961.34(2)(a)(a) Upon the request of any physician, the controlled substances board shall aid the physician in applying for and processing an investigational drug permit under
21 USC 355 (i) for cannabidiol as treatment for a seizure disorder. If the federal food and drug administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies and physicians may dispense cannabidiol to patients.
961.34(2)(b)
(b) If cannabidiol is removed from the list of controlled substances, or if cannabidiol is determined not to be a controlled substance, under schedule I of
21 USC 812 (c), the controlled substances board shall approve which pharmacies and physicians may dispense cannabidiol to patients as treatment for a seizure disorder.
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;
2013 a. 267.
961.34 Annotation
Reefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.
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(1n)
(1n) A pharmacy or physician approved under
s. 961.34 (2) (a) or
(b) may dispense cannabidiol in a form without a psychoactive effect as a treatment for a seizure disorder or any physician may provide an individual with a hard copy of a letter or other official documentation stating that the individual possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form without a psychoactive effect.
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.
961.38 Annotation
Reefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.
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.
961.41(1)(cm)2.
2. More than 5 grams but not more than 15 grams, the person is guilty of a Class E felony.
961.41(1)(cm)3.
3. More than 15 grams but not more than 40 grams, the person is guilty of a Class D felony.
961.41(1)(cm)4.
4. More than 40 grams, the person is guilty of a Class C felony.
961.41(1)(d)
(d)
Heroin. If the person violates this subsection with respect to heroin or a controlled substance analog of heroin and the amount manufactured, distributed or delivered is:
961.41(1)(d)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1)(d)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(d)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(d)4.
4. More than 50 grams, the person is guilty of a Class C felony.
961.41(1)(e)
(e)
Phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, and a substance specified in s. 961.14 (7) (L). If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in
s. 961.14 (7) (L), or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, N-benzylpiperazine, or a substance specified in
s. 961.14 (7) (L), and the amount manufactured, distributed, or delivered is:
961.41(1)(e)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1)(e)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(e)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(e)4.
4. More than 50 grams, the person is guilty of a Class C felony.
961.41(1)(em)
(em)
Synthetic cannabinoids. If a person violates this subsection with respect to a controlled substance specified in
s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in
s. 961.14 (4) (tb), and the amount manufactured, distributed, or delivered is:
961.41(1)(em)1.
1. Two hundred grams or less, the person is guilty of a Class I felony.
961.41(1)(em)2.
2. More than 200 grams but not more than 1,000 grams, the person is guilty of a Class H felony.
961.41(1)(em)3.
3. More than 1,000 grams but not more than 2,500 grams, the person is guilty of a Class G felony.
961.41(1)(em)4.
4. More than 2,500 grams but not more than 10,000 grams, the person is guilty of a Class F felony.
961.41(1)(em)5.
5. More than 10,000 grams, the person is guilty of a Class E felony.
961.41(1)(f)
(f)
Lysergic acid diethylamide. If the person violates this subsection with respect to lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide and the amount manufactured, distributed, or delivered is:
961.41(1)(f)1.
1. One gram or less, the person is guilty of a Class G felony.
961.41(1)(f)2.
2. More than one gram but not more than 5 grams, the person is guilty of a Class F felony.
961.41(1)(f)3.
3. More than 5 grams, the person is guilty of a Class E felony.
961.41(1)(g)
(g)
Psilocin and psilocybin. If the person violates this subsection with respect to psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, and the amount manufactured, distributed or delivered is:
961.41(1)(g)1.
1. One hundred grams or less, the person is guilty of a Class G felony.
961.41(1)(g)2.
2. More than 100 grams but not more than 500 grams, the person is guilty of a Class F felony.
961.41(1)(g)3.
3. More than 500 grams, the person is guilty of a Class E felony.
961.41(1)(h)
(h)
Tetrahydrocannabinols. If the person violates this subsection with respect to tetrahydrocannabinols, included under
s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, and the amount manufactured, distributed or delivered is:
961.41(1)(h)1.
1. Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.
961.41(1)(h)2.
2. More than 200 grams but not more than 1,000 grams, or more than 4 plants containing tetrahydrocannabinols but not more than 20 plants containing tetrahydrocannabinols, the person is guilty of a Class H felony.
961.41(1)(h)3.
3. More than 1,000 grams but not more than 2,500 grams, or more than 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person is guilty of a Class G felony.
961.41(1)(h)4.
4. More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony.
961.41(1)(h)5.
5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.
961.41(1)(hm)
(hm)
Certain other schedule I controlled substances and ketamine. If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, a substance specified in
s. 961.14 (4) (a) to
(h),
(m) to
(q),
(sm), or
(u) to
(xb), or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine, ketamine, or a substance specified in
s. 961.14 (4) (a) to
(h),
(m) to
(q),
(sm), or
(u) to
(xb), and the amount manufactured, distributed, or delivered is:
961.41(1)(hm)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1)(hm)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(hm)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(hm)4.
4. More than 50 grams, the person is guilty of a Class C felony.
961.41(1)(i)
(i)
Schedule IV drugs generally. Except as provided in
par. (im), if a person violates this subsection with respect to a substance included in schedule IV, the person is guilty of a Class H felony.
961.41(1)(im)
(im)
Flunitrazepam. If a person violates this subsection with respect to flunitrazepam and the amount manufactured, distributed, or delivered is:
961.41(1)(im)1.
1. Three grams or less, the person is guilty of a Class F felony.
961.41(1)(im)2.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
961.41(1)(im)3.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
961.41(1)(im)4.
4. More than 50 grams, the person is guilty of a Class C felony.
