LRB-1964/1
CMH:cjs:md
2011 - 2012 LEGISLATURE
July 20, 2011 - Introduced by Representatives Jorgensen, Pasch, Bies, Doyle and
Bewley, cosponsored by Senators Hansen, Lassa and Schultz. Referred to
Committee on Criminal Justice and Corrections.
AB203,1,2
1An Act to amend 961.41 (3j) of the statutes;
relating to: pseudoephedrine
2purchases.
Analysis by the Legislative Reference Bureau
Under current law, a drug, or controlled substance, is classified in one of five
separate schedules. The classification is based on: 1) whether there is a currently
accepted medical use for the drug; 2) the drug's potential for being abused; and 3) the
nature of the psychological or physical dependence that use of the drug may produce.
Controlled substances that have a high potential for abuse and no currently accepted
medical use are included in schedule I. Controlled substances that have an accepted
medical use and that have the lowest potential for abuse and produce the least
dependence when compared with other controlled substances are included in
schedule V. In general, a schedule I controlled substance may not be dispensed, even
with a prescription. A schedule II, III, or IV controlled substance may be dispensed,
but only with a prescription. A schedule V controlled substance may be dispensed
without a prescription, but only a registered pharmacist or, with regard to
pseudoephedrine, a person working under the direction of a registered pharmacist,
may sell it at retail. In addition, the pharmacist must record the name and address
of the purchaser of a schedule V controlled substance and the quantity of the product
sold.
Pseudoephedrine products are classified as schedule V controlled substances
and current law imposes restrictions on the sale of of pseudoephedrine products. One
restriction prohibits a person, except a physician, dentist, veterinarian, or
pharmacist, from purchasing, without authorization from a physician, dentist, or
veterinarian, more than seven and a half grams of pseudoephedrine in a
pseudoephedrine product within a 30-day period other than by purchasing it in
person from a pharmacy or pharmacist. This bill eliminates the exception for
purchasing it from a pharmacy or pharmacist. A person who violates this prohibition
is guilty of a felony and is subject to a fine of not more than $10,000 or imprisonment
for not longer than three years and six months, or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB203, s. 1
1Section
1. 961.41 (3j) of the statutes is amended to read:
AB203,2,72
961.41
(3j) Purchases of pseudoephedrine products. Whoever purchases
3more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product
4within a 30-day period,
other than by purchasing the product in person from a
5pharmacy or pharmacist, is guilty of a Class I felony. This subsection does not apply
6to a purchase by a physician, dentist, veterinarian, or pharmacist or a purchase that
7is authorized by a physician, dentist, or veterinarian.
AB203,2,109
(1) This act first applies to purchases made within the 30-day period beginning
10on the effective date of this subsection.
