961.23 Dispensing of schedule V substances. The dispensing of schedule V substances is subject to the following conditions:

(1) They may be dispensed and sold only in good faith as a medicine and not for the purpose of evading this chapter.

(2) They may be sold at retail only by a pharmacist or, if the substance is a pseudoephedrine product, by a person who is working under the direction of a pharmacist when sold in a retail establishment. This subsection does not apply to a substance governed by s. 961.38 (4) (b).

(3) When sold in a retail establishment, they shall bear the name and address of the establishment on the immediate container of said preparation.

(4)

(a) Any person purchasing such a substance that is not a pseudoephedrine product shall, at the time of purchase, present to the seller that person's correct name and address. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and the seller shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

(b) Any person purchasing such a substance that is a pseudoephedrine product shall, at the time of purchase, present to the seller that person's correct name, address, and an identification card containing the person's photograph. The seller shall record the name, date of birth, and address of the purchaser; the name and quantity measured in grams of pseudoephedrine contained in the product purchased; the date and time purchased; the purchaser identification type and number, such as driver's license state and number; and the name of the seller or, if the pseudoephedrine product is being sold by a person who is not a pharmacist, the name of the pharmacist supervising the seller. The purchaser shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

(5) No person may purchase more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

(6) No person other than a physician, dentist, veterinarian, or pharmacist may purchase more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period without the authorization of a physician, dentist, or veterinarian.

(7) No person other than a physician, dentist, veterinarian, or pharmacist may possess more than 227 grams of a product containing opium or more than 113 grams of a product containing any other schedule V substance at any time without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

(8) No person may sell a pseudoephedrine product to a person under 18 years of age, and no person under 18 years of age may purchase a pseudoephedrine product.

History: 1971 c. 219; 1973 c. 12 s. 37; 1981 c. 206; 1993 a. 482; 1995 a. 448 s. 228; Stats. 1995 s. 961.23; 2005 a. 14, 262; 2011 a. 146; 2017 a. 25, 98, 364.