Wisconsin § 961.01 - Definitions.

§ 961.01. Definitions.

As used in this chapter: 961.01(1g) (1g) “1,4-butanediol” means 1,4-butanediol as packaged, marketed, manufactured, or promoted for human consumption, but does not include 1,4-butanediol intended for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes. 961.01(1r) (1r) “Administer”, unless the context otherwise requires, means to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: 961.01(1r)(a) (a) A practitioner or, in the practitioner’s presence, by the practitioner’s authorized agent; or 961.01(1r)(b) (b) The patient or research subject at the direction and in the presence of the practitioner. 961.01(2) (2) “Agent”, unless the context otherwise requires, means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. “Agent” does not include a common or contract carrier, public warehouse keeper or employee of the carrier or warehouse keeper while acting in the usual and lawful course of the carrier’s or warehouse keeper’s business. 961.01(2m) (2m) 961.01(2m)(a) (a) “Anabolic steroid” means any drug or hormonal substance, chemically or pharmacologically related to testosterone, except estrogens, progestin, and corticosteroids, that promotes muscle growth. The term includes all of the substances included in s. 961.18 (7) , and any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible within the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth. 961.01(2m)(b) (b) Except as provided in par. (c) , the term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States Secretary of Health and Human Services for such administration. 961.01(2m)(c) (c) If a person prescribes, dispenses or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of par. (a) . 961.01(3r) (3r) “Cannabidiol product” means a derivative or extract of the plant Cannabis sativa L. that contains cannabidiol and a delta-9-tetrahydrocannabinol concentration at a level without a psychoactive effect. 961.01(4) (4) “Controlled substance” means a drug, substance or immediate precursor included in schedules I to V of subch. II . 961.01(4m) (4m) 961.01(4m)(a) (a) “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: 961.01(4m)(a)1. 1. Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or 961.01(4m)(a)2. 2. With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II. 961.01(4m)(b) (b) “Controlled substance analog” does not include: 961.01(4m)(b)1. 1. A controlled substance; 961.01(4m)(b)2. 2. A substance for which there is an approved new drug application; 961.01(4m)(b)3. 3. A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355 to the extent that conduct with respect to the substance is permitted by the exemption; or 961.01(4m)(b)4. 4. Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance. 961.01(5) (5) “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. 961.01(6) (6) “Deliver” or “delivery”, unless the context otherwise requires, means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is any agency relationship. 961.01(7) (7) “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. 961.01(8) (8) “Dispenser” means a practitioner who dispenses. 961.01(9) (9) “Distribute” means to deliver other than by administering or dispensing a controlled substance or controlled substance analog. 961.01(10) (10) “Distributor” means a person who distributes. 961.01(10m) (10m) “Diversion” means the transfer of any controlled substance from a licit to an illicit channel of distribution or use. 961.01(11) (11) 961.01(11)(a) (a) “Drug” means any of the following: 961.01(11)(a)1. 1. A substance recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them. 961.01(11)(a)2. 2. A substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals. 961.01(11)(a)3. 3. A substance, other than food, intended to affect the structure or any function of the body of humans or animals. 961.01(11)(a)4. 4. A substance intended for use as a component of any article specified in subd. 1. , 2. or 3. 961.01(11)(b) (b) “Drug” does not include devices or their components, parts or accessories. 961.01(11m) (11m) “Drug enforcement administration” means the drug enforcement administration of the U.S. department of justice or its successor agency. 961.01(11s) (11s) “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. 961.01(11t) (11t) “Ephedrine product” means any material, compound, mixture, or preparation that contains any quantity of ephedrine or any of its salts, isomers, and salts of isomers. 961.01(12) (12) “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. 961.01(12g) (12g) “Isomer” means an optical isomer, but in s. 961.16 (2) (b) 1. “isomer” includes any geometric isomer, and in ss. 961.14 (2) (nd) and (4) and 961.18 (2m) “isomer” includes any positional or geometric isomer. 961.01(12m) (12m) “Jail or correctional facility” means any of the following: 961.01(12m)(a) (a) A Type 1 prison, as defined in s. 301.01 (5) . 961.01(12m)(b) (b) A jail, as defined in s.