Chapter 961

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.

961.17(1m) (1m) The controlled substances board shall add a substance to schedule III upon finding that:

961.17(1m)(a) (a) The substance has a potential for abuse less than the substances included in schedules I and II;

961.17(1m)(b) (b) The substance has currently accepted medical use in treatment in the United States; and

961.17(1m)(c) (c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

961.17(2m) (2m) The controlled substances board may add a substance to schedule III without making the findings required under sub. (1m) if the substance is controlled under schedule III of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

961.17 History History: 1971 c. 219; 1995 a. 448 ss. 179, 180, 474; Stats. 1995 s. 961.17.

961.18 961.18 Schedule III. 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 III:

961.18(2m) (2m) 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:

961.18(2m)(a) (a) Benzphetamine;

961.18(2m)(b) (b) Chlorphentermine;

961.18(2m)(c) (c) Clortermine;

961.18(2m)(e) (e) Phendimetrazine.

961.18(3) (3) 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:

961.18(3)(a) (a) Any substance which contains a derivative of barbituric acid;

961.18(3)(b) (b) Chlorhexadol;

961.18(3)(bm) (bm) Embutramide;

961.18(3)(d) (d) Lysergic acid;

961.18(3)(e) (e) Lysergic acid amide;

961.18(3)(f) (f) Methyprylon;

961.18(3)(fm) (fm) Perampanel;

961.18(3)(h) (h) Sulfondiethylmethane;

961.18(3)(j) (j) Sulfonethylmethane;

961.18(3)(k) (k) Sulfonmethane;

961.18(3)(km) (km) Tiletamine and Zolazepam in combination;

961.18(3)(m) (m) Any compound, mixture, or preparation containing any of the following drugs and one or more other active medicinal ingredients not included in any schedule:

961.18(3)(m)1. 1. Amobarbital.

961.18(3)(m)2. 2. Secobarbital.

961.18(3)(m)3. 3. Pentobarbital.

961.18(3)(n) (n) Any of the following drugs in suppository dosage form approved by the federal food and drug administration for marketing only as a suppository:

961.18(3)(n)1. 1. Amobarbital.

961.18(3)(n)2. 2. Secobarbital.

961.18(3)(n)3. 3. Pentobarbital.

961.18(3)(o) (o) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug and cosmetic act:

961.18(3)(o)1. 1. Gamma-hydroxybutyric acid.

961.18(4) (4) Other substances. Any material, compound, mixture or preparation which contains any quantity of any of the following substances, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

961.18(4)(ak) (ak) Ketamine.

961.18(4)(an) (an) Nalorphine.

961.18(4m) (4m) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-ol, and (-)-delta-9-(trans)-tetrahydrocannabinol.)

961.18(5) (5) Narcotic drugs. Any material, compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, calculated as the free anhydrous base or alkaloid, in limited quantities as follows:

961.18(5)(a) (a) Not more than 1.8 grams of codeine per 100 milliliters or per 100 grams or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.

961.18(5)(b) (b) Not more than 1.8 grams of codeine per 100 milliliters or per 100 grams or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

961.18(5)(e) (e) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or per 100 grams or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

961.18(5)(f) (f) Not more than 300 milligrams of ethylmorphine per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts.

961.18(5)(g) (g) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

961.18(5)(h) (h) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

961.18(5m) (5m) Narcotic drugs not limited by quantity. Any material, compound, mixture, or preparation containing any of the following narcotic drugs, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

961.18(5m)(a) (a) Buprenorphine

961.18(6) (6) Exceptions. The controlled substances board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance included in sub. (2m) or (3) from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

961.18(7) (7) Anabolic steroids. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any quantity of any of the following anabolic steroids, including any of their esters, ethers, isomers, esters or ethers of isomers, salts and salts of esters or ethers, isomers and esters or ethers of isomers that are theoretically possible within the specific chemical designation, except that such terms do not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the secretary of health and human services for such administration, and if any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section:

961.18(7)(a) (a) 3beta,17-dihydroxy-5alpha-androstane.