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) They may be dispensed and sold only in good faith as a medicine and not for the purpose of evading this chapter.
961.23(2)
(2) They may be sold at retail only by a registered pharmacist or, if the substance is a pseudoephedrine product, by a person who is working under the direction of a registered pharmacist when sold in a retail establishment.
961.23(3)
(3) When sold in a retail establishment, they shall bear the name and address of the establishment on the immediate container of said preparation.
961.23(4)
(4) Any person purchasing such a substance shall, at the time of purchase, present to the seller that person's correct name, address, and, if the person is purchasing a pseudoephedrine product, an identification card containing the person's photograph. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and either the seller or, if the substance is a pseudoephedrine product and is being sold by a person who is not a registered pharmacist, the pharmacist supervising 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) No person may purchase more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.
961.23(6)
(6) No person other than a physician, dentist, veterinarian, or pharmacist may purchase more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period without the authorization of a physician, dentist, or veterinarian.
961.23(7)
(7) No person other than a physician, dentist, veterinarian, or pharmacist may possess more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance at any time without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.
961.23(8)
(8) No person may sell a pseudoephedrine product to a person under 18 years of age, and no person under 18 years of age may purchase a pseudoephedrine product.
961.235
961.235
Records relating to sales of pseudoephedrine products. 961.235(1)(1) In this section, "records of pseudoephedrine sales" means records required under
s. 961.23 (4) with respect to the sale of a pseudoephedrine product.
961.235(2)
(2) Records of pseudoephedrine sales may be kept in either a paper or electronic format and shall be maintained by the pharmacy for at least 2 years. Except as provided in
sub. (3), only a pharmacist may have access to records of pseudoephedrine sales and information contained in those records.
961.235(3)
(3) A pharmacist shall make records required under
s. 961.23 (4) available to a law enforcement officer who requests them. Law enforcement officers may make those records available to other persons or redisclose information from those records to other persons only in connection with a criminal investigation or prosecution under this chapter.
961.235 History
History: 2005 a. 14,
262.
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.
961.31 Cross-reference
Cross-reference: See also ch.
Phar 8, Wis. adm. code.
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 employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent's or employee's business or employment;
961.32(2)(b)
(b) A common or contract carrier or warehouse keeper, or an employee 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
A doctor or dentist who dispenses drugs to a patient within the course of professional practice is not subject to criminal liability. State v. Townsend,
107 Wis. 2d 24,
318 N.W.2d 361 (1982).
961.335
961.335
Special use authorization. 961.335(1)
(1) Upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis or other special uses, without restriction because of enumeration. No person shall engage in any such activity without a permit issued under this section, except that an individual may be designated and authorized to receive the permit for a college or university department, research unit or similar administrative organizational unit and students, laboratory technicians, research specialists or chemical analysts under his or her supervision may be permitted possession and use of controlled substances for these purposes without obtaining an individual permit.
961.335(2)
(2) A permit issued under this section shall be valid for one year from the date of issue.
961.335(3)
(3) The fee for a permit under this section shall be an amount determined by the controlled substances board but shall not exceed $25. No fee may be charged for permits issued to employees of state agencies or institutions.
961.335(4)
(4) Permits issued under this section shall be effective only for and shall specify:
961.335(4)(b)
(b) The nature of the project authorized by the permit.
961.335(4)(c)
(c) The controlled substances to be used in the project, by name if included in schedule I, and by name or schedule if included in any other schedule.
961.335(4)(d)
(d) Whether dispensing to human subjects is authorized.
961.335(5)
(5) A permit shall be effective only for the person, substances and project specified on its face and for additional projects which derive directly from the stated project. Upon application, a valid permit may be amended to add a further activity or to add further substances or schedules to the project permitted thereunder. The fee for such amendment shall be determined by the controlled substances board but shall not exceed $5.
961.335(6)
(6) Persons who possess a valid permit issued under this section are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.
961.335(7)
(7) The controlled substances board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify or to identify to the board the individuals who are the subjects of research for which the authorization was obtained.
961.335(8)
(8) The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under
sub. (7), submissions of protocols, filing of applications and suspension or revocation of permits.
961.335 Cross-reference
Cross-reference: See also ch.
CSB 3, Wis. adm. code.
961.335(9)
(9) The controlled substances board may suspend or revoke a permit upon a finding that there is a violation of the rules of the board.
