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161.001 UNIFORM CONTROLLED SUBSTANCES ACT 3118

CHAPTER 161

UNIFORM CONTROLLED SUBSTANCES ACT

(3) Upon conviction, persons who casuallyuse or experiment with controlledd substancesshould receive special treatment geared towardrehabilitation. The sentencing of casual usersand experimenters should be such as will bestinduce them to shun further contact with con-trolled substances and to develop acceptablealternatives to drug abuse .,

History: 1971 c. 219 .Ch 161, the uniform controlled substances act, preclu des

the enactment of municipal ordinances regulating .. the saleand possession of such controlled substances as marijuana .. 63Atty Gen:,lU7:

SUBCHAPTER I

DEFINITIONS

161.01 Definitions. As used in this chapter:(1) "Administer" means the direct applica-

tion of a controlled substance, whether by injec-tion, inhalation, ingestion or, any other means ; tothe body of a patient of research subject by :

(a) A practitioner (or, in his presence, by hisauthorized agent) ; or

(b) The patient or research subject at thedirection and in the presence of the practitioner .

(2) "Agent" means an authorized personwho acts on behalf of or at the direction of amanufacturer, distributor- or dispenser .. It does

161 .001 Declaration of intent.:SUBCHAPTERIDEFINITIONS

161 .01 Definitions .SUBCHAPTER II

STANDARDS AND SCHEDULES161 .11 Authority to control „161 .115 Native American Church exemption .161 .12 Nomenclature.161 .13 Schedule I tests ..161 .14 ' Schedule L161 .15 Schedule It tests,161 .16 Schedule IL161 .17 Schedule III tests . .161 .18 Schedule 111 .161 .. 19 Schedule IV tests.161 .20 Schedule IV.161,21 Schedule V tests :.161 . 22 Schedule V,161. 23 Dispensing oYschedule V substances .161 .24 Republishing of schedules .

SUBCHAPTER IIIREGULATION OF MANUFACTURE, DISTRIBU-TION AND DISPENSING OF CONTROLLED

SUBSTANCES16131 Rules .,161 .32 ' Possession authorization..161,335 Special use authorization161 .36 . Diversion control and prevention ,

161 .001 Declaration of intent. The legisla-ture finds that the abuse of controlled sub-stances constitutes a serious problem for, society . .As a partial solution, these laws regulatingcontrolled substances have been enacted withpenalties . The legislature, recognizing a needfor differentiation among those who would vio-late these'laws makes this declaration of legisla-tive intent : ''

(1) Persons who illicitly traffic commerciallyin controlled substances constitute a substantialmenace to the public health and safety ., Thepossibility of lengthy terms of imprisonmentmust exist as a deterrent to trafficking by suchpersons _ Upon conviction for, trafficking, suchpersons should be sentenced in a manner whichwill deter, further trafficking by them, protectthe public from their pernicious activities, andrestore them to legitimate and, socially usefulendeavors,

(2) Persons who habitually or professionallyengage in commercial trafficking in controlledsubstances and -prescription drugs should, uponconviction, be sentenced to substantial terms ofimprisonment to shield the public from theirpredatory acts. However', persons addicted to or,dependent on controlled substances should,upon conviction, be sentenced in a manner mostlikely to produce rehabilitation, .

161 .38 " Prescriptions.SUBCHAPTER IV

OFFENSES AND PENALTIES161 41 Prohibited acts A-penalties:161' ..42 Prohibited acts B-penalties.161'..43 Prohibited acts C--penalties .161 .435 Specific penalty .161 .44 Penalties under other laws.161 .45 Barr to prosecution .161 46 - Distribution to persons under a ge 18 .161 .465 Distribution to prisoners.161„47 . Conditional discharge for possession as first

offense.161 475 Treatment option .161 .48 Secon d or subsequent offenses.

SUBCHAPTER VENFORCEMENT AND ADMINISTRATIVE

PROVI SIONS161,51 Powers: of enforcement personnel„161,52 Administrative inspections and warrants.. .161 .53 Violations constituting public nuisance..16154 Coopenative arrangements and confidentiality .16155 . Forfeitures.161,555 Forfeiture proceedings.,161 .56 B urden of proof-, liabilities

SUBCHAPTER VIMISCELLANEOUS

161 .61 Uniformity of interpretation .161 :62 ,Short title .

Electronically scanned images of the published statutes.

UNIFORM :CONTROLLED SUBSTANCES ACT 161 .013119

stance, the control of which is necessary toprevent, curtail or limit: manufacture .

(13) "Manufacture" means the production,preparation, propagation, compounding, con-version or processing of a controlled substance,either directly of- indirectly by extraction fromsubstances of natural origin, or, independentlyby means of chemical synthesis, or by a combi-nation of extraction and chemical synthesis, andincludes any packaging or repackaging of thesubstancee or labeling , or relabeling of itscontainer, except that th is term does not includethe preparation or compounding of a controlledsubstancee by an individual for his own use or thepreparation, compounding,, packagingg or label-ing of a controlled substance :

(a) By a practitioner as an incident to hisadministering or dispensing of a , controlled sub-stance in the course of his professional practice ;OT

(b) By a practitioner, or by his authorizedagent under his super vision, for the purpose of,or as an incident to, research, teaching or chemi-cal , analysis and not for sale.

(14) "Marijuana" means all pa r ts, of theplants of the genus Cannabis, whether growingor not; the seeds thereof, the resin extractedfrom any part of the plant ; and every compound,manufacture, salt, derivative, mixture or p cps-ration of the plant, its seeds or, resin, includingtetrahydrocannabinols . It does not include themature stalks of the plant, fiber pr oduced fromthe stalks, oil or cake made from the seeds of theplant, any other compound, manufacture, salt,derivative, mixture or preparation of the maturestalks (except thee resin , extracted therefrom),fiber, oil or cake or the sterilized seed of theplant which is incapable of germination . .

(15) "Narcotic drug" means any of thefollowing, whether produced directly or indi-rectly by extraction from substances of vegeta-ble origin, or independently by means of chemi-cal synthesis, or by a combination of extractionand chemical synthesis :

(a) Opium and opiate, and any salt, com-pound,`derivative or preparation of opium oropiate

(b) Any salt, compound, isomer, derivativeor preparation thereof which is chemicallyequivalent or identical with any of the sub-stances referred to in par . : (a) but not includingthe isoquinoline alkaloids of opium .

(c) Opium poppy and poppy straw .(16) "Opiate" means any substance having

an addiction-forming or addiction-sustaining li-ability similar to morphine or being capable ofconversion into a drug having addiction-formingor addiction-sustaining liability ,. It does, notinclude, unless specifically designated as con-

not : include a common or contract carrier, publicwarehouseman, or employe of the carrier orwarehouseman .

(3) "'Bureau" means the bureauu of narcoticsand dangerous drugs, U . .S. .department of,jus-tice, or its successor agency, .,

(4) "Controlledd substance" means a drug,substance or immediate precursor in schedules Ito V of subch . II,

(5) "Counterfeit substance" means a con-trolled substance which, or the container orlabeling of which, without authorization, bearsthe trademark, trade name or other identifyingmark, imprint, number' or device, or any likenessthereof, of a manufacturer, distributor or dis-penser other than the person who in fact manu-faotared;distributed or dispensed the substance,,

' (6) "Deliver" or "delivery" means the ac-tual constructive or attempted transfer fromone person to another of a controlled substance,whether or not there is any agency relationship .

(7) "Dispense" means to deliver, a controlledsubstance to an ultimate user or research subjectby or pursuant to the lawful order of a practi-tioner, including the prescribing,'admnistering,packaging ;` labeling or compounding necessaryto prepare the substance for that delivery.

(8) "Dispenser" means a practitioner whodispenses .

(9) "Distribute" means. to deliver other thanby administering or dispensingg a controlledsubstance.

(10) "Distributor" means a person whodistributes.

(10m) "Diversion" means the transfer, ofany controlled substance from a licit, to an illicitchannel of distribution or use .._(11) "Drug" means a), substances recog-

nizedd as drugs in the official United StatesPharmacopoeia, official HomeopathicPharmacopoeia of the United'States or officialNational Formulary or any .; supplement to anyof them; b) substances intended f'or, use in thediagnosis, cure, mitigation, treatment of, preven-tion'of disease in man or animals ; c) substances,other than food, intended to affect the structureor any function of the body of : man' or~ animals ;and d) substances intended for use as a compo-nent of any article specified in d),b) or c) . Itdoes not include devices of, their components,parts or accessories

` (12) "Immediate precursor" means a sub-stance which thecontrolled substances boardhas found to be and by rule designates as beingthe principal compound commonly used or pro-duced primarily for use, and which is an imme-diate chemical intermediary used :or, likely to beused in the manufacture of a controlled sub-


trolled under s : 161 .,11, the dextrorotatoiy`isa (h) Whether the substance is an immediatemer of" 3-methoxy-n-methyimorph nan and its precursor of a substance already controlled,salts .(deztcomethocphan) :. It does include its under this chapter .racemic and levorotatory forms, . (2) After, considering the factors enumer-

(17) "Opium poppy" means the plant of the ated in sub (1) ; the controlled substances boardspecies Papaver Somniferum L , except its shall make findings with respect thereto andseeds. issue a rule controlling the substance if it finds

(18) "Poppy straw" means'all pacts, except the substance has a potential for abuse .,the seeds, of the opium poppy, after mowing ( 3) If the controlled substances board

