Wisconsin Statutes
Wis. Stat. § 961.16 (2026)
Schedule II
✓ current as of July 2026
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961.16961.16 Schedule II. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in schedule II:
961.16(2)(2) Substances of plant origin. Any material, compound, mixture or preparation which contains any quantity of any of the following substances in any form, including a substance contained in a plant, obtained from a plant, chemically synthesized or obtained by a combination of extraction from a plant and chemical synthesis:
961.16(2)(a)(a) Opium and substances derived from opium, and any salt, compound, derivative or preparation of opium or substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, naldemedine, nalmefene, naloxegol, naloxone, 6-beta-naltrexol, and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:
961.16(2)(a)1.1. Opium, including raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium and tincture of opium.
961.16(2)(a)3.3. Concentrate of poppy straw, which is the crude extract of poppy straw in either liquid, solid or powder form containing the phenanthrene alkaloids of the opium poppy.
961.16(2)(b)(b) Coca leaves and any salt, compound, derivative, or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. [123I]Ioflupane and [18 F]FP-CIT are excluded from this paragraph. The following substances and any of their salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:
961.16(3)(3) Synthetic opiates. Any material, compound, mixture or preparation which contains any quantity of any of the following synthetic opiates, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation:
961.16(5)(5) Stimulants. Any material, compound, mixture, or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
961.16(7)(7) Depressants. Any material, compound, mixture, or preparation which contains any quantity of any of the following substances having a depressant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:
961.16(8)(8) Immediate precursors. Any material, compound, mixture or preparation which contains any quantity of the following substances:
961.16(10)(a)(a) Dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution in a drug product approved by the U.S. food and drug administration.
961.16(10)(b)(b) Nabilone (another name for nabilone is (+)-trans-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
961.16 HistoryHistory: 1971 c. 219; 1981 c. 6, 206; 1989 a. 121; 1993 a. 98; 1995 a. 448 ss. 168 to 178, 473; Stats. 1995 s. 961.16; 2013 a. 351; 2015 a. 195 s. 83; 2017 a. 365 s. 111; ss. CSB 2.16, 2.17, 2.19, 2.21, 2.22, 2.25, 2.26, 2.35, 2.39, 2.40, 2.44, 2.54, 2.58, 2.69, 2.76, 2.80, 2.85, 2.90, 2.98, Wis. adm. code.
961.16 NoteNOTE: See 1979-80 stats. and 1993-94 stats. for notes on actions by the Controlled Substances Board under s. 161.11 (1), 1993 stats.
961.16 AnnotationAt a preliminary hearing, the state must show that a substance was probably l-cocaine rather than d-cocaine. State v. Russo, 101 Wis. 2d 206, 303 N.W.2d 846 (Ct. App. 1981).
961.16 AnnotationWisconsin’s definition of cocaine under sub. (2) (b) 1. includes any of its salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, but esters and salts of esters of cocaine simply do not exist as a matter of chemistry. United States v. Turner, 47 F.4th 509 (2022).
Notes of Decisions
Cited in 26
cases (3 in the last 5 years), 1999–2025 · leading case: State v. Roberson, 2006 WI 80 (Wis. 2006).
State v. Roberson, 2006 WI 80 (Wis. 2006). “Roberson ("Roberson") seeks review of a published decision by the court of appeals affirming both his judgment of conviction for delivery of a controlled substance (cocaine), in violation of Wis. Stat. §§ 961.16 (2)(b)(1), 961.41(1)(cm)(1) and 939.”
State v. Michael R. Luedtke, 2015 WI 42 (Wis. 2015). “Methadone is listed as a Schedule II controlled substance under Wis. Stat. § 961.16 (3)(r). 2 No. 2013AP1737-CR & 2013AP218-CR detectable amount of a restricted controlled substance (cocaine and its metabolite, benzoylecgonine2) in the blood, seventh, eighth, or ninth offense,…”
State v. Hughes, 2000 WI 24 (Wis. 2000). “Act 448, §§ 245 and 371 to Wis. Stat. §§ 961.16 (2)(b)1 and 961.41(1m)(cm)2, respectively.”
