SUBCHAPTER I
DEFINITIONS
SUBCHAPTER II
STANDARDS AND SCHEDULES
961.11 Authority to control.
961.115 Native American Church exemption.
961.15 Schedule II tests.
961.17 Schedule III tests.
961.19 Schedule IV tests.
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,
DISPENSING AND POSSESSION OF
CONTROLLED SUBSTANCES
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.
961.37 Law enforcement duty.
961.385 Prescription drug monitoring program.
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.
961.473 Victim impact panels.
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.
961.555 Forfeiture proceedings.
961.56 Burden of proof; liabilities.
961.565 Enforcement reports.
SUBCHAPTER VI
DRUG PARAPHERNALIA
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.
961.69 Possession, use, manufacture, distribution, or advertisement of a masking agent.
Ch. 961 Note
NOTE: See ch. 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.