Wisconsin Statutory Elements and Consequences
Chapter 450 Pharmacy Examining Board
The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.
Table of contents
- § 450.11(7)(a) Obtaining a prescription drug by fraud
- § 450.11(7)(g) Possession of a prescription drug with intent to deliver
- § 450.11(7)(h) Possession of a prescription drug without a valid prescription
§ 450.11(7)(a) Obtaining a prescription drug by fraud
Summary
To be guilty of this offense, the prosecution must prove that the defendant either obtained or attempted to obtain a prescription drug, or procured or attempted to procure the administration of a prescription drug. Additionally, the prosecution must prove that the defendant did so by one of the following means: fraud, deceit, or willful misrepresentation; forgery or alteration of a prescription order; willful concealment of a material fact; or use of a false name or address.
Elements of the Offense
- Obtain or Attempt to Obtain a Prescription Drug:
- The defendant obtains or attempts to obtain a prescription drug.
- Alternatively, the defendant procures or attempts to procure the administration of a prescription drug.
- Knowledge: The defendant knows or believes that the substance is a prescription drug.
- Method of Obtaining:
- The defendant uses fraud, deceit, or willful misrepresentation.
- Alternatively, the defendant uses forgery or alteration of a prescription order.
- Alternatively, the defendant engages in willful concealment of a material fact.
- Alternatively, the defendant uses a false name or address.
Jury Instruction
§ 450.11(7)(g) Possession of a prescription drug with intent to deliver
Summary
To be guilty of this offense, the prosecution must prove that the defendant possessed a prescription drug, had the intent to manufacture or deliver the prescription drug, and that the possession with intent to manufacture or deliver was unauthorized by the chapter.
Elements of the Offense
- Possession: The defendant must possess a prescription drug.
- Knowledge: The defendant knows or believes that the substance is a prescription drug.
- Intent to Manufacture or Deliver: The defendant must have the intent to manufacture or deliver the prescription drug.
- Lack of Authorization: The possession, with intent to manufacture or deliver, must be unauthorized by the chapter.
Jury Instruction
§ 450.11(7)(h) Possession of a prescription drug without a valid prescription
Summary
To be guilty of this offense, the prosecution must prove that the defendant was a person who possessed a prescription drug, that the prescription drug was not obtained in compliance with this section, and that the possession was not covered by the exceptions provided in sub. (1i)(b).
Elements of the Offense
- Possession: The defendant must possess a prescription drug.
- Knowledge: The defendant knows or believes that the substance is a prescription drug.
- Non-Compliance: The prescription drug is not dispensed to the defendant upon a prescription order issued by a practitioner.
Jury Instruction
Updated December 2024