(19) "Practitioner" means: designates a substance as an immediate precur-(a) A physician, dentist, veterinarian, podia- sor, substances which are precursors of the

trist, scientific investigator, or, other, person 1i= controlled precursor shall not be subject to con-censed, registered or otherwise permitted to trol solely because they are precursors of thedistribute, dispense, conduct research with re- controlled precursor:spect to or administer a controlled substance inthe course of professional practice or- research in (4) If any substance is designated, resched-this state : uled or deleted as a controlled substance under

(b) A pharmacy, hospital or other institution federal law and notice thereof is given to thecontrolled substances board, licensed registered or, otherwise permitted to , the board by af-

distribute, dispense, conduct research with re- fit mative action shall similarly control the sub-spect to of<administer a'controlled substance in stance under~ this chapter after the expiration ofthe course of professional practice or research in 30 days from publication in the federal registerthis state. of a final order designating a substance as a

(20) , "Production" includes the manufac= controlled substance or rescheduling or, deletingture, planting, cultivation, growing or harvest- a substance, unless within that 30-day period,ing of a controlled substance the board objects to inclusion, rescheduling or

(21) "Ultimate user" means a person who deletion . In that case, the board shall publishlawfully possesses a controlled substance for his the reasons for objection and afford all inter-own use or for the use of at member of his ested parties an opportunity to be heard . . At the

pub-household- for administering, to an animal conclusion of the hearing, the board shall pub-owned by him or by a member, of his household l sh its decision, which shall be final unless

History:. : 1971 cc . 219; 1979 c . 89 ; 1981 c : 200, 206, altered by statute. Upon publication of objec=See ` note'to 161 .4 1; citing State ex rel : Bell v;, Columbia tion to inclusion, rescheduling or deletion under

County Cc 82 W (2d) 401, 263 NW (2d) 162 this chapter by the board, control under thisSUBCHAPTER II chapter is stayed until the board publishes its

decision .STANDARDS AND SCHEDULES (5) Authority to control under this section

fined in s : 139 .01 (4), to fermented malt bever-ages as defined in s. 125.02, or to tobacco .:

(6) (a) The controlled substances boardshall not have authority to control a nonnarcoticsubstance if the substance may, . under the fed-eral food, drug and cosmetic act and the laws ofthis state, be lawfully sold over the counterwithout a prescription .

(b ) . If the board finds that any . nonnarcoticsubstance barred from control under this chap-ter by par . (a) is dangerous to or is being so usedas to endanger the public health and welfare, itmay request the department of justice in thename of the state to seek a temporary re-straining order or, temporary injunction underch., 81. :33 to either ; ban or regulate the sale andpossession of the substance. The order or in-,junction shall continue until the adjournment ofthe legislature convened next following its issu-ance.,' In making its findings as to nonnarcotic

'0. 61 .19 Authority to control. (1) The con-trolled substances board shall administer' thissubchapterr and may add substances to or deleteor reschedule all substances enumerated in theschedules in ss :. 161 ..14, 16.1 :;16,-161 18, 161 .20and 161 pursuant to the rule-making proce-dures of ;ch. 227. In making a determinationregarding a substance, the board shall consider'

.the following :(a) The actual or relative potential for abuse ;(b)-The scientific evidence of its pharmaco-

logical effect, if known;(c) The state of current scientific knowledge

regarding-the substance ;(d) The history and current pattern of abuse ;(e) The scope, duration and significance of

abuse;(f) The risk to the public health;(g) The potential of the substance to produce

psychic or physical dependence liability ; and

161 .01 UNIFORM CONTROLLED SUBSTANCES ACT 3120


3121 UNIFORM CONTROLLED SUBSTANCES ACT 161 . 14

(m) Ethylmethylthiambutene ;(mm) Etonitazene;(n) Etoxeridine;(nm) Furethidine;(p) Hydroxypethidine;(pm) Ketobemidone ;(q) Levomoramide ;(qm) Levophenacylmorphan ;(qs) Methylfentanyl ;(r) Morpheridine ;(rm) Noracymethadol ;(s)` Norlevorphanol;(sm) Nor methadone ;(t) Norpipanone ;(tm) Phenadoxone ;(u) Phenampromide;(um) Phenoznorphan;(v) Phenoperidine;(vm) Piritramide ;(w) Proheptazine ;(win) Properidine;(wn) Propiram;(x) Racemoramide ;(xg )' Sufentanil ;(xr) Tilidine;(y ), Trimeperidine .NOTE: Par . (hg) is printed as adopted by a ction of the

controlled subs tances boa rd in administrative rule CSB 2.09(4) effective 5- 1-7 6, pu rsuan t to s. 161.11 (1) .NOTE: Par. (wn) is printed as adopted by action of the

controlled s ubstances board in administrative rule CSB 8. 10effec tive 9-1-76, pursuant to s. 161.11 (1) .

(3) OPIUM nExrvnrxvES. Unless specificallyexcepted under federal regulations or unlesslisted in another schedule, any of the followingopium derivatives or their salts, isomers or saltsof isomers, if salts, isomers or salts of isomersexist within the specific chemicall designation :

(a) Acetorphine;(b) Acetyldifiydrocodeine;(c) -Benzylmorphine;

' (d) Codeine methyibromide;(e) Codeine-N-Oxide;(f) Cyprenorphine;(g) Desomorphine ;(h) Dihydromorphine;(hin) Drotebanol;(j) Etorphine, except hydrochloride salts of

etorphine;(k) Heroin ;(m) Hydromorphinol ;(n) Methyldesorphine;(p) Methyldihydromorphine ;(q) Morphine methylbromide;(r) Morphine methylsulfonate;(s) Morphine-N-Oxide;(t) Myrophine;(u) Nicocodeine ;(v) Nicomorphine ;(w) Normorphine ; ;(x) Pholcodine ;

161.14 Schedule 0 . (1) INCLUDED SUB-STANCES . The controlled substances listed in thissection are included in schedule I .

(2) OPIATES. Unless specifically exceptedunder federall regulations or unless listed inanother schedule, any of the following opiates,or their isomers, esters, ethers, salts, salts ofisomers, esters of ethers, if isomers, esters,ethers, salts or salts of isomers existt within thespecified chemical designation :

(a) Acetylmethadol;(am) Allylprodine ;(b) Alphacetylmethadol;(bm) Alphameprodine ;(c) Alphamethadol;(cm) Benzethidine ;(d) Betacetylmethadol ;(dm) Betameprodine ;(e) Betamethadol ;(em) Betaprod ine;(f) Clonitazene ;(fm) Dextromoramide ;(gm) Diampromide;(h) Diethylthiambutene;(hg) pifenoxin; .(hm) Dimenoxadol;(j) Dimepheptanol ;( ,jm) Dimethylthiambutene ;(k) Dioxaphetyl butyrate ;(km) Dipipanone;

substances under' this paragraph, the board shallconsider the items specified in sub .. (1) . .

History: 19'71. c . 219, 307 ; Sup .. Ct . Order, 67 W (2d) 774;1981 c . . 79 s . 18 .

161 .115 Native American Church exemp-tion.This chapter does not apply to the nondruguse of peyote and mescaline in the bona fidereligious ceremonies of the Native AmericanChurch .

History. 1971 c .. 219. .

161 .12 Nomenclature. The controlled sub-stances listed or to be listed in the schedules inss. 161 :14, 161.16, 161 .18, 161.20 and 161 .22are included by whatever official, common,usual, chemical or trade `name designated ..

History: . 1971' c 219 :LSD discussed in relationship to 1969 and 19'71 Stan . Berg

v . State, 63 W (2d) 228, 216 NW (2d) 521 ..

11.13 Schedule I tests: The controlled sub-stances board shall place a substance in schedule .I if it finds that the substance:

(1) Has high potential for abuse ; and(2) Has no accepted medical use in treat-

ment in the United States or lacks acceptedsafety for use in treatment under medicalsupervision

History : 1971 c. 219. .



(y) Thebacon..NOTE: Sub . (3) (lm) is printed as adopted by action of the

controlled s ubstances board in administrative rule CSB 2.05,effective 8-1-74, pursuant to s . 161,11 (1 )

(4) HALLUCINOGENIC SUBSTANCES. Unlessspecifically excepted under' federal regulationsor unless listed in another schedule, any mate-rial, compound, mixture or preparation whichcontains any quantity of the following hallucino-genic substances or their salts, isomers of salts ofisomers, if salts, isomers or salts of isomers existwithin the specific chemical designation, : in anyform including a substance, salt, isomer or saltof an isomer contained in a plant, obtained froma plant or chemically synthesized :

(a) 3,4-methylenedioxy amphetamine, com-monly known as "MDA";(b) 5-methoxy- .3,4-methylenedioxy

amphetamine;(c) 3,4,5-trimethoxy amphetamine ;(d) Bufotenine ;(e) Diethyitr;yptamine ;(f) Dimethyitryptamine;(g) 4-methyl-2, 5-dimethox,yamphetamine,

commonlyy known as "STP";(h) Ibogaine ;(j) Lysergic acid diethylamide; commonly

known as "LSD"(m) Mescaline, in any form, including mes-caline contained in peyote, obtained from peyoteor chemically synthesized;

(n) Phencyclidine,: commonly known as.PCP";

(p) N-ethyl-3-giperidyl benzilate ;(q) N-methyl- .3-piperidyl benzilate;(r) Psilocybin ;(s) Psilocin;(t) Tetrahydrocannabinols, commonly

known as "THC", in any, form including te-trahydrocannabinols contained in marijuana,obtained from marijuana or chemicallysynthesized ;

(u) 1-[1-(2-thienyl)-cyclohexyl]-piperi-dine, which is the thiophene analog ofphencyclidine;

(ug) N-ethyl-i-phenyicyclohexylamine,which is the ethylamine analog of phencyclidine ;

(ur) 1-(1-phen,ylcyclohexyl)-pyrrolidine,which is the pyrrolidine analog of phencyclidine ;

(v) 2, 5-dimethoxyamphetamine;(w) 4-bromo-2, 5-dimethoxyamphetamine ;(x) 4-methoxyamphetamine..NOTE: Pars. (v), (w) and (x) [renumbered from (u), (v)

and (w) I are printed a s adopted by action of the controlledsubstances board in administrative rule CSB ' 2.09 (4) , effec-t(ve 5-1-76, pursuant to s . 161 . 11 (1) .

