlled substance analog, the

1district attorney shall provide the controlled substances board with information
2relevant to emergency scheduling under s. 961.11 (4m). After a final determination
3by the controlled substances board that the controlled substance analog should not
4be scheduled, no prosecution relating to that substance as a controlled substance
5analog may be commenced or continued.
AB817, s. 483 6Section 483. 961.38 (1g) of the statutes is created to read:
AB817,153,87 961.38 (1g) In this section, "medical treatment" includes dispensing or
8administering a narcotic drug for pain, including intractable pain.
AB817, s. 484 9Section 484. 961.38 (4g) of the statutes is created to read:
AB817,153,1210 961.38 (4g) A practitioner may dispense or deliver a controlled substance to or
11for an individual or animal only for medical treatment or authorized research in the
12ordinary course of that practitioner's profession.
AB817, s. 485 13Section 485. 961.38 (4r) of the statutes is created to read:
AB817,153,1714 961.38 (4r) A pharmacist is immune from any civil or criminal liability and
15from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a
16reasonable belief that an order purporting to be a prescription was issued by a
17practitioner in the usual course of professional treatment or in authorized research.
AB817, s. 486 18Section 486. 961.395 of the statutes is created to read:
AB817,153,21 19961.395 Limitation on advanced practice nurses. (1) An advanced
20practice nurse who is certified under s. 441.16 may prescribe controlled substances
21only as permitted by the rules promulgated under s. 441.16 (3).
AB817,153,23 22(2) An advanced practice nurse certified under s. 441.16 shall include with each
23prescription order all of the following:
AB817,153,2424 (a) A statement that he or she is certified under s. 441.16.
AB817,154,2
1(b) The indicated use of the controlled substance that he or she is prescribing
2in the prescription order.
AB817,154,5 3(3) An advanced practice nurse certified under s. 441.16 may dispense a
4controlled substance only by prescribing or administering the controlled substance
5or as otherwise permitted by the rules promulgated under s. 441.16 (3).
AB817, s. 487 6Section 487. 961.41 (1n) of the statutes is created to read:
AB817,154,107 961.41 (1n) Piperidine possession. (a) No person may possess any quantity
8of piperidine or its salts with the intent to use the piperidine or its salts to
9manufacture a controlled substance or controlled substance analog in violation of
10this chapter.
AB817,154,1411 (b) No person may possess any quantity of piperidine or its salts if he or she
12knows or has reason to know that the piperidine or its salts will be used to
13manufacture a controlled substance or controlled substance analog in violation of
14this chapter.
AB817,154,1615 (c) A person who violates par. (a) or (b) may be fined not more than $250,000
16or imprisoned for not more than 10 years or both.
AB817, s. 488 17Section 488. 961.41 (1x) (title) of the statutes is created to read:
AB817,154,1818 961.41 (1x) (title) Conspiracy.
AB817, s. 489 19Section 489. 961.41 (4) (title) of the statutes is created to read:
AB817,154,2020 961.41 (4) (title) Imitation controlled substances.
AB817, s. 490 21Section 490. 961.41 (5) (title) of the statutes is created to read:
AB817,154,2222 961.41 (5) (title) Drug abuse program improvement surcharge.
AB817, s. 491 23Section 491. 961.49 (3) of the statutes is created to read:
AB817,154,2524 961.49 (3) A person who violates sub. (1) may be subject to increased penalties
25under both subs. (1) and (2) regarding the same unlawful act.
AB817, s. 492
1Section 492. 961.573 (2) of the statutes, as affected by 1995 Wisconsin Acts
277, section 494, and .... (this act), is repealed and recreated to read:
AB817,155,43 961.573 (2) Any person who violates this section who is under 17 years of age
4is subject to a disposition under s. 938.344 (2e).
AB817, s. 493 5Section 493. 961.574 (2) of the statutes, as affected by 1995 Wisconsin Acts
677, section 495, and .... (this act), is repealed and recreated to read:
AB817,155,87 961.574 (2) Any person who violates this section who is under 17 years of age
8is subject to a disposition under s. 938.344 (2e).
AB817, s. 494 9Section 494. 961.575 (2) of the statutes, as affected by 1995 Wisconsin Acts
1077, section 496, and .... (this act), is repealed and recreated to read:
AB817,155,1211 961.575 (2) Any person who violates this section who is under 17 years of age
12is subject to a disposition under s. 938.344 (2e).
AB817, s. 495 13Section 495. 967.055 (1) (a) of the statutes is amended to read:
AB817,155,2314 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution
15of offenses concerning the operation of motor vehicles by persons under the influence
16of an intoxicant, a controlled substance, a controlled substance analog or both any
17combination of an intoxicant, controlled substance and controlled substance analog
,
18under the influence of any other drug to a degree which renders him or her incapable
19of safely driving, or under the combined influence of an intoxicant and any other drug
20to a degree which renders him or her incapable of safely driving or having a
21prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses
22concerning the operation of commercial motor vehicles by persons with an alcohol
23concentration of 0.04 or more.
AB817, s. 496 24Section 496. 967.055 (1) (b) of the statutes is amended to read:
AB817,156,8
1967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
2of offenses concerning the operation of motorboats by persons under the influence of
3an intoxicant, a controlled substance, a controlled substance analog or both any
4combination of an intoxicant, controlled substance and controlled substance analog

