AB817, s. 109 24Section 109. 161.001 (2) of the statutes is renumbered 961.001 (2).
AB817, s. 110 25Section 110. 161.001 (3) of the statutes is renumbered 961.001 (3).
AB817, s. 111
1Section 111. Subchapter I (title) of chapter 161 [precedes 161.01] of the
2statutes is renumbered subchapter I (title) of chapter 961 [precedes 961.01].
AB817, s. 112 3Section 112. 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).
AB817, s. 113 4Section 113. 161.01 (1) of the statutes is renumbered 961.01 (1), and 961.01
5(1) (intro.), as renumbered, is amended to read:
AB817,41,96 961.01 (1) (intro.) "Administer", unless the context otherwise requires, means
7the direct application of to apply a controlled substance, whether by injection,
8inhalation, ingestion or any other means, to the body of a patient or research subject
9by:
AB817, s. 114 10Section 114. 161.01 (2) of the statutes is renumbered 961.01 (2) and amended
11to read:
AB817,41,1612 961.01 (2) "Agent", unless the context otherwise requires, means an authorized
13person who acts on behalf of or at the direction of a manufacturer, distributor or
14dispenser. It "Agent" does not include a common or contract carrier, public
15warehouse keeper or employe of the carrier or warehouse keeper while acting in the
16usual and lawful course of the carrier's or warehouse keeper's business
.
AB817, s. 115 17Section 115. 161.01 (3) of the statutes is repealed.
AB817, s. 116 18Section 116. 161.01 (4) of the statutes is renumbered 961.01 (4) and amended
19to read:
AB817,41,2120 961.01 (4) "Controlled substance" means a drug, substance or immediate
21precursor included in schedules I to V of subch. II.
AB817, s. 117 22Section 117. 161.01 (5) of the statutes is renumbered 961.01 (5).
AB817, s. 118 23Section 118. 161.01 (6) of the statutes is renumbered 961.01 (6) and amended
24to read:
AB817,42,4
1961.01 (6) "Deliver" or "delivery" , unless the context otherwise requires, means
2the actual, constructive or attempted transfer from one person to another of a
3controlled substance or controlled substance analog, whether or not there is any
4agency relationship.
AB817, s. 119 5Section 119. 161.01 (7) of the statutes is renumbered 961.01 (7).
AB817, s. 120 6Section 120. 161.01 (8) of the statutes is renumbered 961.01 (8).
AB817, s. 121 7Section 121. 161.01 (9) of the statutes is renumbered 961.01 (9) and amended
8to read:
AB817,42,109 961.01 (9) "Distribute" means to deliver other than by administering or
10dispensing a controlled substance or controlled substance analog.
AB817, s. 122 11Section 122. 161.01 (10) of the statutes is renumbered 961.01 (10).
AB817, s. 123 12Section 123. 161.01 (10m) of the statutes is renumbered 961.01 (10m).
AB817, s. 124 13Section 124. 161.01 (11) of the statutes is renumbered 961.01 (11), and 961.01
14(11) (a), as renumbered, is amended to read:
AB817,42,1515 961.01 (11) (a) "Drug" means any of the following:
AB817,42,1816 1. Substances A substance recognized as drugs a drug in the official United
17States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or
18official National Formulary or any supplement to any of them;.
AB817,42,2019 2. Substances A substance intended for use in the diagnosis, cure, mitigation,
20treatment or prevention of disease in humans or animals; .
AB817,42,2221 3. Substances A substance, other than food, intended to affect the structure or
22any function of the body of humans or animals; and.
AB817,42,2423 4. Substances A substance intended for use as a component of any article
24specified in subd. 1., 2. or 3.
AB817, s. 125 25Section 125. 161.01 (12) of the statutes is renumbered 961.01 (12).
AB817, s. 126
1Section 126. 161.01 (12m) of the statutes is renumbered 961.01 (12m).
AB817, s. 127 2Section 127. 161.01 (13) of the statutes is renumbered 961.01 (13), and 961.01
3(13) (intro.), as renumbered, is amended to read:
AB817,43,134 961.01 (13) (intro.) "Manufacture" means the production, preparation,
5propagation, compounding, conversion or processing of, or
to produce, prepare,
6propagate, compound, convert or process, a controlled substance or controlled
7substance analog
, directly or indirectly, by extraction from substances of natural
8origin, chemical synthesis or a combination of extraction and chemical synthesis,
9and includes including to package or repackage or the packaging or repackaging of
10the substance, or to label or to relabel or the labeling or relabeling of its container.