(5) DEPRESSANTS., Unless specificallyy ex-cepted under federal regulations or unless listedin another schedule, any material, compound,mixture or, preparation which contains anyquantity of the following substances having a

161.16 Schedule IL (1) INCLUDED SUB-STANCES. The controlled substances listed in thissection are included in schedule 11,

(2) SUBSTANCES OF PLANT 'oxiGrrr . Unlessspecifically excepted under federal regulationsor unless listed in another schedule, any of thefollowing substances in any form, including asubstance contained in a plant, obtained from aplant or chemically synthesized :

(a) Opium and opiate, and ,any salt, com-pound, derivative or preparation of opium oropiate. Apomorphine, dextrorphan,nalbuphine, butorphanol, naloxone and naltrex-one and their respective salts and the isoqui-noline alkaloids of opium: and their respectivesalts are excluded from this paragraph . Thefollowing substances and their salts, isomers and

depressant effect on the central nervous systemor their salts, isomers or salts of"isomers, if salts,isomers or salts of isomers exist within thespecific chemical designation :

(a) Mecloqualone .(6) IMMEninrE PRECURSORS,, Unless specifi-

cally excepted under federal regulations or un-less listed in another schedule, any material,compound,, mixture or preparation which con-tains any quantity of the following substances ortheir salts :

(a) Immediate precursors to;phencyclidine:1 .. 1-phenylcyclohexylamine,2,, 1•-piperidinocyclohexanecaibonitrile .(7) STIMULANTS. Unless specifically ex-

cepted under federal regulations or unless listedin another schedule, any material, compound,mixture or preparation which contains anyquantity of the following stimulants or theirsalts, isomers or saltss of isomer's, if salts, isomersor salts of isomers exist within thee specificchemical designation :

(a) Fenethylline .(b) N-ethylamphetamine .History: 19'71 c:219; 1981 c . 206,NOTE:': See 1979-80 Statutes for more notes on actions by

controlled substances board under s . 16111 ; :(1) .A chemical test need not be specific for marijuana in order

to be probative beyond a reasonabl e do ubt.. State v Wind, 60W (2d) 267, 208 NW (2d) .357.

161 .15 Schedule II tests. The controlledsubstances board shall place a substance inschedule II if it finds that :

(1) The substance has high potential forabuse;• (2) 'The `substance has currently accepted

medical use in treatment in the United States, orcurrently accepted medical use with severe re-strictions ; and

(3) The abuse of the substance may `lead tosevere psychic or physical dependence .

History: 1 971 c 2 19 ..


312 .3 UNIFORM CONTROLLED SUBSTANCES ACT 161 .16

salts of isomers, `if' salts, isomers or salts of' (s) Methadone-Intermediate, : 4-cyano-2-isomers exist under the specific chemical dimethylamino-4, 4-diphenyl butane ;designation, are included in this paragraph : (t) Moramide-Intermediate, 2-methyl- .3-

1 . Opium,, including raw opium, opium ex- morpholino-1, 1-diphenyl-propane-carboxylictracts, opium fluid extracts, powdered opium, acid ;granulated opium and tincture of opium ;: (u) Phenazocine ;

2: Opium poppy and poppy straw. (v) Piminodine;,3; Concentrate of poppy straw, which is the (w) Racemethorphan;

crude extract of poppy straw in either liquid, (x) Racemorphansolid or powder form containing the phenan- (5) STIMULANTS. Unless specifically ex-threne alkaloids of the opium poppy .. cepted under federal regulations or unless listed

4. Codeine; in another' schedule, any material, compound,5. Ethylmoiphine, mixture, or preparation which contains any6. Etorphine hydrochloride quantity of the following substances having a7 . Hydrocodone, also known as stimulant effect on the central nervous system :

dihydrocodeinone. (a) Amphetamine, its salts, optical isomers,8 . Hydromorphone, also knownn as and salts of its optical isomers ;

dihydromorphinone. (b) Methamphetamine, its salts, optical isa9„ Metopon. mers; and salts of its optical isomers;10. Morphine. (c) Phenmetrazine, its salts, isomers and11. Oxycodone; salts of its isomers ;12„ Oxymorphone.

. (d) Methylphenidate, its salts, optical iso-11 13, Thebaine mers and salts of its optical isomers .(b) Coca leaves and any salt, compound, (7) DEPRESSANTS. Unless specifically ex-

derivative or preparation of coca leaves . Deco- cepted under federal regulations or unless listedcainized coca leaves of extractions which do not in another schedule, any material, compound,contain cocaine of ecgonine are excluded from mixture, or preparation which contains anythis paragraph . : The following substances and quantity of the following substances having atheir salts, isomers and salts of isomers, if salts, depressant effect on the central nervous systemisomers or salts of isomers exist under the spe- or their salts, isomers or salts of isomers, if salts,cific chemical designation, are included in this isomerss or salts of isomers exist within theparagraph: specific chemical designation : .

1 . Cocaine. (a) Amobarbital;2. Ecgonine. , (am) Methaqualone;(3) OPIATES,. Unless specifically excepted (b) Pentobarbital;

under federal regulations or unless listed in (c) Secobarbital . ,another schedule, any of'the following opiates or (8) IMMEDIATE PRECURSORS, . Unless specifi-their isomers, esters, ethers, salts and salts of , cally excepted under federal regulations or un-isomers, if isomers, esters, ethers, salts or salts of less listed in another schedule, any material,

isomers exist within the specific chemical compound,' mixture or preparationn which con-designation:: tains any quantity of the following substances :(a) Alphaprodine;

(b) Anileiidine; (a)Animmediate precursor toamphetamine

(c) Bezitramide; or methamphetamine:

1 . Phenylacetone, commonly known as(d) Dihydtocodeine; «P2p„(e) Diphenoxylate;(f) Fentanyl; (9) OTHER SUBSTANCES, Unless specifically

(g) Isomethadone; excepted by federal regulations or unless listed

(h) Levomethorphan; in another schedule, any material, compound,

(j) Levorphanol; mixture or preparation which contains anyquantity of the following. substances or their(k) Meperidine, also known as pethidine ; salts, isomers or salts of isomers, if salts, isomers(m) Meperidine-Intermediate .--A, 4cy- or salts of isomers exist under the specific chemi-

ano-1-methyl..-4-phenylpiper•idine - cal designation :(n) Meperidine=Intecmediate--B; ethyl-4 (a) Pentazocine .,

pfienylpipeiidine-4-caiboxylate; ' H;story: 1971 c 219; 1981 c: 6, 206.(p) Meperdine-.-Intermediate-C, 1- NOTE: See 1979-80 Statutes for mo re n otes on actions by

methyl,4-phenylpiperidine-4-carboxylic acid; controlled substances board under s. 161.11 (1) .

M0t2 ZOCiriO At preliminary hearing, state must show th at substa nce wasprobably 1-cocaine rather than d-cocaine. State v . . Russo, 101

(r) Methadone; W (2d) 206, 303 NW (2d) 8 46 (Ct . App .. 1981) ..



161.17 Schedule 111 tests. The controlledsubstances board shalll place a substance inschedule IIII if it finds that :

(1) The substance has a potential for abuseless than the substances listed in schedules I andII;

(2) The substance has currently acceptedmedical use in treatment in the United States ;and

(3) Abuse of the substance may lead tomoderate or low physical dependence or highpsychological dependence, .

History: , 19'711 c„ 219 ;

161.18 Schedule III. ( 1 ) INCLUDED SUB-srnNCES.The controlled substances listed in thissection are included in schedule III ..

(2m) STIMULANTS,, Unless specifically ex-cepted by federal regulations or unless listed inanother schedule, any material, compound, mix-ture, or, preparation which contains any quantityof the following substances having a stimulanteffect on the central nervous system or theirsalts; isomers or salts of isomers, if salts, isomersor, salts of isomers exist within the specificchemical designation :

(a) Benzphetamine;(b )° Chlorphentermine ;'(c) Clortermine ;(e) Phendimetrazine .(3) DEPRESSANTS ,. Unless specifically ex-

cepted under federal regulations or unless listedin another schedule, any material, compound,mixture or preparation which' contains anyquantity of the following substances having adepressant effect on the central nervous systemor their salts, isomers or salts of isomers, if salts,isomers or salts of isomers exist within thespecific chemical designation :

(a) Any, substance which contains any quan-tity of a derivative of barbituric acid, or any saltof a derivative of barbituric acid, except thosesubstances which are specifically listed in otherschedules;

(b) Chlorhexadol ;(c) Glutethimide;(d) Lysergic acid ;(e) Lysergic acid amide;(f) Methyprylon ;(h) Sulfondiethylmethane ;(,j) Sulfonethylmethane;(k) Sulfonmethane.(m) Any compound, mixture, or preparation

containing amobarbital, secobarbital, pentobar-bital and one or moree other active medicinalingredients which are not listed in any schedule .

`(n) Any suppository dosage form containingamobarbital, secobarbital or pentobarbital and

approved by the federal food and drug adminis-tration for', marketing only as a suppository . .

