Chapter 961

961.14 Annotation THC is properly classified as Schedule I substance. State v. Olson, 127 Wis. 2d 412, 380 N.W.2d 375 (Ct. App. 1985).

961.14 Annotation Stems and branches supporting marijuana leaves or buds are not “mature stalks” under s. 961.01 (14). State v. Martinez, 210 Wis. 2d 396, 563 N.W.2d 922 (Ct. App. 1997), 96-1899.

961.15 961.15 Schedule II tests.

961.15(1m) (1m) The controlled substances board shall add a substance to schedule II upon finding that:

961.15(1m)(a) (a) The substance has high potential for abuse;

961.15(1m)(b) (b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

961.15(1m)(c) (c) The abuse of the substance may lead to severe psychological or physical dependence.

961.15(2m) (2m) The controlled substances board may add a substance to schedule II without making the findings required under sub. (1m) if the substance is controlled under schedule II of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

961.15 History History: 1971 c. 219; 1995 a. 448 ss. 166, 167, 472; Stats. 1995 s. 961.15.

961.16 961.16 Schedule II. 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 II:

961.16(2) (2) Substances of plant origin. Any material, compound, mixture or preparation which contains any quantity of any of the following substances in any form, including a substance contained in a plant, obtained from a plant, chemically synthesized or obtained by a combination of extraction from a plant and chemical synthesis:

961.16(2)(a) (a) Opium and substances derived from opium, and any salt, compound, derivative or preparation of opium or substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, naldemedine, nalmefene, naloxegol, naloxone, 6-beta-naltrexol, and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

961.16(2)(a)1. 1. Opium, including raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium and tincture of opium.

961.16(2)(a)2. 2. Opium poppy and poppy straw.

961.16(2)(a)3. 3. Concentrate of poppy straw, which is the crude extract of poppy straw in either liquid, solid or powder form containing the phenanthrene alkaloids of the opium poppy.

961.16(2)(a)4. 4. Codeine.

961.16(2)(a)4m. 4m. Dihydrocodeine.

961.16(2)(a)4r. 4r. Dihydroetorphine.

961.16(2)(a)5. 5. Ethylmorphine.

961.16(2)(a)6. 6. Etorphine hydrochloride.

961.16(2)(a)7. 7. Hydrocodone, also known as dihydrocodeinone.

961.16(2)(a)8. 8. Hydromorphone, also known as dihydromorphinone.

961.16(2)(a)9. 9. Metopon.

961.16(2)(a)10. 10. Morphine.

961.16(2)(a)10m. 10m. Noroxymorphone.

961.16(2)(a)11. 11. Oxycodone.

961.16(2)(a)12. 12. Oxymorphone.

961.16(2)(a)13. 13. Thebaine.

961.16(2)(b) (b) Coca leaves and any salt, compound, derivative, or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. [123I]Ioflupane and [18 F]FP-CIT are excluded from this paragraph. The following substances and any of their salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

961.16(2)(b)1. 1. Cocaine.

961.16(2)(b)2. 2. Ecgonine.

961.16(3) (3) Synthetic opiates. Any material, compound, mixture or preparation which contains any quantity of any of the following synthetic opiates, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation:

961.16(3)(a) (a) Alfentanil;

961.16(3)(am) (am) Alphaprodine;

961.16(3)(b) (b) Anileridine;

961.16(3)(c) (c) Bezitramide;

961.16(3)(cm) (cm) Carfentanil;

961.16(3)(e) (e) Diphenoxylate;

961.16(3)(f) (f) Fentanyl;

961.16(3)(g) (g) Isomethadone;

961.16(3)(gm) (gm) Levo-alphacetylmethadol (LAAM);

961.16(3)(h) (h) Levomethorphan;

961.16(3)(j) (j) Levorphanol;

961.16(3)(k) (k) Meperidine, also known as pethidine;

961.16(3)(m) (m) Meperidine — Intermediate — A, 4-cyano-1-methyl-4- phenylpiperidine;

