961.38 Prescriptions.
(1g) In this section, “medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.
(1n)
(a) A pharmacy or physician approved under s. 961.34 (2) may dispense cannabidiol products as a treatment for a medical condition.
(b) A physician licensed under s. 448.04 (1) (a) may issue an individual a certification, as defined in s. 961.32 (2m) (a), stating that the individual possesses a cannabidiol product to treat a medical condition.
(1r) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance included in schedule II may be dispensed without the written hard copy or electronic prescription of a practitioner.
(2) In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon an oral prescription of a practitioner, reduced promptly to a written hard copy or electronic record and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 961.31. No prescription for a schedule II substance may be refilled.
(3) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.
(4)
(a) A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
(b) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance specified in s. 961.22 (2) shall not be dispensed without a written, oral, or electronic prescription of a practitioner.
(4g) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.
(4r) A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
(5) No practitioner shall prescribe, orally, electronically or in writing, or take without a prescription a controlled 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; 1995 a. 448 ss. 235 to 240, 483 to 485; Stats. 1995 s. 961.38; 1997 a. 27; 2011 a. 159; 2013 a. 267; 2017 a. 4, 25; 2019 a. 68.
Reefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 961 - Uniform controlled substances act.
961.001 - Declaration of intent.
961.003 - Uniformity of interpretation.
961.11 - Authority to control.
961.115 - Native American Church exemption.
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.
961.32 - Possession authorization.
961.335 - Special use authorization.
961.337 - Drug disposal programs.
961.34 - Controlled substances therapeutic research.
961.37 - Law enforcement duty.
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.
961.44 - Penalties under other laws.
961.443 - Immunity from criminal prosecution; possession.
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.
961.48 - Second or subsequent offenses.
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.
961.555 - Forfeiture proceedings.
961.56 - Burden of proof; liabilities.
961.565 - Enforcement reports.
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.