(4) OTHER SUBSTANCES. Unless specificallyexcepted under federal regulations or unlesslisted in another schedule, any material, com-pound, mixture or preparation which containsany quantity of the following substances or theirsalts,: isomers or salts of isomers, if salts, isomersor salts of isomers exist under the specific chemi-cal designation:

(a) Nalorphine .(b) Not more than 12.5 milligrams per dos-

age unit of pentazocine with one or more active,nonnarcotic ingredients in recognized therapeu-tic amounts.

(5) NARCOTIC DRUGS . Unless specificallyexcepted under federal regulations or unlesslisted in another schedule, any material, com-pound, mixture or preparation containing any ofthe following narcotic drugs or their salts, iso-mers or salts of isomers, calculated as the freeanhydrous base or alkaloid, in the followingspecified quantities :

(a) Not more than 1 .8 grams of codeine per100 . : milliliterss or not, moree than 90 milligramsperr dosage unit, with an equal or greater quanti-ty of an isoquinoline alkaloid of opium ;.

(b) Not more than 1„8 grams of codeine per100 milliliters or not more than 90 milligramsper dosage unit, with one or more active, non-narcotic ingredients in recognized therapeuticamounts ;

(c) Not more than 300 milligrams ofhydrocodone per 100 milliliters or not more than15 milligrams per dosage unit, with a four-foldor greater' quantity of an isoquinoline alkaloid ofopium ;

(d) Not more than 300 milligrams ofhydrocodone per 100 milliliters or not more than15 milligrams per dosage unit, with one or moreactive, nonnarcotic ingredients in recognize dtherapeutic amounts ;(e) Not more than 1 .8 grams of

dihydrocodeine per, 100 milliliters or not morethan 90 milligrams per dosage unit, with one ormore active, nonnarcotic ingredients in recog-nized therapeutic amounts ;

(f) Not more than .300 milligrams ofethylmorphine per 100 milliliters or not morethan Z S milligrams per dosage unit, with one ormore ingredients in recognized therapeuticamounts ;

(g) Not more than 500 milligrams of opiumper 100. milliliters or per 100 grams, or not morethan 25 milligrams per dosage unit, with one ormore active, nonnarcotic ingredients in recog-nized therapeutic amounts .

(h) Not more than 50 milligrams of mor-phine per 100 mil liliters or per 100 grams with


UNIFORM CONTROLLED SUBSTANCES ACT 161 .203125

(ew). Mebutamate;(f) Methohexital;(g) Meprobamate ;(h) Methylphenobatbital ;(hm) Oxazepam ;(,j) Paraldehyde;(k) Petrichloral(km) Prazepam;(m) Phenobarbital ;(n) Temazepam;(o) N;N'.dimethyl-1,2-diphenylethylamine,

commonly known as "SPA" .NOTE: Pers : (cm), (c n), (cr),,(em) and (hm) are printed

as adopted by action of the controlled s ubstances board in ad-ministrative rule CSB 2. 09 (1),, effective 5- 1 -76, pursuant to s .161.11 (1) ._

Par. (km) is printe d as adopte d by a ction of the controlledsubstances board i n administrative rule CSB 2.14 effective 12-1 =7°l pursuant to s. 161 . 11 ( 1 ) .

(2m) STIMULANTS, Unless specifically ex-cepted under federal regulations or unless listedin another` schedule, any material, compound,mixture, or preparation which contains anyquantity of the following substances havingg astimulant effect on the central nervous system ortheir salts, isomers or salts of isomers, if' salts,isomers or salts of isomers exist under' the spe-cific chemical . designation:

(a) Diethyipropion.(b) Fenfluiamine(c) Pemoline,.(d) Phentermine.(e) Pipradiol .NOTE: Par. ( b) is printed as adopted byaction of the c on-

trolled substances board in administrative rule CSB 2 .08 . (3),eflecti re 3-1-76, pursuant to s . 161 .11 ( 1 ) .

NARCOTIC DRUGS CONTAINING NON-NARCOTIC ACTIVE MEDICINAL INGREDIENTS .Any compound, mixture or, preparation contain-ing limited quantities of any of the followingnarcotic drugs or 'their salts, isomers or salts ofisomers, calculated as the free anhydrous baseor' alkaloid, which also contains one or morenonnaccotic; active medicinal ingredients in suf-ficient proportion to confer upon the compound,mixture or, preparation valuable medicinal qual-ities other than those possessed by the narcoticdrug alone :

(a) Not more than 1 .0 milligrams of dife-noxin and not less than 25 micrograms of atro-pine sulfate per dosage unit .

(4) OTHER SUBSTANCES . Unless specificallyexcepted under' federal regulations or, unlesslisted in another' schedule, any material, com-pound, mixture` or preparation which containsany quantity of the following substances or theirsalts :

(a) ' Dextropropoxyphene (Alpha-(+)-4dimethylamino=l, 2-diphenyl- :3-methyl-2-pc•opionoxybutane) .

one or more active, nonnarcotic; ingredients inrecognized therapeutic amounts

(6) ExcEPriorrs.. The controlled substancesboard may except by rule any compound, mix-ture or preparationn containing any stimulant ordepressant substance listed in sub, (3) from theapplication of all or, .any part of this chapter ifthe compound, mixture or preparation containsone or more active medicinal ingredients nothaving a stimulant or depressant effect on thecentral nervous system, and if the admixturesaree included therein in combinations, quantity,proportionn or' concentration that vitiate the po-tential for abuse of the substances which have astimulant or, depressant effect on the centralnervouss system .

History: 1971 c 219;1981 c, . 6;1981 c : 206 ss . 32 to 40, 57,.NOTE See 1979-80 Statutes for morenotes on actions by

controlled substances board under s. 161. 11 (1) .

161 .19 Schedule IV tests. The controlledsubstances board 'shall place a substance inschedule IV if it finds that-

(1) The substance has a low potentiall forabuse relative to substances in schedule III ;

(2) The substance has currently acceptedmedical use in treatment in the United States ;and

(3) Abuse of the substance . may lead tolimited physical dependence or psychologicaldependence relative to the substances in sched-ule IIL

Hi s tory : 19'71 c 219 .

161.20 Schedule IV. (1) INCLUDED SUB-STANCES, The controlled substances listed in thissection are included in schedule TV„

°( '1) DEPRESSANTS., Unless specifically ex-cepted under, federal regulations or unless listedin another' schedule, any material, compound,mixture or preparation which contains anyquantity of the following substances having adepressant effect : on the central nervous systemor their salts, isomers orsalts of isomers, if salts,isomers or salts of isomers exist under the spe-cific chemical designation:

(a) Alprazolam;(am) Barbital;(b) Chloral betaine;(c) Chloral hydrate ;(cm) Chlordiazepoxide ;(cn) Glonazepam ;,(cp) Clorazepate;(cr) Diazepam;(d) Ethchloryynol ;(e) Ethiriamate;-(em) Flurazepam;(eo) Halazepam ;(eq) Mazindol ;(er) Lorazepam;



(5) ExcEprcoNS„ The controlled substancesboard may except by rule-any. compound, mix-ture or preparation containing any depressantsubstance listed in sub. (2) from the applicationof all or any part of this chapter if the, com-pound, mixture or preparation contains one or,more active medicinal ingredients not having adepressant effect on the central nervous system,and if the admixtures are included therein incombinations, quantity, proportion or concen-tration that vitiate the potential for abuse of thesubstances which have a depressant effect on thecentral nervous system .

Hi s tory : 1971 c 219; 1979 c. . 32 ; 1981 c.. 206 ss 34m, 41 to5 2.`NOTEi See 1979-80S tatutes for, morenotes on actions by

controlled s ubstances board under s. 161 . 11 ( 1 ) .

161 .21 Schedule V : tests; The controlledsubstances board shall place a substance inschedule V if it finds that :

(1) The substance has low potential forabuse relative to the controlled substances listedin schedule IV;

(2) The substance-has currently acceptedmedical use in treatment in the United States ;and

(3) The substance has limited physical de-pendence or psychological dependence liabilityrelative to the controlled substances listed inschedule IV,

History : 1971 c.. 219 .

161 .22 Schedule V.' (1) INCLUDED sus-sanxcES: The controlled substances listed in thissection are included in schedule V ::

(2) NARCOTIC DRUGS CONTAINING, NON-NARCOTIC, ACTIVE MEDICINAL, INGREDIENTS,Any compound, mixture or preparation contain-ing limited, quantities of any of the followingnarcotic drugs or their salts, isomers or salts ofisomers, calculated as the free anhydrous baseor alkaloid, which also contains one or morenonnarcotic, active medicinal ingredients in suf-ficient proportion to conferr upon the compound,mixture or preparation, valuable medicinalqualities other' than those possessed by the nar-cotic -drug alone :

(a) Not more than 200 milligrams of codeineper 100 milliliters or per 1 .00 grams,

(b) Not more, than 100 milligrams ofdihydrocodeine per. 100 milliliterss or per 1.00grams .

(c) Not more than 100 milligrams, : ofethylmorphine per 100 milliliters or per 100grams .

(d) Not more than 2.5 milligrams of'diphen-oxylate and not less than 25 micrograms ofatropine sulfate per dosage unit .;

(e) Not more than 100 milligrams of opiumper 100 milliliters or per 100 grams :

(f) Not more than 0,5 milligrams of'dife-noxin' and not less than 25 micrograms of atro-pine sulfate per dosage unit ..

