The definition of “ restricted controlled substance” under Wis. Stat. § 340.01(50m) includes Schedule I substances. Wisconsin statutes § 346.63(1)(am) prohibits a person from driving or operating a motor vehicle with any detectable amount of “restricted controlled substance” in his or her blood, which now includes “synthetic cannabinoids.”
Furthermore, possession of a synthetic cannabinoid is now punishable by a fine up to $1,000, six months in prison, or both. A second or subsequent offense is a Class I felony. Manufacture, distribution, or delivery of a synthetic cannabinoid, or possession with intent to distribute or deliver is guilty of a Class H felony. A city, village, town, or county may also pass an ordinance providing a forfeiture for first violation possession.
