961.20(2)(h)
(h) Methylphenobarbital, which is also called mephobarbital;
961.20(2m)
(2m) Stimulants. Any material, compound, mixture, or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
961.20(2m)(ag)
(ag) N,N-dimethyl-1,2-diphenylethylamine, commonly known as "SPA".
961.20(2m)(ak)
(ak) Ephedrine, if ephedrine is the only active medicinal ingredient or if there are only therapeutically insignificant quantities of another active medicinal ingredient.
961.20(2m)(c)
(c) Pemoline, including its organometallic complexes and chelates.
961.20(3)
(3) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
961.20(3)(a)
(a) Not more than 1.0 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
961.20(4)
(4) Other substances. Any material, compound, mixture or preparation which contains any quantity of any of the following substances or their salts:
961.20(4)(a)
(a) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).
961.20(4)(am)
(am) Fenfluramine, including any of its isomers and salts of isomers.
961.20(4)(b)
(b) Pentazocine, including any of its isomers and salts of isomers.
961.20(4)(c)
(c) Butorphanol, including any of its isomers and salts of isomers.
961.20(5)
(5) Exceptions. The controlled substances board may except by rule any compound, mixture or preparation containing any depressant substance included in
sub. (2) from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
961.20 History
History: 1971 c. 219;
1979 c. 32;
1981 c. 206 ss.
34m,
41 to
52; CSB 2.15, 2.19, 2.21;
1993 a. 468;
1995 a. 448 ss.
203 to
220,
478,
479; Stats. 1995 s. 961.20; CSB 2.24.
961.20 Note
NOTE: See 1979-80 Statutes and 1993-94 Statutes for notes on actions by controlled substances board under s. 161.11 (1), 1993 Stats.
961.21
961.21
Schedule V tests. 961.21(1m)(1m) The controlled substances board shall add a substance to schedule V upon finding that:
961.21(1m)(a)
(a) The substance has low potential for abuse relative to the controlled substances included in schedule IV;
961.21(1m)(b)
(b) The substance has currently accepted medical use in treatment in the United States; and
961.21(1m)(c)
(c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances included in schedule IV.
961.21(2m)
(2m) The controlled substances board may add a substance to schedule V without making the findings required by
sub. (1m) if the substance is controlled under schedule V of
21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.
961.21 History
History: 1971 c. 219;
1995 a. 448 ss.
221,
222,
480; Stats. 1995 s. 961.21.
961.22
961.22
Schedule V. 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 V:
961.22(1m)
(1m) Narcotic drugs. Any material, compound, mixture or preparation containing any quantity of any of the following substances, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
961.22(2)
(2) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
961.22(2)(a)
(a) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
961.22(2)(b)
(b) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
961.22(2)(c)
(c) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
961.22(2)(d)
(d) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
961.22(2)(e)
(e) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
961.22(2)(f)
(f) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
961.22(3)
(3) Stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
961.22 History
History: 1971 c. 219;
1981 c. 206; CSB 2.15;
1985 a. 135; CSB 2.17;
1995 a. 448 ss.
223 to
227,
481; Stats. 1995 s. 961.22.
961.23
961.23
Dispensing of schedule V substances. The dispensing of schedule V substances is subject to the following conditions:
961.23(1)
(1) That they be dispensed and sold in good faith as a medicine, and not for the purpose of evading this chapter.
961.23(2)
(2) That they be sold at retail only by a registered pharmacist when sold in a retail establishment.
961.23(3)
(3) That, when sold in a retail establishment, they bear the name and address of the establishment on the immediate container of said preparation.
961.23(4)
(4) That any person purchasing such a substance at the time of purchase present to the seller that person's correct name and address. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and the seller shall sign the record of this transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of
s. 961.43 (1) (a).
961.23(5)
(5) That no person may purchase more than 8 ounces of a product containing opium or more than 4 ounces of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist or veterinarian nor may more than 8 ounces of a product containing opium or more than 4 ounces of a product containing any other schedule V substance be in the possession of any person other than a physician, dentist, veterinarian or pharmacist at any time without the authorization of a physician, dentist or veterinarian.
961.23 History
History: 1971 c. 219;
1973 c. 12 s.
37;
1981 c. 206;
1993 a. 482;
1995 a. 448 s.
228; Stats. 1995 s. 961.23.
961.24
961.24
Publishing of updated schedules. The controlled substances board shall publish updated schedules annually. The failure of the controlled substances board to publish an updated schedule under this section is not a defense in any administrative or judicial proceeding under this chapter.
961.24 History
History: 1971 c. 219;
1993 a. 213;
1995 a. 448 s.
229; Stats. 1995 s. 961.24.
961.25
961.25
Controlled substance analog treated as a schedule I substance. A controlled substance analog, to the extent it is intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in schedule I, unless a different treatment is specifically provided. No later than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to emergency scheduling under
s. 961.11 (4m). After a final determination by the controlled substances board that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.
961.25 History
History: 1995 a. 448.
REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES
961.31
961.31
Rules. The pharmacy examining board may promulgate rules relating to the manufacture, distribution and dispensing of controlled substances within this state.
961.31 History
History: 1971 c. 219;
1995 a. 448 s.
231; Stats. 1995 s. 961.31.
961.32
961.32
Possession authorization. 961.32(1)
(1) Persons registered under federal law to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances in this state to the extent authorized by their federal registration and in conformity with the other provisions of this chapter.
961.32(2)
(2) The following persons need not be registered under federal law to lawfully possess controlled substances in this state:
961.32(2)(a)
(a) An agent or employe of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employe is acting in the usual course of the agent's or employe's business or employment;
961.32(2)(b)
(b) A common or contract carrier or warehouse keeper, or an employe thereof, whose possession of any controlled substance is in the usual course of business or employment;
961.32(2)(c)
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.
961.32(2)(d)
(d) Any person exempted under federal law, or for whom federal registration requirements have been waived.
961.32 History
History: 1971 c. 219,
336;
1983 a. 500 s.
43;
1993 a. 482;
1995 a. 448 s.
232; Stats. 1995 s. 961.32.
961.32 Annotation
Doctor or dentist who dispenses drugs to patient within course of professional practice is not subject to criminal liability. State v. Townsend, 107 W (2d) 24, 318 NW (2d) 361 (1982).
