Wisconsin Law Updates

April 26, 2016:  2015 Senate Bill 455 signed into law reclassifying all OWI 4th offenses as a class H felony.

July 15, 2014:  The Wisconsin Supreme Court holds that Wis. Stat. § 346.65(2)(am)6 mandates a minimum three year period of initial confinement in prison for OWI 7th, 8th, and 9th convictions.  Previously some courts interpreted the statute to require either a probationary sentence or a minimum three year prison sentence.   State v. Williams, 2014 WI 64

April 24, 2014:  The Wisconsin Legislature schedules numerous synthetic cannabinoids, cathinones, and synthetic hallucinogens. 
In a wide sweeping amendment to the controlled substances code, the legislature has scheduled classes of chemical compounds as well as many specific compounds including over 50 specific synthetic cannabinoids, several NBOMe compounds, methoxetamine, Salvorin A, 5-APB, 6-APB, 5-APBD, 6-APBD, MDAI, DOC, DOI, 5-Meo-DALT, and several hallucinogenic phenethylamine compounds that have previously been scheduled federally.  2013 Wisconsin Act 351 

January 29, 2014:  The Wisconsin Court of Appeals rules that the ignition interlock device requirement is mandatory for a second OWI 1st conviction:

January 28, 2014:  The DEA files notice of intent for emergency scheduling of ten synthetic cathinones, to be included in Schedule I. 
The scheduling order is to go into effect no earlier than February 27, include the following drugs:

(1) 4-methyl-N-ethylcathinone (“4-MEC”);
(2) 4-methyl-alpha-pyrrolidinopropiophenone (“4-MePPP”);
(3) alpha-pyrrolidinopentiophenone (“α-PVP”);
(4) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (“butylone”);
(5) 2-(methylamino)-1-phenylpentan-1-one (“pentedrone”);
(6) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (“pentylone”);
(7) 4-fluoro-N-methylcathinone (“4-FMC”);
(8) 3-fluoro-N-methylcathinone (“3-FMC”);
(9) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (“naphyrone”);
(10) alpha-pyrrolidinobutiophenone (“α-PBP”).

4-ethylmethcathinone ("4-EMC") would also become a Schedule I drug under this scheduling, as a positional isomer of 4-MEC.

July 9, 2012, New Federal Law Scheduling many synthetic drugs/ "research chemicals":  Numerous synthetic cannabinoids, hallucinogens and a couple stimulants were scheduled under section D. of the Food and Drug Administration Safety and Innovation Act:

(a) Cannabimimetic Agents- Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following:

 (d)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

 (2) In paragraph (1):

 (A) The term ‘cannabimimetic agents’ means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes:

 (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.

(ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.

(iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.

(iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.

(v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.


(B) Such term includes--

(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

‘(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);

(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);

(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073);

(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);

(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

(vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);

(viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);

(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);

(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);

(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);

(xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);

(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);

(xiv) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); and

(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203)


(B) Other Drugs- Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended in subsection (c) by adding at the end the following:

 (18) 4-methylmethcathinone (Mephedrone).

 (19) 3,4-methylenedioxypyrovalerone (MDPV).

 (20) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).

(21) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).

(22) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).

(23) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).

(24) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).

(25) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).

(26) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).

(27) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).

(28) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).


November 1, 2011, New State Firearm Law
:  Wisconsin's new concealed hand gun law, 2011 Act 35,  will go in to effect November 1, 2011. The Wisconsin Department has produced a summary of the law answering many questions about how the new law will be applied. Further information can be found on the Wisconsin Department of Justice website.

July 12, 2011, State Drug Law:  Wisconsin has included several synthetic cannabinoids and a few other drugs to the list of schedule I compounds in addition to giving the Wisconsin Controlled Substances Board the authority to add more synthetic cannabinoids to the schedules (a measure that will allow for much quicker scheduling in the future).  2011 Act 31 adds the following substances to the list of Schedule I drugs: Cannabicyclohexonal, CP47,497 and homologues, HU-210, JWH-018, JWH-073, JWH-081, JWH-200, JWH-250, 2C-I, 4-methoxyamphetamine (PMA), MDPV, and 4-methylmethcathinone ("mephedrone").First offense possession of a scheduled synthetic cannabinoid is a misdemeanor offense, punishable by up to six months incarceration and a fine of $1,000. First offense possession of MDPV or mephedrone is a misdemeanor punishable by up to one year incarceration and a fine of $5,000. Possession of a synthetic cannabinoid or newly scheduled cathinone stimulant with a prior conviction for any drug crime (the prior offense may be any crime under the Wisconsin's Uniform Controlled Substances Act) constitutes a class I felony. The synthetic cathinone stimulant "methylone" has also been added to the list of Schedule I drugs federally as of October 21, 2011.  


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