Sections
Subchapter I Definitions 961.01
Subchapter II Standards and Schedules 961.11 – 961.25
Subchapter III Regulation of Manufacture, Distribution,dispensing and Possession Ofcontrolled Substances 961.31 – 961.395
Subchapter IV Offenses and Penalties 961.41 – 961.50
Subchapter V Enforcement and Administrative Provisions 961.51 – 961.565
Subchapter VI Drug Paraphernalia 961.571 – 961.577
Subchapter VII Miscellaneous 961.65 – 961.69
§ 961.001 Declaration of intent
§ 961.003 Uniformity of interpretation
§ 961.005 Short title

Terms Used In Wisconsin Statutes > Chapter 961

  • Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
  • acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • allegation: something that someone says happened.
  • amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • arrest: Taking physical custody of a person by lawful authority.
  • baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • circumstantial evidence: All evidence except eyewitness testimony.
  • clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means a drug, substance or immediate precursor included in schedules I to V of subch. See Wisconsin Statutes 961.01
  • Controlled substance analog: means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:
         1. See Wisconsin Statutes 961.01
  • conviction: A judgement of guilt against a criminal defendant.
  • corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. See Wisconsin Statutes 961.01
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • dependent: A person dependent for support upon another.
  • dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Wisconsin Statutes 961.01
  • Dispenser: means a practitioner who dispenses. See Wisconsin Statutes 961.01
  • Distribute: means to deliver other than by administering or dispensing a controlled substance or controlled substance analog. See Wisconsin Statutes 961.01
  • Distributor: means a person who distributes. See Wisconsin Statutes 961.01
  • Diversion: means the transfer of any controlled substance from a licit to an illicit channel of distribution or use. See Wisconsin Statutes 961.01
  • Drug: means any of the following:
  •          1. See Wisconsin Statutes 961.01
  • Drug enforcement administration: means the drug enforcement administration of the U. See Wisconsin Statutes 961.01
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • felony: A crime carrying a penalty of more than a year in prison.
  • fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • fraud: Intentional deception resulting in injury to another.
  • Gamma-butyrolactone: means gamma-butyrolactone as packaged, marketed, manufactured, or promoted for human consumption, but does not include gamma-butyrolactone intended for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes. See Wisconsin Statutes 961.01
  • Immediate precursor: means a substance which the controlled substances board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Wisconsin Statutes 961.01
  • in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
  • indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • isomer: includes any geometric isomer; in ss. See Wisconsin Statutes 961.01
  • Jail or correctional facility: means any of the following:
  •       (a)    A Type 1 prison, as defined in s. See Wisconsin Statutes 961.01
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. See Wisconsin Statutes 961.01
  • Marijuana: means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. See Wisconsin Statutes 961.01
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Multiunit public housing project: means a public housing project that includes 4 or more dwelling units in a single parcel or in contiguous parcels. See Wisconsin Statutes 961.01
  • Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  •       (a)    Opium and substances derived from opium, and any compound, derivative or preparation of opium or substances derived from opium, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation. See Wisconsin Statutes 961.01
  • Oath: includes affirmation in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
  • Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
  • Opium poppy: means any plant of the species Papaver somniferum L. See Wisconsin Statutes 961.01
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Wisconsin Statutes 961.01
  • Population: means that shown by the most recent regular or special federal census. See Wisconsin Statutes 990.01
  • Practitioner: means :
  •       (a)    A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. See Wisconsin Statutes 961.01
  • probable cause: A reasonable ground for belief that the offender violated a specific law.
  • probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Promulgate: when used in connection with a rule, as defined under s. See Wisconsin Statutes 990.01
  • Property: includes real and personal property. See Wisconsin Statutes 990.01
  • Pseudoephedrine product: means a material, compound, mixture, or preparation containing any quantity of pseudoephedrine or any of its salts, isomers, or salts of isomers but does not include such a product if any of the following applies:
  •       (a)    The product is a pseudoephedrine liquid or a liquid-filled pseudoephedrine gelcap. See Wisconsin Statutes 961.01
  • Public housing project: means any housing project or development administered by a housing authority, as defined in s. See Wisconsin Statutes 961.01
  • Registered nurse: includes a registered nurse who is licensed in a party state, as defined in s. See Wisconsin Statutes 990.01
  • remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Scattered-site public housing project: means a public housing project that does not include 4 or more dwelling units in a single parcel or in contiguous parcels. See Wisconsin Statutes 961.01
  • seal: includes the word "seal" the letters "L S" and a scroll or other device intended to represent a seal, if any is affixed in the proper place for a seal, as well as an impression of a seal on the instrument. See Wisconsin Statutes 990.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
  • statute: A law passed by a legislature.
  • summons: Another word for subpoena used by the criminal justice system.
  • Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
  • temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
  • trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Ultimate user: means an individual who lawfully possesses a controlled substance for that individual's own use or for the use of a member of that individual's household or for administering to an animal owned by that individual or by a member of that individual's household. See Wisconsin Statutes 961.01
  • United States: includes the District of Columbia, the states, the commonwealth of Puerto Rico and the territories organized by congress. See Wisconsin Statutes 990.01
  • Vehicle: has the meaning given in s. See Wisconsin Statutes 961.01
  • verdict: The decision of a petit jury or a judge.
  • Village: means incorporated village. See Wisconsin Statutes 990.01
  • Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
  • Youth center: means any center that provides, on a regular basis, recreational, vocational, academic or social services activities for persons younger than 21 years old or for those persons and their families. See Wisconsin Statutes 961.01