11"Manufacture" does not include mean to prepare, compound, package, repackage,
12label or relabel or
the preparation, compounding, packaging, repackaging, labeling
13or relabeling of a controlled substance:
AB817, s. 128 14Section 128. 161.01 (14) of the statutes is renumbered 961.01 (14) and
15amended to read:
AB817,43,2416 961.01 (14) "Marijuana" means all parts of the plants of the genus Cannabis,
17whether growing or not; the seeds thereof; the resin extracted from any part of the
18plant; and every compound, manufacture, salt, derivative, mixture or preparation of
19the plant, its seeds or resin, including tetrahydrocannabinols. It "Marijuana" does
20not include the mature stalks if mixed with other parts of the plant, but does not
21include
fiber produced from the stalks, oil or cake made from the seeds of the plant,
22any other compound, manufacture, salt, derivative, mixture or preparation of the
23mature stalks (except the resin extracted therefrom), fiber, oil or cake or the
24sterilized seed of the plant which is incapable of germination.
AB817, s. 129 25Section 129. 161.01 (14m) of the statutes is renumbered 961.01 (14m).
AB817, s. 130
1Section 130. 161.01 (15) (intro.) of the statutes is renumbered 961.01 (15)
2(intro.).
AB817, s. 131 3Section 131. 161.01 (15) (a) of the statutes is renumbered 961.01 (15) (a) and
4amended to read:
AB817,44,95 961.01 (15) (a) Opium and opiate substances derived from opium, and any salt,
6compound, derivative or preparation of opium or opiate substances derived from
7opium, including any of their salts, isomers and salts of isomers that are theoretically
8possible within the specific chemical designation. The term does not include the
9isoquinoline alkaloids of opium
.
AB817, s. 132 10Section 132. 161.01 (15) (b) of the statutes is repealed.
AB817, s. 133 11Section 133. 161.01 (15) (c) of the statutes is renumbered 961.01 (15) (c) and
12amended to read:
AB817,44,1313 961.01 (15) (c) Opium poppy and, poppy straw and concentrate of poppy straw.
AB817, s. 134 14Section 134. 161.01 (16) of the statutes is renumbered 961.01 (16) and
15amended to read:
AB817,44,2316 961.01 (16) "Opiate" means any substance having an addiction-forming or
17addiction-sustaining liability similar to morphine or being capable of conversion
18into a drug having addiction-forming or addiction-sustaining liability. It "Opiate"
19includes opium, substances derived from opium and synthetic opiates. "Opiate"
does
20not include, unless specifically designated scheduled as a controlled substance under
21s. 161.11 961.11, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan
223-methoxy-N-methylmorphinan and its salts (dextromethorphan). It "Opiate" does
23include its the racemic and levorotatory forms of dextromethorphan.
AB817, s. 135 24Section 135. 161.01 (17) of the statutes is renumbered 961.01 (17) and
25amended to read:
AB817,45,2
1961.01 (17) "Opium poppy" means the any plant of the species Papaver
2Somniferum somniferum L., except its seeds.
AB817, s. 136 3Section 136. 161.01 (18) of the statutes is renumbered 961.01 (18).
AB817, s. 137 4Section 137. 161.01 (19) of the statutes is renumbered 961.01 (19), and 961.01
5(19) (a), as renumbered, is amended to read:
AB817,45,106 961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian,
7podiatrist, optometrist, scientific investigator or other person licensed, registered,
8certified or otherwise permitted to distribute, dispense, conduct research with
9respect to or, administer or use in teaching or chemical analysis a controlled
10substance in the course of professional practice or research in this state.
AB817, s. 138 11Section 138. 161.01 (20) of the statutes is renumbered 961.01 (20) and
12amended to read:
AB817,45,1613 961.01 (20) "Production", unless the context otherwise requires, includes the
14manufacture, manufacturing of a controlled substance or controlled substance
15analog and the
planting, cultivation cultivating, growing or harvesting of a plant
16from which
a controlled substance or controlled substance analog is derived.
AB817, s. 139 17Section 139. 161.01 (20g) of the statutes is renumbered 961.01 (20g).
AB817, s. 140 18Section 140. 161.01 (20i) of the statutes is renumbered 961.01 (20i).
