961.39(2m)(b)(b) Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

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 or the indicated use of the controlled substance under sub. (2m) (a) or (b) so prescribed.

961.39(4)(4) May not dispense other than as provided under s. 449.18 (6) (am) 2.

961.39 HistoryHistory: 1989 a. 31; 1995 a. 448 s. 241; Stats. 1995 s. 961.39; 2005 a. 297; 2009 a. 168; 2015 a. 34.

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).

961.41(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) or (dm), 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)(dm)(dm) Fentanyl. If the person violates this subsection with respect to fentanyl, a controlled substance analog of fentanyl, or a fentanyl analog specified in s. 961.14 (2) (nd) and the amount manufactured, distributed, or delivered is: