LRB-4203/1
JEO:kaf:lp
1997 - 1998 LEGISLATURE
February 10, 1998 - Introduced by Senators Darling, Welch, Wirch, Rosenzweig,
Moen, A. Lasee, Schultz, Drzewiecki, Huelsman, Fitzgerald, Farrow,
Roessler and Panzer, cosponsored by Representatives Green, Jensen,
Brandemuehl, Dobyns, Ott, Otte, Ryba, Olsen, Kreibich, Underheim, Porter,
Plale, Urban, Musser, Ladwig, Walker, Lorge, Gard, Robson, Lazich, Plouff,
Zukowski, Owens, Albers, F. Lasee, Harsdorf, Gunderson, Klusman and
Hasenohrl. Referred to Committee on Judiciary, Campaign Finance Reform
and Consumer Affairs.
SB455,1,2
1An Act to renumber 961.14 (5) (a); and
to create 961.14 (5) (ag) of the statutes;
2relating to: making gamma hydroxybutyrate a controlled substance.
Analysis by the Legislative Reference Bureau
Current law places various restrictions on controlled substances (dangerous
drugs). The substances are regulated based on their schedule designations. The
legislature by law or the controlled substances board by rule places a controlled
substance in schedule I, II, III, IV or V based on the substance's accepted medical use
and the potential for abuse of the substance. Schedule I includes substances that
have a high potential for abuse, do not have a currently accepted medical use in
treatment in the United States and lack accepted safety for use in treatment under
medical supervision. Because schedule I controlled substances have no currently
accepted medical use, they generally cannot be manufactured, possessed or used
except for such limited activities as scientific research or instruction.
Current law provides penalties for unlawful acts relating to controlled
substances in schedule I. Generally, the penalty for unlawful manufacture,
distribution or delivery of a schedule I controlled substance or unlawful possession
of a schedule I controlled substance with intent to manufacture, distribute or deliver
is a fine of not more than $15,000 or imprisonment for not more than 5 years or both.
The penalty for unlawful possession of schedule I controlled substances is usually a
fine of not more than $500 or imprisonment for not more than 30 days or both.
(Current law provides different penalties for unlawful acts relating to certain
schedule I controlled substances, such as narcotic drugs, various hallucinogens and
marijuana.) In addition, a person who is convicted of delivering or distributing a
schedule I controlled substance, or possessing a schedule I controlled substance with
intent to distribute or deliver, in certain places (such as within 1,000 feet of a jail or
prison, a park or a school or on a public transit vehicle), will be subject to certain
minimum penalties or certain penalty enhancers or both.
This bill makes gamma hydroxybutyrate (GHB), which is a central nervous
system depressant, a schedule I controlled substance. GHB is not currently included
in any of the schedules of controlled substances. As a schedule I controlled
substance, the unlawful manufacture, delivery, distribution or possession of GHB
will be subject to the general penalties provided under current law for schedule I
controlled substances other than narcotic drugs, various hallucinogens and
marijuana.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB455, s. 1
1Section
1. 961.14 (5) (a) of the statutes is renumbered 961.14 (5) (am).
SB455, s. 2
2Section
2. 961.14 (5) (ag) of the statutes is created to read:
SB455,2,33
961.14
(5) (ag) Gamma hydroxybutyrate (GHB).
