Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADMINISTER
The direct application of a controlled substance, whether
by injection, inhalation, ingestion or any other means, to the body
of a patient or research subject by:
(1)
A practitioner (or in his presence by his authorized agent);
or
(2)
The patient or research subject at the direction and in the
presence of the practitioner.
AGENT
An authorized person who acts on behalf of or at the direction
of a manufacturer, distributor or dispenser. It does not include a
common or contract carrier, public warehouseman or employee of the
carrier or warehouseman.
BUREAU
The Bureau of Narcotics and Dangerous Drugs, U.S. Department
of Justice, or its successor agency.
CLOSE PROXIMITY
Within 500 feet on a straight line commencing at the property
lines nearest to each other.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor in Schedules I to
V of Subchapter II of Wisconsin Statutes Chapter 961.
COUNTERFEIT SUBSTANCE
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.
DANGEROUS DRUG
One that is unsafe for use except under the supervision of
a practitioner because of its toxicity or other potentiality for human
effect, method of use, or collateral measures necessary to use; "dangerous
drug" shall include all other drugs or compounds, preparations or
mixtures thereof which the State Department of Health Services shall
find and declare by rule or regulation duly promulgated after reasonable
public notice and opportunity for hearing to have a dangerous hallucinogenic,
hypnotic, somnifacient or stimulating effect of the body of a human
or animal. For the purposes of this definition, the phrase "intended
for use" shall refer to the intent of the person selling, offering
to sell, dispensing, giving away or displaying the instrument herein
defined.
DELIVER or DELIVERY
The actual, constructive or attempted transfer from one person
to another of a controlled substance, whether or not there is any
agency relationship.
DISPENSE
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.
DISTRIBUTE
To deliver other than by administering or dispensing a controlled
substance.
DRUG
(1)
Substances recognized as drugs in the Official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States
or Official National Formulary or any supplement to any of them;
(2)
Substances intended for use in diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals;
(3)
Substances, other than food, intended to affect the structure
or any function of the body of man or animals; and
(4)
Substances intended for use as a component of any article specified in Subsection
(1),
(2) or
(3) of this definition. It does not include devices or their components, parts or accessories.
IMMEDIATE PRECURSOR
A substance which the Controlled Substance 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.
INSTRUMENT
A device designated for use or intended for use in ingesting,
smoking, administering or preparing marijuana, cocaine, phencycledine,
opium, or any derivative thereof, or any other controlled substance.
MANUFACTURE
The production, preparation, propagation, compounding, conversion
or processing of a controlled substance, either directly or indirectly,
by extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging of the substance
or labeling or relabeling of its container, except that this term
does not include the preparation or compounding of a controlled substance
by an individual for his own use or the preparation, compounding,
packaging or labeling of a controlled substance:
(1)
By a practitioner as an incident to his administering or dispensing
of a controlled substance in the course of his professional practice;
or
(2)
By a practitioner, or by his authorized agent under his supervision,
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale.
MARIJUANA
All parts of the plant Cannabis Sativa L., 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. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks (except
the resin extracted therefrom), fiber oil or cake or the sterilized
seed of the plant which is incapable of germination.
MINOR
Any person who has not attained 18 years of age.
NARCOTIC DRUG
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:
(1)
Opium and opiate, and any salt, compound, derivative or preparation
of opium or opiate.
(2)
Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in Subsection
(1) of this definition, but not including the isoquinoline alkaloids of opium.
(3)
Opium poppy and poppy straw.
OPIATE
Any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into
a drug having addiction-forming or addiction-sustaining liability.
It does not include, unless specifically designated as controlled
under § 961.11, Wis. Stats., the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.
OPIUM POPPY
The plant of the species Papaver Somniferum L., except its
seeds.
PATIENT
As the case may be:
(1)
The individual for whom a drug is prescribed or to whom a drug
is administered; or
(2)
The owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided that the prescribing or administering referred to in Subsection
(1) and this subsection is in good faith and in the course of professional practice only.
PERSON
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership or association
or any other legal entity.
PLACE OF DISPLAY
Any museum, library, school or other similar public place
upon which business is not transacted for a profit.
POPPY STRAW
All parts, except the seeds, of the opium poppy, after mowing.
PRACTITIONER
(1)
A physician, dentist, veterinarian, podiatrist, scientific investigator
or other person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research in this
state.
(2)
A pharmacy, hospital or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with
respect to or administer a controlled substance in the course of professional
practice or research in this state.
PREMISES
A business establishment and the structure of which it is
a part and facilities and appurtenances therein and grounds, areas
and facilities held out for the use of patrons.
PREMISES OPEN TO MINORS
Any business establishment which sells its wares or merchandise
to minors or which permits minors to enter into its place of business.
PRESCRIPTION
A written order, and in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his professional
practice to a pharmacist for a drug for a particular patient, which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of the
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of such practitioner.
PRODUCTION
Includes the manufacture, planting, cultivation, growing,
or harvesting of a controlled substance.
SCHOOL
Any public or private elementary, junior high, or high school.
SIMULATED DRUGS and SIMULATED CONTROLLED SUBSTANCES
Any products which identify themselves by using a common
name or slang term associated with a controlled substance or indicate
by label or accompanying promotional material that the product simulates
the effect of a controlled substance or drug.
ULTIMATE USER
A person who lawfully possesses a controlled substance for
his own use or for the use of a member of his household or for administering
to an animal owned by him or by a member of his household.
WAREHOUSEMAN
A person who, in the usual course of business, stores drugs
for others lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
WHOLESALER
A person engaged in the business of distributing drugs to
persons included in any of the classes named above.