961.45 Bar to prosecution. If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
History: 1971 c. 219; 1995 a. 448 s. 272; Stats. 1995 s. 961.45.
Under this section, a “prosecution" is to be equated with a conviction or acquittal. The date on which a sentence is imposed is not relevant to the determination of whether a “prosecution" has occurred. State v. Petty, 201 Wis. 2d 337, 548 N.W.2d 817 (1996), 93-2200.
This section bars a Wisconsin prosecution under this chapter for the same conduct on which a prior federal conviction is based. The restriction is not limited to the same crime as defined by its statutory elements. State v. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, 99-1128.
If a conspiracy involves multi-layered conduct, and all such conduct is part of the overarching common scheme, this section does not bar prosecution when some other part of the multi-layered conduct has resulted in a prosecution in some other jurisdiction. State v. Bautista, 2009 WI App 100, 320 Wis. 2d 582, 770 N.W.2d 744, 08-1692.
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.