961.11(4m)
(4m) The controlled substances board, by rule and without regard to the requirements of
sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under
21 USC 355. Upon receipt of notice under
s. 961.25, the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under
sub. (1m) (d),
(e) and
(f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under
sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule-making proceeding under
subs. (1),
(1m),
(1r) and
(2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule-making proceeding initiated under
subs. (1),
(1m),
(1r) and
(2) with respect to the substance.
961.11(5)
(5) The authority of the controlled substances board to control under this section does not extend to intoxicating liquors, as defined in
s. 139.01 (3), to fermented malt beverages as defined in
s. 125.02, or to tobacco.
961.11(6)(a)(a) The controlled substances board shall not have authority to control a nonnarcotic substance if the substance may, under the federal food, drug and cosmetic act and the laws of this state, be lawfully sold over the counter without a prescription.
961.11(6)(b)
(b) If the board finds that any nonnarcotic substance barred from control under this chapter by
par. (a) is dangerous to or is being so used as to endanger the public health and welfare, it may request the department of justice in the name of the state to seek a temporary restraining order or temporary injunction under
ch. 813 to either ban or regulate the sale and possession of the substance. The order or injunction shall continue until the adjournment of the legislature convened next following its issuance. In making its findings as to nonnarcotic substances under this paragraph, the board shall consider the items specified in
sub. (1m).
961.11 History
History: 1971 c. 219,
307; Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1981 c. 79 s.
18;
1983 a. 189 s.
329 (13);
1995 a. 448 ss.
145 to
152,
469,
470; Stats. 1995 s. 961.11.
961.115
961.115
Native American Church exemption. This chapter does not apply to the nondrug use of peyote and mescaline in the bona fide religious ceremonies of the Native American Church.
961.115 History
History: 1971 c. 219;
1995 a. 448 s.
153; Stats. 1995 s. 961.115.
961.115 Annotation
Because exemption is based upon unique cultural heritage of Native Americans, it is not unconstitutional classification. State v. Peck, 143 W (2d) 624, 422 NW (2d) 160 (Ct. App. 1988).
961.12
961.12
Nomenclature. The controlled substances listed in or added to the schedules in
ss. 961.14,
961.16,
961.18,
961.20 and
961.22 may be listed or added by any official, common, usual, chemical or trade name used for the substance.
961.12 History
History: 1971 c. 219;
1995 a. 448 s.
154; Stats. 1995 s. 961.12.
961.13
961.13
Schedule I tests. 961.13(1m)(1m) The controlled substances board shall add a substance to schedule I upon finding that the substance:
961.13(1m)(b)
(b) Has no currently accepted medical use in treatment in the United States; and
961.13(1m)(c)
(c) Lacks accepted safety for use in treatment under medical supervision.
961.13(2m)
(2m) The controlled substances board may add a substance to schedule I without making the findings required under
sub. (1m) if the substance is controlled under schedule I of
21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.
961.13 History
History: 1971 c. 219;
1995 a. 448 ss.
155,
156,
471; Stats. 1995 s. 961.13.
961.14
961.14
Schedule I. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in schedule I:
961.14(2)
(2) Synthetic opiates. Any material, compound, mixture or preparation which contains any quantity of any of the following synthetic opiates, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation:
961.14(2)(a)
(a) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- phenylethyl)-4-piperidinyl]-N-phenylacetamide);
961.14(2)(b)
(b) Alphacetylmethadol (except levo-alphacetylmethadol (LAAM));
961.14(2)(cd)
(cd) Alpha-methylfentanyl (N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylpropanamide);
961.14(2)(cg)
(cg) Alpha-methylthiofentanyl (N-{1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide);
961.14(2)(dg)
(dg) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenylethyl)-4-piperidinyl]-N-phenylpropanamide);
961.14(2)(er)
(er) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy- 2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
961.14(2)(qs)
(qs) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4- piperidinyl]-N-phenylpropanamide);
961.14(2)(rg)
(rg) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
961.14(2)(rj)
(rj) 3-methylthiofentanyl (N-{3-methyl-1-[2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide);
961.14(2)(tg)
(tg) Para-fluorofentanyl (N-[1-(2-phenylethyl)-4-piperidinyl]-N-(4-fluorophenyl)propanamide);
961.14(2)(vg)
(vg) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine);
961.14(2)(xm)
(xm) Thiofentanyl (N-{1-[2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide);
961.14(3)
(3) Substances derived from opium. Any material, compound, mixture or preparation which contains any quantity of any of the following substances derived from opium, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