(3) OTHER SUBSTANCES. Unless specificallyexcepted under' federal regulations or unlesslisted in another' schedule, any quantity of thefollowing substances or their salts, isomers orsalts of isomers, if salts, isomers or salts ofisomers exist under the specific chemicaldesignation:

(a) Loperamide,History: 1971 c. 219; 1981 c., 206„

161 .23 Dispensing of schedule V sub-stances. The dispensing of schedule V sub-stances is subject to the following conditions:

(1) That theyy be dispensed and sold in goodfaith as a medicine ;, and not forthe purposeofevading this chapter .

(2) , That they be sold at retaill only by aregistered pharmacist when sold in a retailestablishment.

(3) That, when sold in a retail establishment,they bear the name and address of'the establish-ment on the immediate container of saidpreparation,,

(4)' That any person purchasing such a sub-stance at the time of purchase present to theseller his correct name and address . The sellershall record the name and address;and the nameand quantity of the product sold, The purchaser-and the seller shall sign thee record of thistransaction, The giving of a falsee name or falseaddress by the purchaser shall be prima facieevidence of a violation of s . 161 .43 (1) (a:) . .

(5) That no person may purchase more than8 ounces of a product containing opium or morethan 4 ounces of a product containing any otherschedule V substance within a 48-hour periodwithout the authorization of a physician, dentistor veterinarian nor may more than 8 ounces of aproduct containing opium or more than 4 ouncesof a product containing any other schedule Vsubstance be in the possession of any personother, than a physician, dentist, veterinarian orpharmacist at any time without the authoriza-tion of a physician,, dentist or veterinarian .

History: 19'71 c. . 219 ; 19'13 c. 12 s:3'7; 1981 c : 206.;

161 .24 Republishing of schedules. Thecontrolled substances board shall revise andrepublish the schedules semiannually for . 2yearsfrom October 1, 1972, and thereafter annually . .

Hi story: 1971 c. . 219 . .



permitted possession and use of controlled sub-stances for these purposes without obtaining anindividual permit .

(2) A' permit issued under this section shallbe valid for one year from the date of issue ..

(3) The fee for a permit under this sectionshall be an amount deter mined by the controlledsubstances boad'but shall not exceed $25 . Nofeee may be charged for permits issued to em-ployes of state agencies or institutions,

(4) Permits issued under this section shall beeffective only for and shall specify :

(a) The name and address of the permittee .(b) The nature of thee project authorized by

the permit . .(c) The controlled substances to be used in

the project, by name if in schedule I, andd byname or schedule if in any other schedule .

(d) Whether dispensing to human subjects isauthorized.

(5) A permit shall be effective only for theperson, substances and project specified on itsface and for additional projects which derivedirectly from the stated project .. Upon applica-tion, a valid permit may be amended to add afurther activity or to add further substances orschedules to the project permitted thereunder .The fee for such amendment shall be deter-mined by the controlled substances board butshall not exceed $5 .

(6) Persons who possess a valid permit issuedunder this section are exempt from state prose-cution for possession and distribution of con-trolled" substances to the extent of theauthorization,,

(7) The controlled substances board mayauthorize persons engaged in research on the useand effects of controlled substances to withholdthe names and other identifying characteristicsof individuals who are the subjects of research . .Persons who obtain this authorization are notcompelled in any civil, criminal, administrative,legislative or otherr proceeding to identify or toidentify to the board the individuals who are thesubjects of research for which the authorizationwas obtained..

(8) The controlled substances board maypromulgate rules relating to the granting ofspecial use permits including, but not limited to,requirements for the keeping and disclosure ofrecords other than those that may be withheldunder sub.. (7), submissions of protocols, filingof applications and suspension or revocation ofpermits.,

(9) The controlled substances board maysuspend or revoke a permit upon a finding thatthere is a violation of the rules of the board .

History: 1971 c . 219 ; 1975 c.. 110, 199; 19 '71 c .. 26 ..

161 .31 ; Rules. The pharmacy examiningboard may promulgate rules relating to themanufacture, distribution and dispensing ofcontrolled substances within this state, .

History: 1971 c. . 21 9. .

161.32 Possession authorization . (1) Per-sons registered under federal law to manufac-ture, distribute, dispense or conduct researchwith controlled substances may possess, manu-facture, distribute, dispense or conduct researchwith those substances in this state to the extentauthorized by their federal registration and inconformity with the other provisions of thischapter.

(2) The following personss need not beregistered under federal law to lawfully possesscontrolled substances in this state :

(a) An agent or- employe of any registeredmanufacturer-, distributor or dispenser' of anycontrolled substance if he is acting in the usualcourse of his business or employment ;

(b) A common .n or contract carrier: or ware-houseman, or an employe thereof, whose posses-sion of any controlled substance is in the usualcourse of business or employment;

(c) An ultimate user or a person in possessionof any controlled substance pursuant to a lawfulorder of a practitioner or in lawful possession ofa schedule V substance..

(d) Any person exempted under, federal law,or for whom federal registration requirementshave been waived .

History:- 1971 c.. 21 9, 336 . .Doctor or dentist w ho dispenses d rugs to patient wit hin

course of professional practice is not subject to cri min al l iab il-ity. Sta te v . Townsend, 1 07 W (2 d ) 24, 3 1 8 NW (2d ) 3 61(1982) .

161 .335 Special use authorization. (1)Upon application the controlled substancesboard may issue a permit authorizing a person tomanufacture; obtain, possess, use, administer ofdispense a controlled substance forr purposes ofscientific research, instructional activities,chemical analysis or other special uses, withoutrestriction because of enumeration .: No personshall' engage in any such activity without apermit issued under this section, except that anind ividual may be designated and authorized toreceivee the permit for a college or, universitydepartment, research unit or similar administra-tive organizational unhand students, laboratorytechnicians, research specialists or chemicalanalysts under his or her supervision may be

SUBCHAPTER III

REGULATION OF MANUFACTURE,DISTRIBUTION AND DISPENSING OF

CONTROLLED SUBSTANCES .



161 .36 Diversion control and prevention.(1) The controlled substances board shall regu-larly prepare and make available to state regula-tory, licensing and law. enforcement agenciesdescriptive and analytic reports on the potentialfor diversionn and actual diversion patternswithin the state of certain controlled substancesthe board selects that are listed in s 161 ...16,16L18,161,20 or 16122 . .

(2) The controlled substances board shallenter into written agreements with other state orfederal agencies to assist and promote coordina-tion of agencies responsible for ensuring compli-ance with controlled substances law, to monitorobservance of these laws and to monitor co-operation between the agencies .

(3) The controlled substances board shallevaluate the outcome of its program under thissection and shall annually report to the presidingofficer of each house of the legislature on itsfindings and recommendations for improvingcontrol and prevention of the diversion of con-trolled substances,.

r His tory : ; 1981 c.. 200,

161 .38 Prescriptions. (1) Except when dis-pensed directly by a practitioner, other than apharmacy, to an ultimate user, no controlledsubstance in schedule II may be dispensed with-out the written prescription of a practitioner-,

(2) In emergency situations, as defined byrule of the pharmacy examining board, scheduleII drugs: may be dispensed: upon oral prescrip-tion of a practitioner, reduced promptly to writ-ing and filed by the pharmacy Prescriptionsshall be retained in conformity with rules ofthepharmacy examining .g board promulgated unders . . 1613L No prescription for a schedule IIsubstance may be refilled,'

(3) , Except when dispensed directly by, apractitioner, other than a pharmacy, to an ulti-mate user, a controlled substance included inschedule III or IV, which is ,a prescription drug,shall not be dispensed without a writtenn or oralprescription of a practitioner, : The prescriptionshall not be filled or refilled except as designatedon the prescription and in any case nott morethan ,6. months after the date thereof, nor may itbe refilled more than 5 times, unless renewed bythe practitioner .

(4) A controlled substance, included inschedule V shall not be distributed or dispensedother than for a medical purpose .

(5) No practitioner shall prescribe, orally orin writing, or take without a prescription acontrolled substance included in schedule I, II,III or IV for the practitioner's own personal use

History: 1971 c . 219 ; 1975 c.. 190, .421 ; 1977 c. . 203 . .

161 .41 Prohibited acts A-penalties. (1)Except as authorized by this chapter, it is unlaw-ful for any person to manufacture or deliver acontrolled substance . . Any person who violatesthis subsection with respect . to :

(a) A controlled substance classified inschedule I or II which is a narcotic drug, may befined not more than $25,000 or imprisoned notmore than 15 years or' both ;

(b) Any other controlled substance classifiedin schedule I ; II or TII,-may be fined not morethan $15,000 or imprisoned not more than 5years or both;

(c) A substance classified in schedule IV,may be fined not more than $10,000 or impris-oned not more than 3 years or both;

(d) A substance classified in schedule V, maybe fined not more than $5,000 or imprisoned notmore than one year or both .

('im) Except as authorized by this chapter, itis unlawful for any person to possess, with intentto manufacture or deliver, a controlled sub-stance . : Intent under this subsection may 'bedemonstrated by, without limitation because ofenumeration, evidence of the quantity and mon-etary value of the substances possessed, thepossession of manufacturing implements or, par-aphernalia, and the activities or statements ofthe person in possession of the controlled sub-stance 'prior to and after the alleged violation ..Any person who violates this subsection withrespect to :

(a) A controlled substance classified inschedule I and II which is a narcotic drug,, maybe fined not more than $25,000 or' imprisonednot more than 15 years or both ;

(b), Any other controlled substance classifiedin schedule I, II or III, may be fined not morethan $15,000 or imprisoned not more than 5years or, both ;

(c) A substance classified in schedule IV,may be fined not more than $10,000 or impris-oned not more than 3 years or both ;

(d) A substance classified in schedule, V, maybe fined not more than $5,000 or imprisoned notmore than one year or both

(2) Except as authorized by this chapter, it isunlawful for any person to create, deliver orpossess with intent to deliver, a counterfeit sub-stance Any person who violates this subsectionwith respect to: , .

