CSHB 3(JUD): "An Act relating to controlled substances and to the possession of certain chemicals."
00CS FOR HOUSE BILL NO. 3(JUD) 01 "An Act relating to controlled substances and to the possession of certain 02 chemicals." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71.020(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 second degree if the person 07 (1) manufactures or delivers any amount of a schedule IA controlled 08 substance or possesses any amount of a schedule IA controlled substance with intent 09 to manufacture or deliver ; 10 (2) manufactures any material, compound, mixture, or preparation 11 that contains 12 (A) methamphetamine, or its salts, isomers, or salts of 13 isomers; or 14 (B) an immediate precursor of methamphetamine, or its
01 salts, isomers, or salts of isomers; 02 (3) possesses an immediate precursor of methamphetamine, or the 03 salts, isomers, or salts of isomers of the immediate precursor of 04 methamphetamine, with the intent to manufacture any material compound, 05 mixture, or preparation that contains methamphetamine, or its salts, isomers, or 06 salts of isomers; or 07 (4) possesses a listed chemical with intent to manufacture any 08 material, compound, mixture, or preparation that contains 09 (A) methamphetamine, or its salts, isomers, or salts of 10 isomers; or 11 (B) an immediate precursor of methamphetamine, or its 12 salts, isomers, or salts of isomer . 13 * Sec. 2. AS 11.71.020 is amended by adding a new subsection to read: 14 (c) In this section, "listed chemical" means a chemical described under 15 AS 11.71.200. 16 * Sec. 3. AS 11.71.030(a) is amended to read: 17 (a) Except as authorized in AS 17.30, a person commits the crime of 18 misconduct involving a controlled substance in the third degree if the person 19 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - 20 (4), manufactures or delivers any amount of a schedule IIA or IIIA controlled 21 substance or possesses any amount of a schedule IIA or IIIA controlled substance with 22 intent to manufacture or deliver; 23 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 24 substance to a person under 19 years of age who is at least three years younger than 25 the person delivering the substance; or 26 (3) possesses any amount of a schedule IA or IIA controlled substance 27 (A) with reckless disregard that the possession occurs 28 (i) on or within 500 feet of school grounds; or 29 (ii) at or within 500 feet of a recreation or youth center; 30 or 31 (B) on a school bus.
01 * Sec. 4. AS 11.71.195 is amended to read: 02 Sec. 11.71.195. Exempted drugs. Except as otherwise provided in this 03 chapter, a [A] substance the manufacture, distribution, dispensing, or possession of 04 which is explicitly exempt from criminal penalty under federal law is exempt from the 05 application of this chapter and AS 17.30. This exemption includes any substances that 06 [WHICH] may, under 21 U.S.C. 301-392 (Food, Drug, and Cosmetic Act), be lawfully 07 sold over the counter without a prescription. This exemption also includes those 08 substances listed in 21 C.F.R. Sec. 1308.22 on April 1, 1980. 09 * Sec. 5. AS 11.71 is amended by adding a new section to article 2 to read: 10 Sec. 11.71.200. Listed chemicals. Listed chemicals are chemicals that are 11 used in manufacturing a controlled substance in violation of AS 11.71. Listed 12 chemicals include 13 (1) anthranilic acid, its esters, and its salts; 14 (2) benzaldehyde; 15 (3) benzyl cyanide; 16 (4) ephedrine, its salts, optical isomers, and salts of optical isomers; 17 (5) ergonovine and its salts; 18 (6) ergotamine and its salts; 19 (7) N-acetylanthranilic acid, its esters, and its salts; 20 (8) nitroethane; 21 (9) norpseudoephedrine, its salts, optical isomers, and salts of optical 22 isomers; 23 (10) phenylacetic acid, its esters, and its salts; 24 (11) phenylpropanolamine, its salts, optical isomers, and salts of optical 25 isomers; 26 (12) piperidine and its salts; 27 (13) pseudoephedrine, its salts, optical isomers, and salts of optical 28 isomers; 29 (14) 3,4-methylenedioxyphenyl-2-propanone; 30 (15) any salt, optical isomer, or salt of an optical isomer of the 31 following chemicals:
01 (A) ethylamine; 02 (B) hydriodic acid; 03 (C) isosafrole; 04 (D) methylamine; 05 (E) N-methylephedrine; 06 (F) N-methylpseudoephedrine; 07 (G) piperonal; 08 (H) propionic anhydride; 09 (I) safrole; 10 (16) acetic anhydride; 11 (17) acetone; 12 (18) anhydrous ammonia; 13 (19) benzyl chloride; 14 (20) ethyl ether; 15 (21) hydriotic acid; 16 (22) hydrochloric gas; 17 (23) hydrophosphoric acid; 18 (24) iodine and crystal iodine; 19 (25) lithium metal; 20 (26) potassium permanganate; 21 (27) red phosphorous; 22 (28) toluene; 23 (29) 2-butanone (or methyl ethyl ketone).