961.38(3)
(3) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.
961.38(4)
(4) A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
961.38(4g)
(4g) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.
961.38(4r)
(4r) A pharmacist is immune from any civil or criminal liability and from discipline under
s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
961.38(5)
(5) No practitioner shall prescribe, orally, electronically or in writing, or take without a prescription a controlled substance included in schedule I, II, III or IV for the practitioner's own personal use.
961.38 History
History: 1971 c. 219;
1975 c. 190,
421;
1977 c. 203;
1995 a. 448 ss.
235 to
240,
483 to
485; Stats. 1995 s. 961.38;
1997 a. 27.
961.39
961.39
Limitations on optometrists. An optometrist who is certified under
s. 449.18:
961.39(1)
(1) May not prescribe or administer a controlled substance included in schedule I or II.
961.39(2)
(2) May prescribe or administer only those controlled substances included in schedules III, IV and V that are permitted for prescription or administration under the rules promulgated under
s. 449.18 (8).
961.39(3)
(3) Shall include with each prescription order all of the following:
961.39(3)(b)
(b) The indicated use of the controlled substance included in schedule III, IV or V so prescribed.
961.39(4)
(4) May not dispense other than by prescribing or administering.
961.39 History
History: 1989 a. 31;
1995 a. 448 s.
241; Stats. 1995 s. 961.39.
961.395
961.395
Limitation on advanced practice nurses. 961.395(1)(1) An advanced practice nurse who is certified under
s. 441.16 may prescribe controlled substances only as permitted by the rules promulgated under
s. 441.16 (3).
961.395(2)
(2) An advanced practice nurse certified under
s. 441.16 shall include with each prescription order the advanced practice nurse prescriber certification number issued to him or her by the board of nursing.
961.395(3)
(3) An advanced practice nurse certified under
s. 441.16 may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under
s. 441.16 (3).
961.395 History
History: 1995 a. 448.
OFFENSES AND PENALTIES
961.41
961.41
Prohibited acts A—penalties. 961.41(1)
(1)
Manufacture, distribution or delivery. Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to:
961.41(1)(a)
(a) Except as provided in
par. (d), a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both.
961.41(1)(b)
(b) Except as provided in
pars. (cm) and
(e) to
(h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.
961.41(1)(cm)
(cm) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(cm)1.
1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years.
961.41(1)(cm)2.
2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1)(cm)3.
3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 30 years.
961.41(1)(cm)4.
4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 45 years.
961.41(1)(cm)5.
5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
961.41(1)(d)
(d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(d)1.
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months.
961.41(1)(d)2.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
961.41(1)(d)3.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1)(d)4.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
961.41(1)(d)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
961.41(1)(d)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
961.41(1)(e)
(e) Phencyclidine, amphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine or methcathinone, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(e)1.
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
961.41(1)(e)2.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
961.41(1)(e)3.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1)(e)4.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
961.41(1)(e)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
961.41(1)(e)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
961.41(1)(em)
(em) Methamphetamine or a controlled substance analog of methamphetamine is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(em)1.
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months.
961.41(1)(em)2.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
961.41(1)(em)3.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1)(em)4.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
961.41(1)(em)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
961.41(1)(em)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
961.41(1)(f)
(f) Lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(f)1.
1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
961.41(1)(f)2.
2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
961.41(1)(f)3.
3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1)(g)
(g) Psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(g)1.
1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
961.41(1)(g)2.
2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
961.41(1)(g)3.
3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1)(h)
(h) Tetrahydrocannabinols, included under
s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if the amount manufactured, distributed or delivered is:
961.41(1)(h)1.
1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 4 years and 6 months.
961.41(1)(h)2.
2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 7 years and 6 months.
961.41(1)(h)3.
3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 15 years.
961.41(1)(i)
(i) Except as provided in
par. (im), a substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.
961.41(1)(im)
(im) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.
961.41(1)(j)
(j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both.
961.41(1m)
(1m) Possession with intent to manufacture, distribute or deliver. Except as authorized by this chapter, it is unlawful for any person to possess, with intent to manufacture, distribute or deliver, a controlled substance or a controlled substance analog. Intent under this subsection may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substances possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the controlled substance or a controlled substance analog prior to and after the alleged violation. Any person who violates this subsection with respect to:
961.41(1m)(a)
(a) Except as provided in
par. (d), a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both.
961.41(1m)(b)
(b) Except as provided in
pars. (cm) and
(e) to
(h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.
961.41(1m)(cm)
(cm) Cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(cm)1.
1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years.
961.41(1m)(cm)2.
2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1m)(cm)3.
3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 30 years.
961.41(1m)(cm)4.
4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 45 years.
961.41(1m)(cm)5.
5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
961.41(1m)(d)
(d) Heroin or a controlled substance analog of heroin is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(d)1.
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 22 years and 6 months.
961.41(1m)(d)2.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
961.41(1m)(d)3.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1m)(d)4.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
961.41(1m)(d)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
961.41(1m)(d)6.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
961.41(1m)(e)
(e) Phencyclidine, amphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine or methcathinone, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
961.41(1m)(e)1.
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 7 years and 6 months.
961.41(1m)(e)2.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
961.41(1m)(e)3.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
961.41(1m)(e)4.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
961.41(1m)(e)5.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