(a) A counterfeit substance classified inschedule I or II which is a narcotic drug, may befined not more than $25,000 or, imprisoned notmore than 15years or both ;

SUBCHAPTER IV

OFFENSES AND PENALTIES



noncontrolled substance and expressly or im-pliedly represent to the recipient :

1 .. The substance is a controlled substance ; or2 . . The substance is of a nature, appearance or

effect that will allow the recipient to display,sell, distribute or use the noncontrolled sub-stance as a controlled substance ..

(b) Proof of any of the following is primafacie evidence of a representation specified inpar. (a),1 or 2 :

1 . The physical appearance of the finishedproduct containingg the substance is substan-tially the samee as that of a specific controlledsubstance..2. The substance is unpackaged or, is pack-

aged in a manner normally used for the illegaldelivery of a controlled substance .

3 . The substance is not labeled in accordancewith 21 USC 352 or 353 .4.. The person delivering, attempting to de-

liver or causing delivery of thee substance to bemade statess to the recipient thatt the substancemay be resold at a price thatt s ubstant ia llyexceeds the value of the substance

(c) A person convicted of violating this sub-section may be fined not more than $5,000 orimprisoned not more than one year or both .

History : ; 19 71 c . 219, 3 07 ; 19 7 3 c.. 1 2; 198 1 c . 90, 314..Inference of intent m ay be drawn from possession of hash-

ish with a street value of $2 ,000 to $4,000 and opium with astreet va lue of $20, 000 to $24,000. . State v . Trimbell, 64 W( 2d ) 379 , 219 NW (2 d) 369.

No presumpti on of intent to deliver is raised by (lm ) . .Statute merely lis ts ev idence from whi ch intent may be in-ferred. . State ex rel. Bena v. Hon. John J. . Crosetto, 73 W(2d) 261, 243 NW ( 2d ) 442.Evidence of defendan t' s possession of pipe containing

burnt residue of marijuana was in sufficien t to impute knowl-edge to de fendant of poss ession o f cont rolled substa nce. .Kabat v. . State, 76 W (2d ) 224, 251 NW ( 2d ) 38 . "

Th is section prohibits t he act of manufacture,, as defined in161,01 (13) . Possess i on of cont rolled subst ance created byaccu sed is not required for conviction . Thi s section is no t un••constitutionally va gue. St ate ex rel. Bell v. . Columbi a CountyCt. 82 W ( 2d) 401 , 263 NW (2d ) 162 .

Conviction unde r 161,41 ( lm) upheld where defendantpossess ed 1/3 gram of cocaine divided into 4 package s, andev idence of defenda n ts prior, sales of otherd rugs was admit-ted -under 9044,04 ( 2) as probative of intent to deliver the co-ca ine . Peasley v. State, 83 W (2d) 224, 265 NW (2d) 506(1978) .

State mus t prove that defendant knew exact nature orchemi cal name of controll ed subs tance only when evidencepoints to substa nces of different schedules and different - n-alties :: State v. Smallwood, 97 W ( 2d)- 673 , 294 NW. (2d751(Ct. App .. 1980) .

See note to 904..02, citing State v . . Wedgewotth, 100 W- (2d) 514, 302 NW (2d) 810 (1981) .

161 .42 Prohibited acts B-penalties . (1)It is unlawful for any person knowingly to keepor maintain any store, shop, warehouse, dwell-ing, building, vehicle, boat, aircraft or otherstructure or place, which is resorted to by per-sons using controlled substances in violation ofthis chapter for the purpose of using thesesubstances, or which is used for manufacturing,keeping or delivering them in violation of thischapter:

(b) Any other counterfeit substance classi-fied in schedule I, II or III, may be fined notmore than $15,000 or imprisoned not more than5 years or both ;

(c) A counterfeit substance classified inschedule IV, may be fined not more than$1Q000 or imprisoned not more than 3 years orboth;

(d) A counterfeit substance classified inschedule V, may be fined not more than $5,000or imprisoned not more than one year, or both,.

(2m) It is unlawful for any person to agree,consent or offer to lawfully manufacture, deliveror dispense any controlled substance to anyperson, or to offer,, arrange or negotiate to haveany controlled substance unlawfully manufac-tured, delivered or, dispensed, and then manu-facture, deliver, or dispense or offer, arrange ornegotiate to have manufactured, delivered, ordispensed to any such person a substance whichis, not a controlled substance .. . Any person whoviolates this subsection may be fined not morethan $500 or imprisoned not more than 6months or both.

(2r) (a) It is unlawful for any person topossess a controlled substance classified in`schedule I or II which is a narcotic drug unlessthe substance was obtained directly from, orpursuant to a valid prescription or order of, apractitioner while acting in the course of hisprofessional practice, or except as otherwiseauthorized by this chapter.. Any person whoviolates this subsection, upon a first conviction,may be fined notmore than $5,000 or impris-oned not more than one year or both, and for a2nd or subsequent offense, may be fined notmore than $10,000 or imprisoned not more than2 years or both,

(b) For purposes of this subsection, an of-fense is considered a 2nd or, subsequent offenseif, prior to his conviction of the offense, theoffender has at any time been convicted underthis chapter or under, any statute of the UnitedStates or of any state relating to controlledsubstances, narcotic drugs, marijuana or depres-sant, stimulant or hallucinogenic drugs .

(3) It is unlawful'for any person to possess acontrolled substance, other~ than a controlledsubstance classified in schedule I or, II which is anarcotic drug, unless the substance was obtaineddirectly from, or pursuant to a valid prescriptionor order of, a practitioner while acting in thecourse of his professional practice, or except asotherwise authorized by this chapter . Any per-son who violates this subsection is guilty of amisdemeanor, punishable under s . 939 .61 .

(4) (a) No person may knowingly deliver,attempt to deliver or cause to be delivered a



(2) Any person who violates this section maybe fined not more than $25,000 or imprisonednot more than one year or both.

History: 1971 c., 219 -

161 .43 Prohibited acts C-penalties. (1)It is unlawfull for any person : ;

(a) To acquire or obtain, possession of a:controlled .d substance by misrepresentation,fraud, forgery, deception or subterfuge ;

(b) To make, distribute or possess any punch,die, plate, stone or other thing designed to print,imprint or reproduce the trademark, trade nameor other identifying mark, imprint or device ofanother, or any likeness of any of the foregoingupon any drug or container or labeling thereof 'soas :

1 . To counterfeit a drug ; or2 . . To duplicate substantially the physical

appearance, form, package or labell of a con-trolled substance..

(2) Any person who violates this section maybe fined not more than $30,000 or, imprisonednot more than 4`years of both : :

His tory : 1971 c . 219; 1981 c 90 .

161 .435 Specific penalty. Any person-whoviolates s 16138 ,(5) may be fined not morethan $500.oi imprisoned not more than 30 days

_or both .History: 1975 c. . 190

161 .44 Penalties under other laws. Anypenalty imposed for violation of this chapter is inaddition to, and not in lieu of, any civil oradministrative penalty or sanction otherwiseauthorized by law .

History: 1971c 219,

161 .45 Bar to prosecution. If a violation ofthis chapter, is a violation of a federal law of thelaw of another state, a conviction or acquittalunder federal law or the law of another state forthe same actin a bar to prosecution in this state

History. 197P c .. 219 ;

161 .46 Distribution to persons under age18. An,y, person 18 years of age or over whoviolates s. 16141 (1) by distributing aa con-trolled substance listed in schedule I or II whichis a narcotic drug to a person under 18 years ofage who is at least 3 years his junior is punish-able by the'fine authorized by s: 161 : :41 ( L) (a)or a term of imprisonment of up to twice thatauthorized by s„ 161,41 (1) (a), of both .. Anyperson 18 years of age or over, who violates s . .161.41 (1) by distributing any other controlledsubstance listed in schedule: I, TI, III, IV or V toa person under 18 years of age who is at least 3years his junior is punishable by the fine autho-

16ti .465 Distribu tion to prisoners . (1)Any person who violates s, 161,41 (1) or (lm)by delivering or, possessing with intent to delivera controlled substance to a prisoner within theprecincts of any prison jail or house of correc-tion is subject to the applicable fine under s . .161.41 (1) or (1m) or a term of imprisonmentof up to twice that authorized by s..161 ..41 (1) or-(I m) of both..

(2) In this section, "precinct" means a placewhere any activity is conducted by a prison, jailor house of correction..His tory : 1979 c '116

161 .47 Conditional discharge for posses -sion as first offense. (1) Whenever any pei-sonwho has not previously been convicted of anyoffense under this chapter, or of any offenseunder any statute of the United States or of anystate relating to narcotic drugs, marijuana orstimulant, depressant or hallucinogenic drugs,pleads guilty to of is found guilty of possessionn of'a controlled substance under s„ 161 .41 (3), thecourt, without entering a .judgment of"guilt andwithh the consent of the accused, may deferfurther proceedings and place him on probationupon terms and conditions . Upon violation of aterm or condition, the court may enter an adju-dication of guilt and proceed as otherwise pro-vided„ Upon fulfillment of the terms and condi-tions, the court shall discharge the person anddismiss the proceedings against him . . Dischargeandd dismissal under this section shall be withoutadjudication of guilt and is not a conviction forpurposes of disqualifications of disabilities im-posed by law upon convictionn of a crime, includ-ing the additional penalties imposed for 2nd orsubsequent convictions under s,. 161 .48., Theremay be only one discharge and dismissal underthis section with respect to any person .