961.16(3)(n) (n) Meperidine — Intermediate — B, ethyl-4-phenylpiperidine- 4-carboxylate;

961.16(3)(p) (p) Meperidine — Intermediate — C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

961.16(3)(q) (q) Metazocine;

961.16(3)(r) (r) Methadone;

961.16(3)(s) (s) Methadone — Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;

961.16(3)(t) (t) Moramide — Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid;

961.16(3)(ta) (ta) Oliceridine;

961.16(3)(tb) (tb) Oripavine;

961.16(3)(u) (u) Phenazocine;

961.16(3)(v) (v) Piminodine;

961.16(3)(w) (w) Racemethorphan;

961.16(3)(x) (x) Racemorphan;

961.16(3)(xm) (xm) Remifentanil;

961.16(3)(y) (y) Sufentanil;

961.16(3)(zt) (zt) Tapentadol;

961.16(3)(zx) (zx) Thiafentanil.

961.16(5) (5) 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:

961.16(5)(a) (a) Amphetamine.

961.16(5)(b) (b) Methamphetamine.

961.16(5)(c) (c) Phenmetrazine.

961.16(5)(d) (d) Methylphenidate.

961.16(5)(e) (e) Lisdexamfetamine.

961.16(7) (7) Depressants. Any material, compound, mixture, or preparation which contains any quantity of any of the following substances having a depressant 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:

961.16(7)(a) (a) Amobarbital;

961.16(7)(am) (am) Glutethimide;

961.16(7)(b) (b) Pentobarbital;

961.16(7)(c) (c) Secobarbital.

961.16(8) (8) Immediate precursors. Any material, compound, mixture or preparation which contains any quantity of the following substances:

961.16(8)(a) (a) An immediate precursor to amphetamine or methamphetamine:

961.16(8)(a)1. 1. Phenylacetone, commonly known as “P2P”.

961.16(8)(b) (b) An immediate precursor to fentanyl, including all of the following:

961.16(8)(b)1. 1. 4-anilino-N-phenethyl-4-piperidine, commonly known as ANPP.

961.16(8)(b)2. 2. N-phenyl-N-(piperidin-4-yl)propionamide, commonly known as norfentanyl.

961.16(8)(c) (c) Immediate precursors to phencyclidine, also known as PCP:

961.16(8)(c)1. 1. 1-phenylcyclohexylamine.

961.16(8)(c)2. 2. 1-piperidinocyclohexanecarbonitrile.

961.16(10) (10) Hallucinogenic substances.

961.16(10)(a) (a) Dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution in a drug product approved by the U.S. food and drug administration.

961.16(10)(b) (b) Nabilone (another name for nabilone is (+)-trans-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo[b,d]pyran-9-one).

961.16 History History: 1971 c. 219; 1981 c. 6, 206; 1989 a. 121; 1993 a. 98; 1995 a. 448 ss. 168 to 178, 473; Stats. 1995 s. 961.16; 2013 a. 351; 2015 a. 195 s. 83; 2017 a. 365 s. 111; ss. CSB 2.16, 2.17, 2.19, 2.21, 2.22, 2.25, 2.26, 2.35, 2.39, 2.40, 2.44, 2.54, 2.58, 2.69, 2.76, 2.80, 2.85, 2.90, 2.98, Wis. adm. code.

961.16 Note NOTE: See 1979-80 stats. and 1993-94 stats. for notes on actions by the Controlled Substances Board under s. 161.11 (1), 1993 stats.

961.16 Annotation At a preliminary hearing, the state must show that a substance was probably l-cocaine rather than d-cocaine. State v. Russo, 101 Wis. 2d 206, 303 N.W.2d 846 (Ct. App. 1981).

961.16 Annotation Wisconsin’s definition of cocaine under sub. (2) (b) 1. includes any of its salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, but esters and salts of esters of cocaine simply do not exist as a matter of chemistry. United States v. Turner, 47 F.4th 509 (2022).

961.17 961.17 Schedule III tests.