Wisconsin Statutes 941.316 – Abuse of hazardous substance
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class I felony | up to 3 years 6 months | up to $10,000 |
| Class A misdemeanor | up to 9 months | up to $10,000 |
Terms Used In Wisconsin Statutes 941.316
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Abuse” means to ingest, inhale, or otherwise introduce into the human body a hazardous substance in a manner that does not comply with any cautionary labeling that is required for the hazardous substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the hazardous substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.
(b) “Distribute” means to transfer a hazardous substance from one person to another.
(c) “Hazardous substance” has the meaning given in s. 100.37 (1) (c). “Hazardous substance” also includes any substance or mixture of substances that has the capacity to produce personal injury or illness to a person who abuses the substance and includes any household product, as defined in s. 941.327 (1) (e), or any mixture of household products, as defined in s. 941.327 (1) (e).
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Possesses a hazardous substance with the intent to abuse the hazardous substance.
(b) Intentionally abuses a hazardous substance.
(3) Whoever distributes, or possesses with intent to distribute, a hazardous substance, knowing or having reason to know that the hazardous substance will be abused, is guilty of a Class I felony.
(4) Subsection (2) does not apply to a person who possesses or uses the hazardous substance if the substance is obtained from, or pursuant to a valid prescription or order of, a practitioner, as defined in s. 961.01 (19), while acting in the course of professional practice.
(5) Subsection (3) does not apply to a person who distributes a hazardous substance in an ordinary course of business.