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,
DISPENSING AND POSSESSION 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(2)(e)
(e) A person actively engaged in the direct operation or implementation of a drug disposal program that is authorized under
s. 165.65 (2) or
(3) or is authorized under federal law, as defined in
s. 165.65 (1) (a).
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;
2013 a. 198.
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)(a)(a) 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.
961.335(1)(b)
(b) Except as provided in
par. (c), no person may engage in any activity described under
par. (a) without a permit issued under this section.
961.335(1)(c)1.1. A person who is actively engaged in the direct operation or implementation of a drug disposal program that is authorized under
s. 165.65 (2) or
(3) or is authorized under federal law, as defined in
s. 165.65 (1) (a), may, without a permit issued under this section, obtain or possess a controlled substance for the purposes of operating and implementing the drug disposal program.
961.335(1)(c)2.
2. A person who is permitted under federal law to dispose of a controlled substance may, without a permit issued under this section, possess the controlled substance for the purpose of disposing of the controlled substance.
961.335(1)(c)3.
3. An individual who is designated and authorized to receive a permit under this section 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, without an additional permit issued under this section, possess and use a controlled substance, for the purposes authorized in the permit received for the department or unit.
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, except that, for any permit issued to a state crime laboratory, the permit is effective for any controlled substance whether or not the name or schedule is specified.
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, project, and, except as provided in
sub. (4) (c), substances 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.
961.337
961.337
Drug disposal programs. Nothing in this chapter, or rules promulgated under this chapter, prohibits any of the following:
961.337(1)
(1) The direct operation or implementation of a drug disposal program that is authorized under
s. 165.65 (2) or
(3) or is authorized under federal law, as defined in
s. 165.65 (1) (a).
961.337(2)
(2) The transfer by the ultimate user, or by another person that lawfully possesses the controlled substance or controlled substance analog, of a controlled substance or controlled substance analog to a drug disposal program that has been authorized under
s. 165.65 (2) or
(3) or is authorized under federal law, as defined in
s. 165.65 (1) (a), and that accepts the controlled substance or controlled substance analog.
961.337 History
History: 2013 a. 198.
961.34
961.34
Controlled substances therapeutic research. 961.34(1)(1) 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(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.
961.37
961.37
Law enforcement duty. 961.37(1)
(1) A law enforcement officer shall report as provided in
sub. (2) if the law enforcement officer, while acting in an official capacity, does any of the following:
961.37(1)(a)
(a) Encounters a situation in which the law enforcement officer reasonably suspects that a violation of this chapter involving a monitored prescription drug, as defined in
s. 961.385 (1) (ag), is occurring or has occurred.
961.37(1)(b)
(b) Encounters an individual who the law enforcement officer believes is undergoing or has immediately prior experienced an opioid-related drug overdose, as defined in
s. 256.40 (1) (d), or a deceased individual who the law enforcement officer believes died as a result of using a narcotic drug.
961.37(1)(c)
(c) Receives a report of a stolen controlled-substance prescription.
961.37(2)
(2) A law enforcement officer under
sub. (1) shall report to the law enforcement agency that employs him or her all of the following:
961.37(2)(a)
(a) The name and date of birth of all of the following, if applicable:
961.37(2)(a)1.
1. The individual who is suspected of violating this chapter.
961.37(2)(a)2.
2. The individual who experienced an opioid-related drug overdose.
961.37(2)(a)3.
3. The individual who died as a result of using a narcotic drug.
961.37(2)(a)4.
4. The individual who filed the report of a stolen controlled-substance prescription.
961.37(2)(a)5.
5. The individual for whom a prescription drug related to an event under
subd. 1.,
2.,
3., or
4. was prescribed.
961.37(2)(b)
(b) The name of the prescribing practitioner, the prescription number, and the name of the drug as it appears on the prescription order or prescription medicine container if a prescription medicine container was in the vicinity of the suspected violation, drug overdose, or death or if a controlled-substance prescription was reported stolen.
961.37(3)(a)(a) The law enforcement agency receiving the report under
sub. (2) shall, except as provided under
par. (b), submit notice of the suspected violation of this chapter, the opioid-related drug overdose, the death as a result of using a narcotic drug, or the report of a stolen controlled-substance prescription, and the information reported under
sub. (2) to the prescription drug monitoring program.
961.37(3)(b)
(b) If a law enforcement agency determines that submitting any information under
par. (a) would interfere with an active criminal investigation, the law enforcement agency may postpone the action until the investigation concludes.
961.37 History
History: 2015 a. 268.
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.