AB817, s. 141 19Section 141. 161.01 (20m) of the statutes is renumbered 961.01 (2m), and
20961.01 (2m) (a), as renumbered, is amended to read:
AB817,46,321 961.01 (2m) (a) "Anabolic steroid" means any drug or hormonal substance,
22chemically or pharmacologically related to testosterone (except estrogens, progestin,
23and corticosteroids), that promotes muscle growth. The term includes all of the
24substances listed included in s. 161.18 961.18 (7), and any of their esters, isomers,
25esters of isomers, salts and salts of esters, isomers and esters of isomers, that are

1theoretically possible under within the specific chemical designation, and if such
2esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of
3isomers promote muscle growth.
AB817, s. 142 4Section 142. 161.01 (21) of the statutes is renumbered 961.01 (21) and
5amended to read:
AB817,46,106 961.01 (21) "Ultimate user" means a person an individual who lawfully
7possesses a controlled substance for that person's individual's own use or for the use
8of a member of that person's individual's household or for administering to an animal
9owned by that person individual or by a member of that person's individual's
10household.
AB817, s. 143 11Section 143. 161.01 (22) of the statutes is renumbered 961.01 (22).
AB817, s. 144 12Section 144. Subchapter II (title) of chapter 161 [precedes 161.11] of the
13statutes is renumbered subchapter II (title) of chapter 961 [precedes 961.11].
AB817, s. 145 14Section 145. 161.11 (title) of the statutes is renumbered 961.11 (title).
AB817, s. 146 15Section 146. 161.11 (1) (intro.) of the statutes is renumbered 961.11 (1) (intro.)
16and amended to read:
AB817,46,2117 961.11 (1) (intro.) The controlled substances board shall administer this
18subchapter and may add substances to or delete or reschedule all substances
19enumerated listed in the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22
20961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures
21of ch. 227.
AB817,46,23 22(1m) In making a determination regarding a substance, the board shall
23consider the following:
AB817, s. 147 24Section 147. 161.11 (1) (a) to (h) of the statutes are renumbered 961.11 (1m)
25(a) to (h), and 961.11 (1m) (g), as renumbered, is amended to read:
AB817,47,2
1961.11 (1m) (g) The potential of the substance to produce psychic psychological
2or physical dependence liability; and
AB817, s. 148 3Section 148. 161.11 (2) of the statutes is renumbered 961.11 (2) and amended
4to read:
AB817,47,85 961.11 (2) After considering the factors enumerated in sub. (1) (1m), the
6controlled substances board shall make findings with respect thereto to them and
7issue promulgate a rule controlling the substance if it finds upon finding that the
8substance has a potential for abuse.
AB817, s. 149 9Section 149. 161.11 (3) of the statutes is renumbered 961.11 (3) and amended
10to read:
AB817,47,1811 961.11 (3) The controlled substances board, without regard to the findings
12required by sub. (2) or ss. 961.13, 961.15, 961.17, 961.19 and 961.21 or the procedures
13prescribed by subs. (1), (1m), (1r) and (2), may add an immediate precursor to the
14same schedule in which the controlled substance of which it is an immediate
15precursor is included or to any other schedule.
If the controlled substances board
16designates a substance as an immediate precursor, substances which are precursors
17of the controlled precursor shall not be subject to control solely because they are
18precursors of the controlled precursor.
AB817, s. 150 19Section 150. 161.11 (4) of the statutes is renumbered 961.11 (4) and amended
20to read:
AB817,48,1621 961.11 (4) If any a substance is designated, rescheduled or deleted as a
22controlled substance under federal law and notice thereof is given to the controlled
23substances board, the board by affirmative action shall similarly control treat the
24substance under this chapter after the expiration of 30 days from the date of
25publication in the federal register of a final order designating a the substance as a

1controlled substance or rescheduling or deleting a the substance or from the date of
2issuance of an order of temporary scheduling under 21 USC 811 (h)
, unless within
3that 30-day period, the board or an interested party objects to inclusion,
4rescheduling or deletion. In that case,
the treatment of the substance. If no objection
5is made, the board shall promulgate, without making the determinations or findings
6required by subs. (1), (1m), (1r) and (2) or s. 961.13, 961.15, 961.17, 961.19 or 961.21,
7a final rule, for which notice of proposed rule making is omitted, designating,
8rescheduling, temporarily scheduling or deleting the substance. If an objection is
9made
the board shall publish notice of receipt of the objection and the reasons for
10objection and afford all interested parties an opportunity to be heard. At the
11conclusion of the hearing, the board shall make a determination with respect to the
12treatment of the substance as provided in subs. (1), (1m), (1r) and (2) and
shall
13publish its decision, which shall be final unless altered by statute. Upon publication
14of an objection to inclusion, rescheduling or deletion under this chapter the
15treatment
by the board, control action by the board under this chapter is stayed until
16the board publishes its decision promulgates a rule under sub. (2).
