HB 11: "An Act relating to controlled substances and to the possession and distribution of certain chemicals; and providing for an effective date."
00HOUSE BILL NO. 11 01 "An Act relating to controlled substances and to the possession and distribution 02 of certain chemicals; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71 is amended by adding new sections to article 1 to read: 05 Sec. 11.71.085. Misconduct involving a listed chemical in the first degree. 06 (a) Except as authorized in AS 17.30, a person commits the crime of misconduct 07 involving a listed chemical in the first degree if the person possesses a list I or II 08 chemical with the intent to manufacture a schedule IA controlled substance. 09 (b) Misconduct involving a listed chemical in the first degree is a class A 10 felony. 11 Sec. 11.71.090. Misconduct involving a listed chemical in the second 12 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 13 misconduct involving a listed chemical in the second degree if the person possesses 14 a list I or II chemical with the intent to manufacture a schedule IIA or IIIA controlled
01 substance. 02 (b) Misconduct involving a listed chemical in the second degree is a class B 03 felony. 04 Sec. 11.71.095. Misconduct involving a listed chemical in the third degree. 05 (a) Except as authorized in AS 17.30, a person commits the crime of misconduct 06 involving a listed chemical in the third degree if the person possesses a list I or II 07 chemical with the intent to manufacture a schedule IVA, VA, or VIA controlled 08 substance. 09 (b) Misconduct involving a listed chemical in the third degree is a class C 10 felony. 11 * Sec. 2. AS 11.71.195 is amended to read: 12 Sec. 11.71.195. Exempted drugs. A substance , other than a list I or II 13 chemical, the manufacture, distribution, dispensing, or possession of which is explicitly 14 exempt from criminal penalty under federal law is exempt from the application of this 15 chapter and AS 17.30. This exemption includes any substances that [WHICH] may, 16 under 21 U.S.C. 301-392 (Food, Drug, and Cosmetic Act), be lawfully sold over the 17 counter without a prescription. This exemption also includes those substances listed 18 in 21 C.F.R. Sec. 1308.22 on April 1, 1980. 19 * Sec. 3. AS 11.71 is amended by adding a new section to article 2 to read: 20 Sec. 11.71.200. Listed chemicals. (a) List I chemicals include 21 (1) anthranilic acid, its esters, and its salts; 22 (2) benzaldehyde; 23 (3) benzyl cyanide; 24 (4) ephedrine, its salts, optical isomers, and salts of optical isomers; 25 (5) ergonovine and its salts; 26 (6) ergotamine and its salts; 27 (7) N-acetylanthranilic acid, its esters, and its salts; 28 (8) nitroethane; 29 (9) norpseudoephedrine, its salts, optical isomers, and salts of optical 30 isomers; 31 (10) phenylacetic acid, its esters, and its salts;
01 (11) phenylpropanolamine, its salts, optical isomers, and salts of optical 02 isomers; 03 (12) piperidine and its salts; 04 (13) pseudoephedrine, its salts, optical isomers, and salts of optical 05 isomers; 06 (14) 3,4-methylenedioxyphenyl-2-propanone; 07 (15) any salt, optical isomer, or salt of an optical isomer of the 08 following chemicals: 09 (A) ethylamine; 10 (B) hydriodic acid; 11 (C) isosafrole; 12 (D) methylamine; 13 (E) N-methylephedrine; 14 (F) N-methylpseudoephedrine; 15 (G) piperonal; 16 (H) propionic anhydride; 17 (I) safrole. 18 (b) List II chemicals include 19 (1) acetic anhydride; 20 (2) acetone; 21 (3) benzyl chloride; 22 (4) ethyl ether; 23 (5) hydrochloric gas; 24 (6) iodine; 25 (7) potassium permanganate; 26 (8) toluene; 27 (9) 2-butanone (or methyl ethyl ketone). 28 * Sec. 4. AS 11.71.900 is amended by adding new paragraphs to read: 29 (31) "list I chemical" means a chemical included in the list in 30 AS 11.71.200(a); 31 (32) "list II chemical" means a chemical included in the list in
01 AS 11.71.200(b). 02 * Sec. 5. AS 17.30 is amended by adding a new section to article 1 to read: 03 Sec. 17.30.090. Reporting of distribution and possession of listed chemicals. 04 (a) A person may not knowingly 05 (1) deliver, dispense, or distribute in this state a listed chemical in an 06 amount or quantity set by regulation by the commissioner of public safety unless the 07 person 08 (A) receives positive identification of the person to whom the 09 chemical is being delivered, dispensed, or distributed by picture identification 10 or otherwise; and 11 (B) within 24 hours of the delivery, dispensing, or distribution, 12 reports to the commissioner of public safety on a form provided by the 13 commissioner the name, address, and telephone number of the person to whom 14 the delivery, dispensing, or distribution is made, the name of the chemical and 15 the quantity delivered, dispensed, or distributed, and other information required 16 by the commissioner by regulation; 17 (2) possess a listed chemical in this state in an amount or quantity set 18 by regulation of the commissioner of public safety unless the person, within 24 hours 19 of receiving or taking possession of the listed chemical, reports to the commissioner 20 of public safety on a form provided by the commissioner the person's name, address, 21 and telephone number, the name of the chemical, the quantity received or otherwise 22 possessed, and other information the commissioner may require by regulation. 23 (b) In this section, "listed chemical" means a list I chemical or a list II 24 chemical as defined in AS 11.71.900. 25 (c) A person who violates this section is guilty of a class A misdemeanor and 26 may be punished as provided in AS 12.55. 27 * Sec. 6. Notwithstanding the effective date of sec. 5 of this Act, the commissioner of 28 public safety may proceed to adopt regulations before the effective date of sec. 5 of this Act 29 to implement sec. 5 of this Act. The regulations take effect under AS 44.62 (Administrative 30 Procedure Act), but not before the effective date of sec. 5 of this Act. 31 * Sec. 7. Notwithstanding sec. 5 of this Act, a person who receives or takes possession of
01 a listed chemical before the effective date of sec. 5 of this Act and who possesses on the 02 effective date of sec. 5 of this Act the listed chemical in an amount or quantity set by the 03 commissioner of public safety under sec. 6 of this Act shall report that possession to the 04 commissioner within 30 days of the effective date of sec. 5 of this Act. In this section, "listed 05 chemical" has the meaning given in AS 17.30.090(b). 06 * Sec. 8. Section 6 of this Act takes effect immediately under AS 01.10.070(c).