(608) 266-8005
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Grants for Preschool Through Grade 5 Programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This rule change will eliminate ch.
PI 29, the rule chapter for the Grants for Preschool Through Grade 5 Programs.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2011 Wisconsin Act 32 eliminated the Grants for Preschool to Grade 5 Programs under s.
115.45, Stats. Since there is no longer any statutory authority for the program, the rules are no longer necessary. Thus, this rule change will eliminate ch.
PI 29.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to delete the rule language itself will be minimal. However, the time necessary to guide the rule through the rulemaking process will be more significant.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since the statutory authority for this program has already been rescinded.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Contact Person
Bureau for Policy and Budget, Attn: Katie Schumacher
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Additions to schedules in Chapter
961, Wis. Stats.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective is the bring the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats., into conformity with the federal Controlled Substances Act.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently Wisconsin has not scheduled include the following substances:
•
Schedule I: 2C-C; 2C-D; 2C-E; 2C-H; 2C-I; 2C-N; 2C-P; 2C-T-2; 2C-T-4; AM2201; AM694; JWH-019; JWH-122; JWH-203; JWH-398; SR-18 and RCS-8; SR-19 and RCS-4; and Methylone, 3,4-methylenedioxy-N-methylcathinone, bk-MDMA.
•
Schedule II: 4-Anilino-N-phenethyl-4-piperidine (also known as ANPP); Oripavine; and Tapentadol.
•
Schedule III: 19-Nor-4,9(10)-androstadienedione; Boldione; and Desoxymethyltestosterone.
•
Schedule IV: Carisoprodol and Zopiclone.
•
Schedule V: Ezogabine or any of its salts, isomers, or salts of isomers; and Pregabalin or any of its salts, isomers, or salts of isomers.
The addition of these substances in the Wisconsin Controlled Substances Act will create conformity with the federal Controlled Substances Act.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
961.11 (1), Wis Stats. The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss.
961.14,
961.16,
961.18,
961.20, and
961.22 pursuant to the rule-making procedures in ch.
227.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Police, state courts, pharmacies, and the Controlled Substances Board.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Drug Enforcement Administration (DEA) has scheduled these substances under the federal Controlled Substances Act.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
None to minimal.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 29, 2013.
Rule No.
Relating to
Additions to schedules in Chapter
961, Wis. Stats.
Rule Type
Both Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The Brown County District Attorney's office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning a controlled substance analog. UR-144, XLR11, and AKB48 are pharmacologically similar to Schedule I substances THC and JWH-018. By sharing pharmacological similarities with the Schedule I substances, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. UR-144, XLR11, and AKB48 are being marketed as “legal" alternatives to marijuana. This characterization (and the reputation as potent herbal intoxicants) has increased their popularity and prevalence.
The Controlled Substances Board finds that scheduling of UR-144, XLR11, and AKB48 on an emergency basis is necessary to avoid an imminent hazard to the public safety. The substances are not included in any other schedule and no exemption or approval is in effect for the substance under
21 USC 355.
The U.S. Department of Justice Drug Enforcement Administration published on April 12, 2013, a Notice of Intent to Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cannabinoids into Schedule I.
2. Detailed Description of the Objective of the Proposed Rule
The objective is to schedule UR-144, XLR11, and AKB48 as Schedule I controlled substances.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently Wisconsin has not scheduled UR-144, XLR11, and AKB48 as Schedule I controlled substances. UR-144, XLR 11, and AKB48 are synthetic cannabinoids on the designer drug market. They have been found laced on plant material and marketed under the guise of herbal incense products. In response to State and Federal control of JWH-018, a transition to new synthetic cannabinoids has been observed. UR-144, XLR11, and AKB48 are structurally related to other synthetic cannabinoids with a core indole structure with JWH-018. Behavioral pharmacology studies show UR-144, XLR 11, and AKB48 are similar to THC and various synthetic cannabinoids which are Schedule I substances. Poison control centers continue to report adverse health effects in response to the abuse of herbal incense products and this abuse is both a public health and safety concern.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 961.11 (1). The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss.
961.14,
961.16,
961.18,
961.20, and
961.22, Wis. Stats., pursuant to the rule-making procedures of ch.
227, Stats.
Section 961.11 (4m). The controlled substances board, by rule and without regard to the requirements of sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under
21 USC 355. Upon receipt of notice under s.
961.25, Stats., the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under sub. (1m) (d), (e), and (f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule-making proceeding under subs. (1), (1m), (1r), and (2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule-making proceeding initiated under subs. (1), (1m), (1r), and (2)
with respect to the substance.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Law enforcement, district attorney offices, Department of Justice, state courts, and the Controlled Substances Board.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
UR-144, XLR11, and AKB48 are not currently scheduled under the Controlled Substances Act. However, they may be treated as a “controlled substance analog" under the Controlled Substances Act.
The U.S. Department of Justice Drug Enforcement Administration published on April 12, 2013, a Notice of Intent to Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cannabinoids into Schedule I.