AB817, s. 151 17Section 151. 161.11 (5) of the statutes is renumbered 961.11 (5) and amended
18to read:
AB817,48,2119 961.11 (5) Authority The authority of the controlled substances board to control
20under this section does not extend to intoxicating liquors, as defined in s. 139.01 (3),
21to fermented malt beverages as defined in s. 125.02, or to tobacco.
AB817, s. 152 22Section 152. 161.11 (6) of the statutes is renumbered 961.11 (6), and 961.11
23(6) (b), as renumbered, is amended to read:
AB817,49,624 961.11 (6) (b) If the board finds that any nonnarcotic substance barred from
25control under this chapter by par. (a) is dangerous to or is being so used as to

1endanger the public health and welfare, it may request the department of justice in
2the name of the state to seek a temporary restraining order or temporary injunction
3under ch. 813 to either ban or regulate the sale and possession of the substance. The
4order or injunction shall continue until the adjournment of the legislature convened
5next following its issuance. In making its findings as to nonnarcotic substances
6under this paragraph, the board shall consider the items specified in sub. (1) (1m).
AB817, s. 153 7Section 153. 161.115 of the statutes is renumbered 961.115.
AB817, s. 154 8Section 154. 161.12 of the statutes is renumbered 961.12 and amended to
9read:
AB817,49,13 10961.12 Nomenclature. The controlled substances listed in or to be listed in
11added to the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22 are included
12961.14, 961.16, 961.18, 961.20 and 961.22 may be listed or added by whatever any
13official, common, usual, chemical or trade name designated used for the substance.
AB817, s. 155 14Section 155. 161.13 (title) of the statutes is renumbered 961.13 (title).
AB817, s. 156 15Section 156. 161.13 of the statutes is renumbered 961.13 (1m) and amended
16to read:
AB817,49,1817 961.13 (1m) The controlled substances board shall place add a substance in to
18schedule I if it finds upon finding that the substance:
AB817,49,1919 (a) Has high potential for abuse; and
AB817,49,2120 (b) Has no currently accepted medical use in treatment in the United States
21or lacks; and
AB817,49,22 22(c) Lacks accepted safety for use in treatment under medical supervision.
AB817, s. 157 23Section 157. 161.14 (title) of the statutes is renumbered 961.14 (title).
AB817, s. 158 24Section 158. 161.14 (1) (title) of the statutes is repealed.
AB817, s. 159
1Section 159. 161.14 (1) of the statutes is renumbered 961.14 (intro.) and
2amended to read:
AB817,50,53 961.14 (intro.) Unless specifically excepted by state or federal law or regulation
4or more specifically included in another schedule, the following controlled
5substances are listed in schedule I.:
AB817, s. 160 6Section 160. 161.14 (2) of the statutes is renumbered 961.14 (2), and 961.14
7(2) (intro.), (b), (cg), (dg), (rj) and (xm), as renumbered, are amended to read:
AB817,50,168 961.14 (2) (title) Opiates Synthetic opiates. (intro.) Unless specifically
9excepted under federal regulations or unless listed in another schedule,
Any
10material, compound, mixture or preparation which contains any quantity of
any of
11the following synthetic opiates, or including any of their isomers, esters, ethers,
12esters and ethers of isomers, salts, and salts of isomers, esters of, ethers and esters
13and
ethers, if isomers, esters, ethers, salts or salts of isomers exist that are
14theoretically possible
within the specified specific chemical designation (for
15purposes of par. (tg) only, the term isomer includes the optical and geometric
16isomers)
:
AB817,50,1817 (b) Alphacetylmethadol (except Levo-alphacetylmethadol
18levo-alphacetylmethadol (LAAM));
AB817,50,2119 (cg) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)
20ethyl-4-piperidinyl]-N-phenylpropanamide)

21(N-{1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidiny}-N-phenylpropanamide);
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