Chapter 961

961.20(2)(h) (h) Methylphenobarbital, which is also called mephobarbital;

961.20(2)(hg) (hg) Midazolam;

961.20(2)(hh) (hh) Nimetazepam;

961.20(2)(hj) (hj) Nitrazepam;

961.20(2)(hk) (hk) Nordiazepam;

961.20(2)(hm) (hm) Oxazepam;

961.20(2)(hr) (hr) Oxazolam;

961.20(2)(j) (j) Paraldehyde;

961.20(2)(k) (k) Petrichloral;

961.20(2)(m) (m) Phenobarbital;

961.20(2)(md) (md) Pinazepam;

961.20(2)(mg) (mg) Prazepam;

961.20(2)(mm) (mm) Quazepam;

961.20(2)(mo) (mo) Remimazolam;

961.20(2)(mr) (mr) Suvorexant;

961.20(2)(n) (n) Temazepam;

961.20(2)(ng) (ng) Tetrazepam;

961.20(2)(nm) (nm) Triazolam;

961.20(2)(o) (o) Zaleplon;

961.20(2)(p) (p) Zolpidem;

961.20(2)(q) (q) Zopiclone;

961.20(2)(r) (r) Zuranolone.

961.20(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:

961.20(2m)(a) (a) Diethylpropion.

961.20(2m)(ad) (ad) Cathine.

961.20(2m)(ag) (ag) N,N-dimethyl-1,2-diphenylethylamine, commonly known as “SPA”.

961.20(2m)(ak) (ak) Ephedrine, if ephedrine is the only active medicinal ingredient or if there are only therapeutically insignificant quantities of another active medicinal ingredient.

961.20(2m)(ar) (ar) Fencamfamine.

961.20(2m)(at) (at) Fenproporex.

961.20(2m)(bm) (bm) Mazindol.

961.20(2m)(br) (br) Mefenorex.

961.20(2m)(bu) (bu) Modafinil.

961.20(2m)(c) (c) Pemoline, including its organometallic complexes and chelates.

961.20(2m)(d) (d) Phentermine.

961.20(2m)(e) (e) Pipradrol.

961.20(2m)(em) (em) Serdexmethylphenidate.

961.20(2m)(f) (f) Sibutramine.

961.20(2m)(g) (g) Solriamfetol.

961.20(3) (3) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

961.20(3)(a) (a) Not more than 1.0 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

961.20(4) (4) Other substances. Any material, compound, mixture or preparation which contains any quantity of any of the following substances or their salts:

961.20(4)(a) (a) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).

961.20(4)(b) (b) Pentazocine, including any of its isomers and salts of isomers.

961.20(4)(c) (c) Butorphanol, including any of its isomers and salts of isomers.

961.20(4)(cm) (cm) Eluxadoline, including any of its isomers, and salts of isomers.

961.20(4)(d) (d) Lorcaserin, including any of its isomers and salts of isomers.

961.20(4)(e) (e) Tramadol, including any of its isomers and salts of isomers.

961.20(5) (5) Exceptions. The controlled substances board may except by rule any compound, mixture or preparation containing any depressant substance included in sub. (2) 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 depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

961.20 History History: 1971 c. 219; 1979 c. 32; 1981 c. 206 ss. 34m, 41 to 52; 1993 a. 468; 1995 a. 448 ss. 203 to 220, 478, 479; Stats. 1995 s. 961.20; 2013 a. 351; 2015 a. 195 s. 83; 2021 a. 239 s. 74; ss. CSB 2.15, 2.19, 2.21, 2.24, 2.25, 2.28, 2.36, 2.38, 2.48, 2.67, 2.74, 2.77, 2.79, 2.82, 2.84, 2.86, 2.93, 2.002, 2.003, 2.004, Wis. adm. code; s. 35.17 correction in (2) (q).

961.20 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.

961.21 961.21 Schedule V tests.

961.21(1m) (1m) The controlled substances board shall add a substance to schedule V upon finding that:

961.21(1m)(a) (a) The substance has low potential for abuse relative to the controlled substances included in schedule IV;

961.21(1m)(b) (b) The substance has currently accepted medical use in treatment in the United States; and

961.21(1m)(c) (c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances included in schedule IV.

