2011 Wisconsin Code
Chapter 961. Uniform controlled substances act.
961.335 Special use authorization.

961.335

961.335 Special use authorization.

961.335(1)

(1) Upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis or other special uses, without restriction because of enumeration. No person shall engage in any such activity without a permit issued under this section, except that an individual may be designated and authorized to receive the permit for a college or university department, research unit or similar administrative organizational unit and students, laboratory technicians, research specialists or chemical analysts under his or her supervision may be permitted possession and use of controlled substances for these purposes without obtaining an individual permit.

961.335(2)

(2) A permit issued under this section shall be valid for one year from the date of issue.

961.335(3)

(3) The fee for a permit under this section shall be an amount determined by the controlled substances board but shall not exceed $25. No fee may be charged for permits issued to employees of state agencies or institutions.

961.335(4)

(4) Permits issued under this section shall be effective only for and shall specify:

961.335(4)(a)

(a) The name and address of the permittee.

961.335(4)(b)

(b) The nature of the project authorized by the permit.

961.335(4)(c)

(c) The controlled substances to be used in the project, by name if included in schedule I, and by name or schedule if included in any other schedule.

961.335(4)(d)

(d) Whether dispensing to human subjects is authorized.

961.335(5)

(5) A permit shall be effective only for the person, substances and project specified on its face and for additional projects which derive directly from the stated project. Upon application, a valid permit may be amended to add a further activity or to add further substances or schedules to the project permitted thereunder. The fee for such amendment shall be determined by the controlled substances board but shall not exceed $5.

961.335(6)

(6) Persons who possess a valid permit issued under this section are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.

961.335(7)

(7) The controlled substances board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify or to identify to the board the individuals who are the subjects of research for which the authorization was obtained.

961.335(8)

(8) The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7), submissions of protocols, filing of applications and suspension or revocation of permits.

961.335(9)

(9) The controlled substances board may suspend or revoke a permit upon a finding that there is a violation of the rules of the board.

961.335 - ANNOT.

History: 1971 c. 219; 1975 c. 110, 199; 1977 c. 26; 1995 a. 448 s. 233; Stats. 1995 s. 961.335.