961.335 History
History: 1971 c. 219;
1975 c. 110,
199;
1977 c. 26;
1995 a. 448 s.
233; Stats. 1995 s. 961.335.
961.34
961.34
Controlled substances therapeutic research. Upon the request of any practitioner, the controlled substances board shall aid the practitioner in applying for and processing an investigational drug permit for marijuana under
21 USC 355 (i). If the federal food and drug administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies can distribute the marijuana to patients upon written prescription. Only pharmacies located within hospitals are eligible to receive the marijuana for distribution. The controlled substances board shall also approve which practitioners can write prescriptions for the marijuana.
961.34 History
History: 1981 c. 193;
1983 a. 189 s.
329 (18);
1985 a. 146 s.
8;
1995 a. 448 ss.
16 to
19; Stats. 1995 s. 961.34.
961.36
961.36
Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance. 961.36(1)(1) The controlled substances board shall regularly prepare and make available to state regulatory, licensing and law enforcement agencies descriptive and analytic reports on the potential for diversion and actual patterns and trends of distribution, diversion and abuse within the state of certain controlled substances the board selects that are listed in
s. 961.16,
961.18,
961.20 or
961.22.
961.36(1m)
(1m) At the request of the department of safety and professional services or a board, examining board or affiliated credentialing board in the department of safety and professional services, the controlled substances board shall provide advice and assistance in matters related to the controlled substances law to the department or to the board, examining board or affiliated credentialing board in the department making the request for advice or assistance.
961.36(2)
(2) The controlled substances board shall enter into written agreements with local, state and federal agencies to improve the identification of sources of diversion and to improve enforcement of and compliance with this chapter and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent or control drug diversion and drug abuse. The board shall convene periodic meetings to coordinate a state diversion prevention and control program. The board shall assist and promote cooperation and exchange of information among agencies and with other states and the federal government.
961.36(3)
(3) The controlled substances board shall evaluate the outcome of its program under this section and shall annually submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (3), on its findings with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances.
961.36 History
History: 1981 c. 200;
1987 a. 186;
1995 a. 305 ss.
2,
3;
1995 a. 448 s.
234; Stats. 1995 s. 961.36;
1997 a. 35 s.
339;
2011 a. 32.
961.38(1g)(1g) In this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.
961.38(1r)
(1r) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance included in schedule II may be dispensed without the written hard copy or electronic prescription of a practitioner.
961.38(2)
(2) In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon an oral prescription of a practitioner, reduced promptly to a written hard copy or electronic record and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under
s. 961.31. No prescription for a schedule II substance may be refilled.
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.
961.39
961.39
Limitations on optometrists. An optometrist who is allowed under
s. 449.18 (1) to use therapeutic pharmaceutical agents and under
s. 449.18 (6) (am) 2. b. to dispense a contact lens that delivers a therapeutic pharmaceutical agent:
961.39(1)
(1) May not prescribe, dispense, or administer a controlled substance included in schedule I or II.
961.39(2)
(2) May prescribe, dispense, 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 (6) (cm).
961.39(3)
(3) Shall include with each prescription order all of the following:
961.39(3)(a)
(a) A statement that he or she is allowed under
s. 449.18 (1) to use therapeutic pharmaceutical agents.
961.39(3)(b)
(b) The indicated use of the controlled substance included in schedule III, IV or V so prescribed.
961.39 History
History: 1989 a. 31;
1995 a. 448 s.
241; Stats. 1995 s. 961.39;
2005 a. 297;
2009 a. 168.
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 is subject to the following penalties:
961.41(1)(a)
(a)
Schedule I and II narcotic drugs generally. Except as provided in
par. (d), if a person violates this subsection with respect to 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, the person is guilty of a Class E felony.
961.41(1)(b)
(b)
Schedule I, II, and III nonnarcotic drugs generally. Except as provided in
pars. (cm) and
(e) to
(hm), if a person violates this subsection with respect to 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, the person is guilty of a Class H felony.
961.41(1)(cm)
(cm)
Cocaine and cocaine base. If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, and the amount manufactured, distributed, or delivered is:
961.41(1)(cm)1g.
1g. One gram or less, the person is guilty of a Class G felony.
961.41(1)(cm)1r.
1r. More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