961.21(2m) (2m) The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.

961.21 History History: 1971 c. 219; 1995 a. 448 ss. 221, 222, 480; Stats. 1995 s. 961.21.

961.22 961.22 Schedule V. 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 V:

961.22(2) (2) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture or preparation containing any of the following narcotic drugs or their salts, isomers or salts of isomers, in limited quantities as set forth below, calculated as the free anhydrous base or alkaloid, which also contains one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

961.22(2)(a) (a) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

961.22(2)(b) (b) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.

961.22(2)(c) (c) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.

961.22(2)(d) (d) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.

961.22(2)(e) (e) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

961.22(2)(f) (f) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

961.22(2m) (2m) Pseudoephedrine. Pseudoephedrine or any of its salts, isomers, or salts of isomers.

961.22(3) (3) Other 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:

961.22(3)(a) (a) Pyrovalerone.

961.22(4) (4) Ezogabine. Ezogabine or any of its salts, isomers, or salts of isomers.

961.22(5) (5) Pregabalin. Pregabalin or any of its salts, isomers, or salts of isomers.

961.22(6) (6) Brivaracetam. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide), including its salts, isomers or salts of isomers.

961.22(8) (8) Lasmiditan. Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide].

961.22(9) (9) Cenobamate. Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester).

961.22(10) (10) Lacosamide. Lacosamide.

961.22(11) (11) Ganaxolone. Ganaxolone.

961.22 History History: 1971 c. 219; 1981 c. 206; 1985 a. 135; 1995 a. 448 ss. 223 to 227, 481; Stats. 1995 s. 961.22; 2005 a. 14, 262; 2013 a. 351; 2021 a. 240 s. 30; ss. CSB 2.15, 2.17, 2.43, 2.65, 2.71, 2.73, 2.75, 2.88, 2.95, Wis. adm. code.

961.23 961.23 Dispensing of schedule V substances. The dispensing of schedule V substances is subject to the following conditions:

961.23(1) (1) They may be dispensed and sold only in good faith as a medicine and not for the purpose of evading this chapter.

961.23(2) (2) They may be sold at retail only by a pharmacist or, if the substance is a pseudoephedrine product, by a person who is working under the direction of a pharmacist when sold in a retail establishment. This subsection does not apply to a substance governed by s. 961.38 (4) (b).

961.23(3) (3) When sold in a retail establishment, they shall bear the name and address of the establishment on the immediate container of said preparation.

961.23(4) (4) 

961.23(4)(a) (a) Any person purchasing such a substance that is not a pseudoephedrine product shall, at the time of purchase, present to the seller that person’s correct name and address. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and the seller shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

961.23(4)(b) (b) Any person purchasing such a substance that is a pseudoephedrine product shall, at the time of purchase, present to the seller that person’s correct name, address, and an identification card containing the person’s photograph. The seller shall record the name, date of birth, and address of the purchaser; the name and quantity measured in grams of pseudoephedrine contained in the product purchased; the date and time purchased; the purchaser identification type and number, such as driver’s license state and number; and the name of the seller or, if the pseudoephedrine product is being sold by a person who is not a pharmacist, the name of the pharmacist supervising the seller. The purchaser shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

961.23(5) (5) No person may purchase more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

961.23(6) (6) No person other than a physician, dentist, veterinarian, or pharmacist may purchase more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period without the authorization of a physician, dentist, or veterinarian.

961.23(7) (7) No person other than a physician, dentist, veterinarian, or pharmacist may possess more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance at any time without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

961.23(8) (8) No person may sell a pseudoephedrine product to a person under 18 years of age, and no person under 18 years of age may purchase a pseudoephedrine product.

961.23 History History: 1971 c. 219; 1973 c. 12 s. 37; 1981 c. 206; 1993 a. 482; 1995 a. 448 s. 228; Stats. 1995 s. 961.23; 2005 a. 14, 262; 2011 a. 146; 2017 a. 25, 98, 364.

961.235 961.235 Records relating to sales of pseudoephedrine products.