5to a degree which renders him or her incapable of operating a motorboat safely, or
6under the combined influence of an intoxicant and any other drug to a degree which
7renders him or her incapable of operating a motorboat safely or having a blood
8alcohol concentration of 0.1% or more.
AB817, s. 497 9Section 497. 967.055 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
10113
, is amended to read:
AB817,157,311 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
12or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
13therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
14use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
15to the court. The application shall state the reasons for the proposed amendment or
16dismissal. The court may approve the application only if the court finds that the
17proposed amendment or dismissal is consistent with the public's interest in deterring
18the operation of motor vehicles by persons who are under the influence of an
19intoxicant, a controlled substance, a controlled substance analog or both any
20combination of an intoxicant, controlled substance and controlled substance analog
,
21under the influence of any other drug to a degree which renders him or her incapable
22of safely driving, or under the combined influence of an intoxicant and any other drug
23to a degree which renders him or her incapable of safely driving, or in deterring the
24operation of commercial motor vehicles by persons with an alcohol concentration of
250.04 or more. The court may not approve an application to amend the vehicle

1classification from a commercial motor vehicle to a noncommercial motor vehicle
2unless there is evidence in the record that the motor vehicle being operated by the
3defendant at the time of his or her arrest was not a commercial motor vehicle.
AB817, s. 498 4Section 498. 967.055 (2) (b) of the statutes is amended to read:
AB817,157,195 967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
6or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith,
7a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in
8conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the
9use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall
10apply to the court. The application shall state the reasons for the proposed
11amendment or dismissal. The court may approve the application only if the court
12finds that the proposed amendment or dismissal is consistent with the public's
13interest in deterring the operation of motorboats by persons who are under the
14influence of an intoxicant, a controlled substance, a controlled substance analog or
15both any combination of an intoxicant, controlled substance and controlled
16substance analog
, under the influence of any other drug to a degree which renders
17him or her incapable of operating a motorboat safely, or under the combined influence
18of an intoxicant and any other drug to a degree which renders him or her incapable
19of operating a motorboat safely.
AB817, s. 499 20Section 499. 968.13 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
2111
, is amended to read:
AB817,158,522 968.13 (1) (a) Contraband, which includes without limitation because of
23enumeration lottery tickets, gambling machines or other gambling devices, lewd,
24obscene or indecent written matter, pictures, sound recordings or motion picture
25films, forged money or written instruments and the tools, dies, machines or materials

1for making them, and controlled substances, as defined in s. 161.01 961.01 (4), and
2controlled substance analogs, as defined in s. 961.01 (4m),
and the implements for
3smoking or injecting them. Gambling machines or other gambling devices possessed
4by a shipbuilding business that complies with s. 945.095 are not subject to this
5section.
AB817, s. 500 6Section 500. 968.28 of the statutes is amended to read:
AB817,158,20 7968.28 Application for court order to intercept communications. The
8attorney general together with the district attorney of any county may approve a
9request of an investigative or law enforcement officer to apply to the chief judge of
10the judicial administrative district for the county where the interception is to take
11place for an order authorizing or approving the interception of wire, electronic or oral
12communications. The chief judge may under s. 968.30 grant an order authorizing or
13approving the interception of wire, electronic or oral communications by
14investigative or law enforcement officers having responsibility for the investigation
15of the offense for which the application is made. The authorization shall be permitted
16only if the interception may provide or has provided evidence of the commission of
17the offense of homicide, felony murder, kidnapping, commercial gambling, bribery,
18extortion or, dealing in controlled substances or controlled substance analogs, a
19computer crime that is a felony under s. 943.70, or any conspiracy to commit any of
20the foregoing offenses.
AB817, s. 501 21Section 501. 970.035 of the statutes is amended to read:
AB817,159,8 22970.035 Preliminary examination; child younger than 16 years old.
23Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held
24regarding a child who was waived under s. 48.18 for a violation which is alleged to
25have occurred prior to his or her 16th birthday, the court may bind the child over for

1trial only if there is probable cause to believe that a crime under s. 940.01 has been
2attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05, 940.06,
3940.225 (1), 940.305, 940.31 or, 943.10 (2) or 961.41 (1) has been committed or that
4a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961
5if committed by an adult has been committed at the request of or for the benefit of
6a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those
7findings, the court shall order that the child be discharged but proceedings may be
8brought regarding the child under ch. 48.
AB817, s. 502 9Section 502. 970.035 of the statutes, as affected by 1995 Wisconsin Acts 77 and
10.... (this act), is repealed and recreated to read:
AB817,159,21 11970.035 Preliminary examination; child younger than 16 years old.
12Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held
13regarding a child who was waived under s. 938.18 for a violation which is alleged to
14have occurred prior to his or her 15th birthday, the court may bind the child over for
15trial only if there is probable cause to believe that a crime under s. 940.03, 940.06,
16940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been
17committed or that a crime that would constitute a felony under chs. 939 to 948 or 961
18if committed by an adult has been committed at the request of or for the benefit of
19a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those
20findings, the court shall order that the child be discharged but proceedings may be
21brought regarding the child under ch. 938.
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