HB 337: "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers."
00HOUSE BILL NO. 337 01 "An Act relating to the possession of controlled substances within 500 feet of 02 recreation and youth centers." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71.030(a) is amended to read: 05 (a) Except as authorized in AS 17.30, a person commits the crime of 06 misconduct involving a controlled substance in the third degree if the person 07 (1) manufactures or delivers any amount of a schedule IIA or IIIA 08 controlled substance or possesses any amount of a schedule IIA or IIIA controlled 09 substance with intent to manufacture or deliver; 10 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 11 substance to a person under 19 years of age who is at least three years younger than 12 the person delivering the substance; or 13 (3) possesses any amount of a schedule IA or IIA controlled substance 14 (A) with reckless disregard that the possession occurs
01 (i) on or within 500 feet of school grounds; or 02 (ii) at or within 500 feet of a recreation or youth 03 center; or 04 (B) on a school bus. 05 * Sec. 2. AS 11.71.030(b) is amended to read: 06 (b) It is an affirmative defense to a prosecution under (a)(3)(A) of this section 07 that the prohibited conduct took place entirely within a private residence located within 08 500 feet of the school grounds or recreation or youth center, and that the prohibited 09 conduct did not involve distributing, dispensing, or possessing with the intent to 10 distribute or dispense a controlled substance for profit. Nothing in this subsection 11 precludes a prosecution under any other provision of this section or any other section 12 of this chapter. 13 * Sec. 3. AS 11.71.040(a) is amended to read: 14 (a) Except as authorized in AS 17.30, a person commits the crime of 15 misconduct involving a controlled substance in the fourth degree if the person 16 (1) manufactures or delivers any amount of a schedule IVA or VA 17 controlled substance or possesses any amount of a schedule IVA or VA controlled 18 substance with intent to manufacture or deliver; 19 (2) manufactures or delivers, or possesses with the intent to 20 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 21 of an aggregate weight of one ounce or more containing a schedule VIA controlled 22 substance; 23 (3) possesses 24 (A) any amount of a schedule IA or IIA controlled substance; 25 (B) 25 or more tablets, ampules, or syrettes containing a 26 schedule IIIA or IVA controlled substance; 27 (C) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of three grams or more containing a 29 schedule IIIA or IVA controlled substance; 30 (D) 50 or more tablets, ampules, or syrettes containing a 31 schedule VA controlled substance;
01 (E) one or more preparations, compounds, mixtures, or 02 substances of an aggregate weight of six grams or more containing a schedule 03 VA controlled substance; or 04 (F) one or more preparations, compounds, mixtures, or 05 substances of an aggregate weight of one pound or more containing a schedule 06 VIA controlled substance; 07 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 08 (A) with reckless disregard that the possession occurs 09 (i) on or within 500 feet of school grounds; or 10 (ii) at or within 500 feet of a recreation or youth 11 center; or 12 (B) on a school bus; 13 (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, 14 building, vehicle, boat, aircraft, or other structure or place which is used for keeping 15 or distributing controlled substances in violation of a felony offense under this chapter 16 or AS 17.30; 17 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 18 thing which prints, imprints, or reproduces a trademark, trade name, or other 19 identifying mark, imprint, or device of another or any likeness of any of these upon 20 a drug, drug container, or labeling so as to render the drug a counterfeit substance; 21 (7) knowingly uses in the course of the manufacture or distribution of 22 a controlled substance a registration number which is fictitious, revoked, suspended, 23 or issued to another person; 24 (8) knowingly furnishes false or fraudulent information in or omits 25 material information from any application, report, record, or other document required 26 to be kept or filed under AS 17.30; 27 (9) obtains possession of a controlled substance by misrepresentation, 28 fraud, forgery, deception or subterfuge; or 29 (10) affixes a false or forged label to a package or other container 30 containing any controlled substance. 31 * Sec. 4. AS 11.71.040(b) is amended to read:
01 (b) It is an affirmative defense to a prosecution under (a)(4)(A) of this section 02 that the prohibited conduct took place entirely within a private residence located within 03 500 feet of the school grounds or recreation or youth center. Nothing in this 04 subsection precludes a prosecution under any other provision of this section or any 05 other section of this chapter. 06 * Sec. 5. AS 11.71.900 is amended by adding a new paragraph to read: 07 (30) "recreation or youth center" means a building, structure, athletic 08 playing field, or playground designed or utilized by a public or nonprofit entity to 09 provide athletic, recreational, or leisure activities for minors.