(2) Within. . 20 days after probation isgranted under this section, the clerk of courtshall notify the division of law enforcementservices in the department of justice ofthe nameof individual granted probation and any otherinformation required by the division ..' This re-port shall be upon forms provided by thedivision .History: 1971 c.. 219.;If a defendant desi res either a f ina l judgment o: order in the

nature of a final judgment for appeal purposes, he has only towithhold his consent:, State v Ryback, 64 W (2d) 574, 219NW (2d) 263

161.475 Treatment option. .. Whenever anyperson; pleads-.guilty : to or is found guilty of

rized by s . 161,41 (1) (b), (c) or, (d) or a termof imprisonment of up to twice that authorizedby s . 161 „41 . ( . 1) (b), (c) or, (d) or, both . .

History: 1971 c . 219.


3131 UNIFORM CONTROLLED SUBSTANCES ACT 161 .52

believe that the person to be arrested has com-mitted or is committing a violation of this chap-ter which may constitute a felony ; and

(c) Make seizures of property pursuant tothis chapter.,

(2) This section does not affect the responsi-bility of law enforcement officers and agenciesto enforce this chapter, not, the authoritygranted the division of criminal investigationunder s. 165 . .70 . .History: 1971 c.. 219 .

161 .52 Administrative inspections andwarrants . (1) Issuance and execution of'ad-ministrative inspection warrants shall be asfollows :

(a) A,judge of a court of record, upon properoath oi- affirmation showing probable cause,may issue warrants for the purpose of con-ducting administrative inspections authorizedby this chapter or rules hereunder-, and seizuresof property "appropriate to the inspections .. Forpurposes of the issuance of administrative in-spection warrants, probable cause exists uponshowing a valid public interest in the effectiveenforcement of this chapter of rules hereunder,sufficient: to ;justify administrative inspection ofthe area, premises, building or conveyance in thecircumstances specified in the application forthe warrant.

( b)'A warrant shall issue only upon an affi-davit of a designated officer or employe of thepharmacy examining board or the division ofcriminal investigation in the department of jus-ticehaving knowledge of the facts alleged, swornto before the judge and establishing the groundsfor- issuing the warrant . If the judge is satisfiedthat grounds for the application exist or thatthere is probable cause to believe they exist, heshall issue a warrant identifying the area, prem-ises, building or conveyance to be inspected, thepurpose of the inspection, and, if appropriate,the type of property to be inspected, if any . Thewarrant shall :

1. State the grounds for its issuance and thename of each person whose affidavit has beentaken in support thereof ;

2.. Be directed to a person authorized by law toexecute it;

3 . Command the person to whom it is directedto inspect the area, premises, building or convey-ance identified for the purpose specified and, ifappropriate, direct the seizure of the propertyspecified;

4 . . Identify the item or types of property to beseized, if any ;

5 . . Directt that .t it be served during normalbusiness hours and designate the„judge to whomit shall be returned.,

possession of a controlled substance under s .161 .41 (2r) or, (3), the court may, upon requestof such person and with the consent of a treat-ment facility with special inpatient or, outpatientprograms for, the treatment of drug dependentpersons, allow the person to enter such treat-ment programs voluntarily for purposes of treat-ment and rehabilitation . . Treatment shall be forthe period the treatmentt facility feels is,neces-sary and required, but shall not exceed themaximum sentence allowable unless the personconsents to such continued treatment. At theend of such necessary and required treatment,with the consent of the court, the person may bereleased from sentence. If'treatment efforts areineffective or the person ceases to cooperate withtreatment rehabilitation efforts, the person maybe remanded to the court for completion ofsentencing .

History:' 1971 6,::219,336 .

161.48 ' Second or subsequent offenses .(1) Any person convicted of'• a 2nd or- subse-quent offense under this chapter may be fined anamount up to twice that otherwise authorized orimprisoned for a term up- to twice the termotherwise authorized or both.:

(2) For, purposes of this section, an offense isconsidered a 2nd or, subsequent offense if ; prior,to his conviction of the offense,, the offender hasat any time been convicted under this chapter orunder any statute ofthe United States of of anystate relating to controlled substance, narcoticdrugs, marijuana or depressant, stimulant orhallucinogenic drugs .'

(3) This section does not apply to offensesunder s . . 161,41 (2i) and (3),

History: 19'71-c 219 . .The trial cour t erred in imposing a 2nd sente nce on a

defendant conv icted of a 2n d violation of 1 61 41 (1) (a) and16 1 :14 (3) ( k ), whi le the repeater statute, 16148, allowss im-p osition of a penalty not exceeding twice that a llow able-for a1st offense, it does not of itself create a crime and cannot s up-port a separate an d independent sentence Ol son v .: State, 69W ( 2d) 605, 230 NW ~2d ) 634 ,

SUBCHAPTER V

ENFORCEMENT ANDADMINISTRATIVE PROVISIONS

11.51 Powers of enforcement- person-nel. (1) Any officer or employe of the phar-macy examining board designated by the exam-ining board may :

(a) Execute and serve search watt ants, art estwarrants, administrative inspection warrants,subpoenas and summonses issued under theauthority of this state ;

(b) Make arrests without warrant for, anyoffense under this chapter committed in hispresence, or if he has reasonable grounds to



(c) A warrant issued pursuant to this sectionmust be executed and returned within 10 days ofits date unless, upon a showing of a need foradditional time, the court orders otherwise .. Ifproperty is seized pursuant to a warrant, a copyshall be given to the person from whom or fromwhose premises the property is taken, togetherwith a receipt forr the property taken . The returnof the warrant shall be made promptly, accom-panied by a written inventory of any propertytaken.. The inventory shall be made in thepresence of the person executing the warrantand of the person from whose possession orpremises the property wass taken, if present, or inthe presence of at least one credible person other'than the person executing the warrant . A copyof the inventory shall be delivered to the personfrom whom or from whose premises the propertywas taken and to the applicant for' the warrant.

(d) The judge or magistrate who has issued awarrant shall attach thereto a copy of the returnand all papers retu r nable in connection there-with and file them with the clerk of court for thecountyy in which the inspection was made ..

(2) The pharmacy examining board andd thedivision of criminal investigation may makeadministrative inspections of controlled prem-i ses in accordance with the following provisions :

(a) For purposes of this section only, "con-trolled premises" means :

1 . Places where persons authorized under s ..161 .32 to possess controlled substances in thisstate are required by federal law to keep records ;and

2. Places including factories, warehouses, es-tablishments and conveyances in which personsauthorized under s. 161 .32 to possess controlledsubstances in this state are permitted by federallaw to hold, manufacture,, compound, process,sell, deliver or otherwise dispose of any con-trolled substance .

(b) When authorized by an administrativeinspection warrant issued pursuant to sub. . (1),an officer or employe designated by the phar-macy examining board or the division of crimi-nal investigation, upon presenting the warrantand appropriate credentials to the owner, opera-tor or agent in charge, . may enter, controlledpremises for the purpose of conducting an ad-ministrative inspection . .

(c) When authorized by an administrativeinspection warrant, an officer or employe desig-nated by the pharmacy examining board or thedivision of criminal investigation may :

1 . . Inspect and copy records relating to con-trolled 'substances;

2. Inspect, within reasonable limits and in areasonable manner, controlled premises and allpertinent equipment, finished and unfinishedmaterial, containers and labeling found therein,

and, except as provided in par . . (e), all otherthings therein, including records, files, papers,processes, controls and facilities bearing on vio-lation of this chapter ; and

3 . Inventory any stock of any controlled sub-stance therein and obtain samples thereof

(d)This section does not prevent entries andadministrative inspections, including seizures ofproperty, without a warrant :

1 . If the owner, operator or agent in charge ofthe controlled premises consents ;

2 .. In situations presenting imminent danger,to health or safety ;

3 .. In situations involving inspection of con-veyances if there is reasonable cause to believethat the mobility of the conveyance makes itimpracticable to obtain a warrant ;

4. In any other' exceptional or emergencycircumstance where time or opportunity to ap-ply for a warrant is lacking ; or

5 . In alll other situations in which a warrant isnot constitutionally required .

(e) An inspection authorized by thiss sectionshall not extend to financial data, sales data,otherthan shipment data, or pricing data unlessthe owner', operator or- agent in charge of thecontrolled, premises consents in writing .

History: 1971 c. . 219 ..

161 .53 Violations constituting publ ic nui-sance. Violations of this chapter constitutepublic nuisances under chi 823, irrespective ofany criminal prosecutions which may be or arecommenced based on the same acts„

History: 1971 c.. 219; Sup.. Ct. Order, 67 W (2d) 775.

161.54 Cooperative arrangements andconfidentiality. The department of justiceshall cooperate with federal, state and localagencies in discharging its responsibilities con-cerning traffic in controlled substances and insuppressing the abuse of controlled substances..To this end, it may :

(1) Arrange for the exchange of informationamong governmental officials concerning theuse and abuse of controlled substances ;

(2) Coordinate and cooperate in trainingprograms concerning controlled substance lawenforcement at local and state levels ;

( 3) Cooperate with the bureau by establish-ing a centralized unit to accept, catalog, file andcollect statistics, including records of drug de-pendent persons and other controlled substancelaw' offenders within the state, and make theinformation available for federal, state and locallaw enforcement purposes. It shall not furnishthe name or identity of a patient or researchsubject whose' identity could not be obtainedunder s. 161 .335 (7); and


UNIFORM CONTROLLED SUBSTANCES, ACT 161 .553133

(a) The seizure is incident to an arrest or asearch under a search warrant or an inspectionunder' an administrative . inspection warrant;

(b) The property subject to seizur e has beenthe subject of a prior judgment in favor of thestate in a criminal injunct i on or forfeiture pro-ceeding based upon this chapter ;

(c) The officer or employe or a law enforce-ment officer has probable cause to believe thatthe property is directly or indirectly dangerousto health or safety; or

(d) The officer or employe or a law enforce-ment officer has probable cause to believe thatthe property was used or is intended to be used inviolation of this chapter, that .t the property wasderived from or realized through a crime underthis chapter or that the , property is a vehiclewhich was used as described in sub . (1) (d) .

