Wisconsin Statutes & Annotations
Chapter 961 - Uniform controlled substances act.
961.23 - Dispensing of schedule V substances.

961.23 Dispensing of schedule V substances. The dispensing of schedule V substances is subject to the following conditions:
(1) They may be dispensed and sold only in good faith as a medicine and not for the purpose of evading this chapter.
(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).
(3) When sold in a retail establishment, they shall bear the name and address of the establishment on the immediate container of said preparation.
(4)
(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).
(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).
(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.
(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.
(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.
(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.
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.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 961 - Uniform controlled substances act.

961.001 - Declaration of intent.

961.003 - Uniformity of interpretation.

961.005 - Short title.

961.01 - Definitions.

961.11 - Authority to control.

961.115 - Native American Church exemption.

961.12 - Nomenclature.

961.13 - Schedule I tests.

961.14 - Schedule I.

961.15 - Schedule II tests.

961.16 - Schedule II.

961.17 - Schedule III tests.

961.18 - Schedule III.

961.19 - Schedule IV tests.

961.20 - Schedule IV.

961.21 - Schedule V tests.

961.22 - Schedule V.

961.23 - Dispensing of schedule V substances.

961.235 - Records relating to sales of pseudoephedrine products.

961.24 - Publishing of updated schedules.

961.25 - Controlled substance analog treated as a schedule I substance.

961.31 - Rules.

961.32 - Possession authorization.

961.335 - Special use authorization.

961.337 - Drug disposal programs.

961.34 - Controlled substances therapeutic research.

961.36 - Controlled substances board duties relating to diversion control and prevention, compliance with controlled substances law and advice and assistance.

961.37 - Law enforcement duty.

961.38 - Prescriptions.

961.385 - Prescription drug monitoring program.

961.39 - Limitations on optometrists.

961.395 - Limitation on advanced practice nurses.

961.41 - Prohibited acts A — penalties.

961.42 - Prohibited acts B — penalties.

961.43 - Prohibited acts C — penalties.

961.435 - Specific penalty.

961.44 - Penalties under other laws.

961.442 - Penalties; hemp.

961.443 - Immunity from criminal prosecution; possession.

961.45 - Bar to prosecution.

961.452 - Defenses in certain schedule V prosecutions.

961.453 - Purchases of pseudoephedrine products on behalf of another person.

961.455 - Using a child for illegal drug distribution or manufacturing purposes.

961.46 - Distribution to persons under age 18.

961.47 - Conditional discharge for possession or attempted possession as first offense.

961.472 - Assessment; certain possession or attempted possession offenses.

961.473 - Victim impact panels.

961.475 - Treatment option.

961.48 - Second or subsequent offenses.

961.49 - Offenses involving intent to deliver or distribute a controlled substance on or near certain places.

961.495 - Possession or attempted possession of a controlled substance on or near certain places.

961.50 - Suspension or revocation of operating privilege.

961.51 - Powers of enforcement personnel.

961.52 - Administrative inspections and warrants.

961.53 - Violations constituting public nuisance.

961.54 - Cooperative arrangements and confidentiality.

961.55 - Forfeitures.

961.555 - Forfeiture proceedings.

961.56 - Burden of proof; liabilities.

961.565 - Enforcement reports.

961.571 - Definitions.

961.572 - Determination.

961.573 - Possession of drug paraphernalia.

961.574 - Manufacture or delivery of drug paraphernalia.

961.575 - Delivery of drug paraphernalia to a minor.

961.576 - Advertisement of drug paraphernalia.

961.577 - Municipal ordinances.

961.65 - Possessing materials for manufacturing methamphetamine.

961.67 - Possession and disposal of waste from manufacture of methamphetamine.

961.69 - Possession, use, manufacture, distribution, or advertisement of a masking agent.