HB 149: "An Act relating to further regulation of the sale, possession, and delivery of certain chemicals and precursors used in the manufacture of methamphetamine."
00 HOUSE BILL NO. 149 01 "An Act relating to further regulation of the sale, possession, and delivery of certain 02 chemicals and precursors used in the manufacture of methamphetamine." 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 that 11 contains 12 (A) methamphetamine, or its salts, isomers, or salts of isomers; 13 or 14 (B) an immediate precursor of methamphetamine, or its salts,
01 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 methamphetamine, 04 with the intent to manufacture any material compound, mixture, or preparation that 05 contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] 06 (4) possesses a listed chemical with intent to manufacture any material, 07 compound, mixture, or preparation that contains 08 (A) methamphetamine, or its salts, isomers, or salts of isomers; 09 or 10 (B) an immediate precursor of methamphetamine, or its salts, 11 isomers, or salts of isomer; or 12 (5) except as proscribed under AS 11.71.010(a)(2), 13 (A) possesses or delivers an immediate precursor of 14 methamphetamine, or the salts, isomers, or salts of isomers of the 15 immediate precursor of methamphetamine, to another individual for the 16 purpose of manufacturing methamphetamine, or its salts, isomers, or salts 17 of isomers; 18 (B) provides a chemical defined under AS 11.71.200(4), 19 (11), (13), or (24) to another person for the purpose of manufacturing 20 methamphetamine, or its salts, isomers, salts of isomers, or an immediate 21 precursor of methamphetamine, its salts, isomers, or salts of isomers. 22 * Sec. 2. AS 11.71.020 is amended by adding a new subsection to read: 23 (d) In a prosecution under (a) of this section, possession of six grams or more 24 of pseudoephedrine base product, or its salts, isomers, or salts of isomers, is prima 25 facie evidence that the person intended to use the listed chemical to manufacture 26 methamphetamine or to assist another person to manufacture methamphetamine. This 27 subsection does not apply to the following legitimate businesses: 28 (1) a wholesale drug distributor, or its agents, licensed by the state; 29 (2) a retail distributor of chemicals or drug products; 30 (3) a manufacturer of chemicals or drug products; 31 (4) a pharmacist licensed by the Board of Pharmacy;
01 (5) a health care professional licensed by the state. 02 * Sec. 3. AS 11.71.030(a) is amended to read: 03 (a) Except as authorized in AS 17.30, a person commits the crime of 04 misconduct involving a controlled substance in the third degree if the person 05 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (5) 06 [AS 11.71.020(a)(2) - (4)], manufactures or delivers any amount of a schedule IIA or 07 IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled 08 substance with intent to manufacture or deliver; 09 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 10 substance to a person under 19 years of age who is at least three years younger than 11 the person delivering the substance; or 12 (3) possesses any amount of a schedule IA or IIA controlled substance 13 (A) with reckless disregard that the possession occurs 14 (i) on or within 500 feet of school grounds; or 15 (ii) at or within 500 feet of a recreation or youth center; 16 or 17 (B) on a school bus. 18 * Sec. 4. AS 11.71 is amended by adding a new section to read: 19 Sec. 11.71.193. Purchase, possession, or delivery of products containing 20 pseudoephedrine. (a) A person commits the crime of possession of pseudoephedrine 21 if a person purchases, possesses, or delivers to another person a product containing 22 more than six grams of pseudoephedrine, or its salts, isomers, or salts of isomers, 23 within a 30-day period. This subsection does not apply to the following legitimate 24 businesses that may legitimately possess more than six grams of iodine or crystal 25 iodine or pseudoephedrine: 26 (1) a wholesale drug distributor, or its agents, licensed by the division 27 of occupational licensing, Department of Commerce, Community, and Economic 28 Development; 29 (2) a retail distributor of chemicals or drug products; 30 (3) a manufacturer of chemicals or drug products; 31 (4) a pharmacist licensed by the Board of Pharmacy;
01 (5) a health care professional licensed by the state. 02 (b) A person commits the crime of possession of iodine or crystal iodine if a 03 person purchases, possesses, or delivers to another person any quantity of iodine or 04 crystal iodine. This subsection does not apply to the following legitimate businesses 05 that may legitimately possess more than six grams of iodine or crystal iodine or 06 pseudoephedrine: 07 (1) a water treatment dealer licensed by the division of occupational 08 licensing, Department of Commerce, Community, and Economic Development; 09 (2) a water treatment facility. 10 * Sec. 5. AS 17.30 is amended by adding a new section to article 1 to read: 11 Sec. 17.30.090. Dispensing, registration, and record-keeping requirements 12 for certain listed chemicals. (a) A manufacture, wholesaler, or distributor of iodine 13 or iodine crystals, or products containing ephedrine, pseudoephedrine, 14 phenylpropanolamine, or their salts, isomers, or salts of isomers, shall obtain a 15 registration annually from the Department of Commerce, Community, and Economic 16 Development. Records of transactions involving the sale of these chemicals shall be 17 kept readily available and shall be provided to the Department of Public Safety or 18 other law enforcement agencies upon request. Records involving sales of products 19 described in this subsection shall be kept separate from all other transaction records 20 not involving these chemicals and shall be kept readily available for three years. 21 (b) A manufacture, wholesaler, or distributor shall keep iodine or iodine 22 crystals and all products containing ephedrine, pseudoephedrine or 23 phenylpropanolamine off the shelves and behind a service counter, except those listed 24 in (d) of this section. 25 (c) A manufacture, wholesaler, or retail distributor shall keep complete 26 records of all transactions involving iodine or iodine crystals and all products 27 containing ephedrine, pseudoephedrine or phenylpropanolamine, except those 28 exempted under (d) of this section. These records shall detail the following 29 information: 30 (1) the date of purchase; 31 (2) the purchaser's name;
01 (3) the purchaser's identification number from the photo identification 02 used to identify the recipient of the product; 03 (4) the quantity and substance dispensed; 04 (5) the dispenser's registration number or identifier. 05 (d) This section does not apply to the following products: Pediatric products 06 primarily intended for administration, according to label instructions, to children under 07 12 years of age, either: 08 (1) in solid dosage when individual dosage units do not exceed 15 09 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; 10 (2) in liquid form when recommended dosage units, according to label 11 instructions, do not exceed 15 milligrams of ephedrine, pseudoephedrine, or 12 phenylpropanolamine; 13 (3) in liquid form when recommended dosage units, according to label 14 instructions, do not exceed 15 milligrams of ephedrine, pseudoephedrine, or 15 phenylpropanolamine. 16 (e) Each violation of this section is a class A misdemeanor, punishable upon 17 conviction by a fine not to exceed $10,000.