(3) In the event of seizure under ' sub ., (2),proceedings under sub.. (4) shall be institutedpromptly . All dispositions and forfeitures underthis section and ss. 161 . 555 and 161 : 56 shall bemade with due provision for the rights of inno-cent persons Any property seized but notforfeited shall be returned to its rightful owner.Any person claiming the right to possession ofproperty seized may apply for its return to thecir cuit court for, the county in which the prop-erty was seized.. The court shall orde r suchnotice as it deems adequate to be given thedistrict attorney and all persons who have ormay have an interest in the property and shallhold a hearing to hear all claims to its trueownership.. If the right to possession is proved tothe court's satisfaction, it shall order the prop-erty returned if:

(a) The property is not needed as evidence or-,i f needed„ satisfactory arrangements can bemadee for, its return f 'or, subsequent use as evi-dence ; or

(b) All pioceedings . in which it might berequired have been completed .

(4) Property taken or detained under thissection shall not be subject to replevin, but isdeemed to be in the custody of the sheriff of thecounty in which the seizure was made subjectonly to the orders and decrees of the courthaving jurisdiction over the forfeiture proceed-ings : When property is seized under ' this chap-ter, the person seizing the property may :

(a) Place the property under seal ;(b) Remove the property to a place desig-

nated by it ; or(c) Require the sheriff of' the county in which

the seizuree was made to take custody of theproperty and remove it to , an appropriate loca-tion for disposition in accordance with law . .

(4) Conduct programs of eradication aimedat destroying wildd or illicit growth of plantspecies from which controlled substances maybe extracted :.

History: 1971 c. 219, .336 ; 1975 a 11 0

161 :55 Forfeitures. . (1) The following aresubject to forfeiture :

(a) All controlled substances which havebeen manufactured, distributed, dispensed oracquired in violation of this chapter ;

(b) All t aw materials, products and equip-ment of any kind which are used, or intended foruse,, in manufacturing, compounding, process-ing, delivering, : importing or exporting any con-trolled substance in violation of this chapter ;

(c) All property which is used, or intendedfor use, as a container for property described ingars. (a) and (b) ;

(d) All vehicles, as defined in s 939 .22 (44),which are used, o • i ntended for use, to transport,or in any manner t o facilitate, the transportation,for, the purpose o f sa le or receipt of propertydescribed in pals , (a ) and (b) or , for the purposeof transporting any property or weapon used orto be used or received in the commission of anyfelony under this chapter, but :

1 . No vehicle used by any person as a commoncar rier in the transaction of business as a com-mon carrier is subject to forfeiture under thissection unless it appea r s that the owner or other-person in char ge of the vehicle is a consentingparty or privy to a violation of ' this chapter ;

2 ,. No vehicle is subject to forfeiture underthis section by reason of any actt or, omissionestablished by the owner thereof to have beencommitted or~ omitted without his knowledge orconsent ;

3 . A vehicle is not subject to forfeiture f 'or' aviolation of s . 161,41 (3); and

4. A forfeiture of a vehicle encumbered by abona fide perfected security interest is subject tothe interest of the secured party if he or sheneither had knowledge of nox consented to theact or omission

(e) All books, records, and research productsand materials, including formulas, microfilm,tapes and data, which are used, or intended foruse, in violation, of this chapter ,

(f) All property, real or- pe r sonal, includingmoney, directly or indirectly derived from . orrealized, through the commission of' any crimeunder this chapter .

(2) Property subject to forfeiture under thischapter may be seized by any officer or employedesignated in s .. 161 .51 (1) , or (2) or, a lawenforcement officer, upon process issued by anycourt of 'record having jurisdiction over theproperty. Seizure without process may be madeif:


161.55 UNIFORM CONTROLLED SUBSTANCES ACT 31 .34

(5) When property is forfeited under thischapter, the agency whose off icer or employeseized the property may :

(a) Retain it for official use ;(b) Sell that which - is not required to be

destroyed by law and which is not harmful to thepublic . The agency may use 50% of ' the amountreceived for payment of all proper expenses ofthe proceedings for forfeiture and sale, includ-ing expenses of seizure, maintenance of custody,advertising and court costs and the costs ofinvestigation and prosecution reasonably in-curred. The remainder shall be deposited in theschool fund as proceeds of the forfeiture . . If theproperty forfeited is money, all the money shallbe deposited in the school fund ;

(c) Require the sheriff of the county in whichthe property was seized to take custody of theproperty and remove it for disposition in accord-ance with law ; or

(d) Forward it to the bureau for disposition .(6) Controlled substances listed in schedule I

that aree possessed, transferred, sold or offeredfor sale in violation of this chapter are contra-band and shall be seized and summarily for-feited to the state.. Controlledsubstances listedin schedule I which a reseized or come into thepossession of the state, the owners of which areunknown, are contraband and shall be summar-ily forfeited to the state . .

(7) Species of plants from which controlledsubstances in schedules I and II may be derivedwhich have been planted or cultivatedd in viola-tion of thiss chapter, or~ of which the owners or,cultivators are unknown, or which are wildgrowths, may be seized and summarily forfeitedto the state .

(8) The failure, upon demand by any officer,or employe designated in s. 161 . 51 ' (1) or (2), ofthe person in occupancy or in control of land orpremises upon which the species of plants aregrowing or- being stored, to produce an appropri-ate federal registration, or proof that he is theholder thereof, constitutes authority for theseizure and forfeiture of the plants .,

History: 1971 c .. 219, 307 ; 19811 c. 267 .Vehicle used to transport controlled substance obtained out

of state is subject to forfeiture under (1) (d), State v , S & SMeats, Inc . 92 W (2d) 64, :284 NW (2d) 712 (Ct ., App, .1979) .

961.555 , Forfeiture proceedings . .. (1) TYPEOF ACTION ; . WHERE BROUGHT . An actionbrought to cause the forfeiture of any propertyseized unde r s. 161 , . 55 is an action in rem.. Thecircuit court for the county in which the prop-erty was seized shall have exclusive , jurisdictionover any proceedings regarding the property .,

(2) CotHNtExcEHtExi ., (a) The district attor-ney of the county within which the property was

161 .56 Burden of proof; liabilities . (1) It isnot necessary, for the state to negate any exemp-tion or exception in this chapter in any com-plaint, information, indictment or other; plead-ing or in any trial, hearing or other proceedingunder this chapter. The burden of proof of anyexemption or exception is upon the personclaiming it .

(2) In the absence of proof that a person isthe duly authorized holder of an appropriatefederal registration or order form, he is pre-sumed not to be the holder of the registration orform. The burden of proofis upon him to rebutthe presumption ..

(3) No liability is imposed by this chapterupon any authorized state, county or municipalofficer or employe engaged in the lawful per-formance of his duties .

' History: 1971 c„ 219, 307..

seized shall commence the forfeiture actionwithin 30 days after the seizure of'the property,except that the defendant may request that theforfeiture proceedings be adjourned until afteradjudication of any charge concerning a crimewhich was the basis for the seizure of the prop-erty . The request shall be granted, The forfeit-ure action shall be commenced by filing a sum-mons, complaint and affidavit of the person whoseized the property with the clerk of circuit courtand by serving authenticated copies of suchpapers upon the person from whomthe proper tywas seized and upon any person known to have abona fide perfected security interest in the prop-erty, Service shall be made in accordance withch., 801,

(b) Upon service of an answer, the actionshall be set for hearing within 60 days of theservice of the answer but may be continued forcause or upon stipulation of the parties . .

(c) In counties having a populationn of500,000 or, move,, the district attorney or corpo-ration counse l may proceed under par' .. (a) . .

(3) BURDEN OF rxooF. The state shall havethe burden of satisfying or convincing to areasonable certainty by the greater weight of thecredible evidence that the property is subject toforfeiture under s . 161 ..55 .

History : 1971 c . . 21 9 ; Sup... Ct . Order, 67 W (2d ) 752 ;1981 c.: 113 , 267 .:

Judicial Council Committee Note, 1974: The districtattorney would be requ ired to file with in the 15 [now 3 0] dayperiod . The answer need not be verged. [Re Order effectiveJ an ., 1, 1976]T i me provisions of s ub.. (2) are mandatory and jurisdic-

tional, Sta te v . . Rosen, 72 W (2d ) 200,240 NW (2d) 1 68..Pers ons served under, ( 2) (a ) must be named as def'end -

ants. Actio n cannot be brought .against ina nimate o bject assol e "defendant", See n ote to 8 0 1 .0 1, citing Sta te v. On e1 973 Cadillac, 95 W (2d ) 641 , 29 1 NW (2d ) 626 ( Ct„App. .198 0 ) .


3135 UNIFORM CONTROLLED SUBSTANCES ACT 161 .62

SUBCHAPTER VI the law with respect to the subject of this chapteramong those states which enact it..

MISCELLANEOUS History: 1971 c. . 219..

161.61 Uniformity of Interp retation . This 161 .62 Short title. This chapter may be citedchapter shall be so applied and construed as to as the "Uniform Controlled Substances Act"..effectuate its general purpose to make uniform History :' 1971 c. 2i9


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