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CHAPTER 961
UNIFORM CONTROLLED SUBSTANCES ACT
961.001   Declaration of intent.
961.003   Uniformity of interpretation.
961.005   Short title.
SUBCHAPTER I
DEFINITIONS
961.01   Definitions.
SUBCHAPTER II
STANDARDS AND SCHEDULES
961.11   Authority to control.
961.115   Native American Church exemption.
961.12   Nomenclature.
961.13   Schedule I tests.
961.14   Schedule I.
961.15   Schedule II tests.
961.16   Schedule II.
961.17   Schedule III tests.
961.18   Schedule III.
961.19   Schedule IV tests.
961.20   Schedule IV.
961.21   Schedule V tests.
961.22   Schedule V.
961.23   Dispensing of schedule V substances.
961.235   Records relating to sales of pseudoephedrine products.
961.24   Publishing of updated schedules.
961.25   Controlled substance analog treated as a schedule I substance.
SUBCHAPTER III
REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES
961.31   Rules.
961.32   Possession authorization.
961.335   Special use authorization.
961.337   Drug disposal programs.
961.34   Controlled substances therapeutic research.
961.36   Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance.
961.38   Prescriptions.
961.39   Limitations on optometrists.
961.395   Limitation on advanced practice nurses.
SUBCHAPTER IV
OFFENSES AND PENALTIES
961.41   Prohibited acts A — penalties.
961.42   Prohibited acts B — penalties.
961.43   Prohibited acts C — penalties.
961.435   Specific penalty.
961.44   Penalties under other laws.
961.443   Immunity from criminal prosecution; possession.
961.45   Bar to prosecution.
961.452   Defenses in certain schedule V prosecutions.
961.453   Purchases of pseudoephedrine products on behalf of another person.
961.455   Using a child for illegal drug distribution or manufacturing purposes.
961.46   Distribution to persons under age 18.
961.47   Conditional discharge for possession or attempted possession as first offense.
961.472   Assessment; certain possession or attempted possession offenses.
961.475   Treatment option.
961.48   Second or subsequent offenses.
961.49   Offenses involving intent to deliver or distribute a controlled substance on or near certain places.
961.495   Possession or attempted possession of a controlled substance on or near certain places.
961.50   Suspension or revocation of operating privilege.
SUBCHAPTER V
ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
961.51   Powers of enforcement personnel.
961.52   Administrative inspections and warrants.
961.53   Violations constituting public nuisance.
961.54   Cooperative arrangements and confidentiality.
961.55   Forfeitures.
961.555   Forfeiture proceedings.
961.56   Burden of proof; liabilities.
961.565   Enforcement reports.
SUBCHAPTER VI
DRUG PARAPHERNALIA
961.571   Definitions.
961.572   Determination.
961.573   Possession of drug paraphernalia.
961.574   Manufacture or delivery of drug paraphernalia.
961.575   Delivery of drug paraphernalia to a minor.
961.576   Advertisement of drug paraphernalia.
961.577   Municipal ordinances.
SUBCHAPTER VII
MISCELLANEOUS
961.65   Possessing materials for manufacturing methamphetamine.
961.67   Possession and disposal of waste from manufacture of methamphetamine.
Ch. 961 Note NOTE: See Chapter 161, 1993-94 Stats., for detailed notes on actions by the Controlled Substances Board. (Chapter 961 was renumbered from ch. 161 by 1995 Wis. Act 448.)
961.001 961.001 Declaration of intent. The legislature finds that the abuse of controlled substances constitutes a serious problem for society. As a partial solution, these laws regulating controlled substances have been enacted with penalties. The legislature, recognizing a need for differentiation among those who would violate these laws makes this declaration of legislative intent:
961.001(1g) (1g) Many of the controlled substances included in this chapter have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state.
961.001(1m) (1m) The manufacture, distribution, delivery, possession and use of controlled substances for other than legitimate purposes have a substantial and detrimental effect on the health and general welfare of the people of this state.
961.001(1r) (1r) Persons who illicitly traffic commercially in controlled substances constitute a substantial menace to the public health and safety. The possibility of lengthy terms of imprisonment must exist as a deterrent to trafficking by such persons. Upon conviction for trafficking, such persons should be sentenced in a manner which will deter further trafficking by them, protect the public from their pernicious activities, and restore them to legitimate and socially useful endeavors.
961.001(2) (2) Persons who habitually or professionally engage in commercial trafficking in controlled substances and prescription drugs should, upon conviction, be sentenced to substantial terms of imprisonment to shield the public from their predatory acts. However, persons addicted to or dependent on controlled substances should, upon conviction, be sentenced in a manner most likely to produce rehabilitation.
961.001(3) (3) Upon conviction, persons who casually use or experiment with controlled substances should receive special treatment geared toward rehabilitation. The sentencing of casual users and experimenters should be such as will best induce them to shun further contact with controlled substances and to develop acceptable alternatives to drug abuse.
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2011-12 Wisconsin Statutes updated though 2013 Wis. Act 200 and all Supreme Court Orders entered before April 18, 2014. Published and certified under s. 35.18. Changes effective after April 18, 2014 are designated by NOTES. (Published 4-18-14)