LRB-2031/1
RLR:wlj:nwn
2007 - 2008 LEGISLATURE
August 7, 2007 - Introduced by Representatives Wasserman, Cullen, Townsend,
Sheridan, A. Ott, Hines and Berceau, cosponsored by Senators Lassa,
Leibham and Roessler. Referred to Committee on Criminal Justice.
AB477,1,2
1An Act to create 941.318 of the statutes;
relating to: Salvia divinorum and
2providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits manufacturing, distributing, or delivering the active
chemical ingredient in the plant Salvia divinorum (salvinorin A) with the intent that
it be consumed by a person. The bill makes an exception to this prohibition for
salvinorin A that is recognized by the U.S. Food and Drug Administration as a
homeopathic drug and that may be obtained from a retail store without a
prescription. The penalty for violating the prohibition is a fine not to exceed $10,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB477, s. 1
3Section
1. 941.318 of the statutes is created to read:
AB477,1,4
4941.318 Salvia divinorum. (1) In this section:
AB477,1,65
(a) "Deliver," with respect to a plant ingredient, has the same meaning given
6in s. 961.01 (6) with respect to a controlled substance or controlled substance analog.
AB477,1,87
(b) "Distribute," with respect to a plant ingredient, has the same meaning given
8in s. 961.01 (9) with respect to a controlled substance or controlled substance analog.
AB477,2,3
1(c) "Manufacture," with respect to a plant ingredient, has the same meaning
2given in s. 961.01 (13) with respect to a controlled substance or controlled substance
3analog.
AB477,2,6
4(2) Except as provided in sub. (3), whoever manufactures, distributes, or
5delivers the active chemical ingredient in the plant Salvia divinorum with intent
6that it be consumed by an individual may be fined not more than $10,000.
AB477,2,10
7(3) Subsection (2) does not apply to the manufacture, distribution, or delivery
8of any dosage form of the active chemical ingredient in the plant Salvia divinorum
9that may be obtained from a retail establishment without a prescription and that is
10recognized by the U.S. Food and Drug Administration as a homeopathic drug.