United States v. Danny Turner, 47 F.4th 509 (7th Cir. 2022). “” Wis. Stat. § 961.16 (2)(b). But fed‐ eral law covers those substances.”
State v. Cole, 2003 WI 59 (Wis. 2003). “2 See Wis. Stat. §§ 961.16 (2)(b)(1), 961.41(1)(cm)3.”
State v. Jacqueline R. Robinson, 2014 WI 35 (Wis. 2014). “See Wis. Stat. § 961.16 (2)(a)11 (2009-10). 6 All subsequent references to the Wisconsin Statutes are to the 2009-10 version unless otherwise indicated.”
State v. Casarez, 2008 WI App 166 (Wis. Ct. App. 2008). “Casarez appeals from a judgment entered after a jury found him guilty of possession with intent to deliver a controlled substance, cocaine (fifteen to forty grams), as party to a crime, second or subsequent offense, contrary to Wis. Stat. §§ 961.16 (2)(b)l., 961.41(lm)(cm)3.”
State v. Dukes, 2007 WI App 175 (Wis. Ct. App. 2007). “Dukes appeals from the judgment of conviction entered after a jury found him guilty of possession of a controlled substance, cocaine (more than 40 grams), with intent to deliver, as a party to the crime, while armed, contrary to Wis. Stat. §§ 961.16 (2)(b)l., 961.41(lm)(cm)4.”
State v. Horn, 594 N.W.2d 772 (Wis. 1999). “41(1)(cm) (1992-93) were renumbered as Wis. Stat. §§ 961.16 (2)(b)1 and 961.41(1)(cm) (1995-96).”
State v. House, 2007 WI 79 (Wis. 2007). “42 (Keeping a Place for Using, Manufacturing, Keeping or Delivering) for controlled substances including, but not limited to § 961.16(2)(b) (cocaine), § 961.14(4)(am) (.”
State v. Fortier, 2006 WI App 11 (Wis. Ct. App. 2005). “Fortier was charged with possession with intent to deliver a controlled substance, cocaine, contrary to Wis. Stat. §§ 961.16 (2)(b)(l) and 961.41(lm)(cm)(3) (1997-98).”
State v. Dennis Brantner, 2020 WI 21 (Wis. 2020). “According to Wis. Stat. § 961.16 (2)(a)11., the pills referenced in both Counts 1 and 3 were Schedule II narcotic drugs, which comprise (inter alia), "[a]ny material, compound, mixture or preparation which contains any quantity" of oxycodone.”
— Wis. Stat. § 961.16(2)(a) — 1 case
State v. Roberts, 925 N.W.2d 784 (Wis. Ct. App. 2018).
— Wis. Stat. § 961.16(2)(b) — 4 cases
State v. House, 2007 WI 79 (Wis. 2007). “42 (Keeping a Place for Using, Manufacturing, Keeping or Delivering) for controlled substances including, but not limited to § 961.16(2)(b) (cocaine), § 961.14(4)(am) (.”
State v. Casarez, 2008 WI App 166 (Wis. Ct. App. 2008). “Casarez appeals from a judgment entered after a jury found him guilty of possession with intent to deliver a controlled substance, cocaine (fifteen to forty grams), as party to a crime, second or subsequent offense, contrary to Wis. Stat. §§ 961.16 (2)(b)l., 961.41(lm)(cm)3.”
State v. Terry, 2000 WI App 250 (Wis. Ct. App. 2000).
Turner v. United States (W.D. Wis. 2023).
— Wis. Stat. § 961.16(2)(b)(1) — 1 case
State v. Fortier, 2006 WI App 11 (Wis. Ct. App. 2005). “Fortier was charged with possession with intent to deliver a controlled substance, cocaine, contrary to Wis. Stat. §§ 961.16 (2)(b)(l) and 961.41(lm)(cm)(3) (1997-98).”
— Wis. Stat. § 961.16(5)(b) — 1 case
State v. Walter L. Johnson (Wis. Ct. App. 2025).
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