CSHB 149(JUD): "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 149(JUD) 01 "An Act relating to controlled substances; relating to the crimes of manslaughter, 02 endangering the welfare of a child, and misconduct involving a controlled substance; 03 relating to the manufacture of methamphetamine and to the sale, possession, and 04 delivery of certain substances and precursors used in the manufacture of 05 methamphetamine; relating to listing certain anabolic steroids as controlled substances; 06 and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.41.120(a) is amended to read: 09 (a) A person commits the crime of manslaughter if the person 10 (1) intentionally, knowingly, or recklessly causes the death of another 11 person under circumstances not amounting to murder in the first or second degree; 12 [OR] 13 (2) intentionally aids another person to commit suicide; or
01 (3) knowingly manufactures or delivers a controlled substance in 02 violation of AS 11.71, and a person dies as a direct result of ingestion of the 03 controlled substance; the death is a result that does not require a culpable mental 04 state. 05 * Sec. 2. AS 11.51.100(c) is amended to read: 06 (c) In this section, 07 (1) "building," in addition to its usual meaning, includes any 08 propelled vehicle or structure adapted for overnight accommodation of persons 09 or for carrying on business; when a building consists of separate units, including 10 apartment units, offices, or rented rooms, each unit is considered a part of the 11 same building; 12 (2) "physically mistreated" means 13 (A) [(1)] having committed an act punishable under 14 AS 11.41.100 - 11.41.250; or 15 (B) [(2)] having applied force to a child that, under the 16 circumstances in which it was applied, or considering the age or physical 17 condition of the child, constitutes a gross deviation from the standard of 18 conduct that a reasonable person would observe in the situation because of the 19 substantial and unjustifiable risk of 20 (i) [(A)] death; 21 (ii) [(B)] serious or protracted disfigurement; 22 (iii) [(C)] protracted impairment of health; 23 (iv) [(D)] loss or impairment of the function of a body 24 member or organ; 25 (v) [(E)] substantial skin bruising, burning, or other skin 26 injury; 27 (vi) [(F)] internal bleeding or subdural hematoma; 28 (vii) [(G)] bone fracture; or 29 (viii) [(H)] prolonged or extreme pain, swelling, or 30 injury to soft tissue. 31 * Sec. 3. AS 11.51.100 is amended by adding new subsections to read:
01 (g) Notwithstanding AS 11.51.130, a person commits the crime of 02 endangering the welfare of a child in the first degree if the person knowingly 03 manufactures or attempts to manufacture methamphetamine in violation of AS 11.71 04 in a building, with reckless disregard that the building is used as a permanent or 05 temporary home or place of lodging for one or more children under 18 years of age. 06 (h) Endangering the welfare of a child in the first degree under (g) of this 07 section is a class C felony. 08 * Sec. 4. AS 11.51.130(a) is amended to read: 09 (a) A person commits the crime of contributing to the delinquency of a minor 10 if, being 19 years of age or older or being under 19 years of age and having the 11 disabilities of minority removed for general purposes under AS 09.55.590, the person 12 aids, induces, causes, or encourages a child 13 (1) under 18 years of age to do any act prohibited by state law unless 14 the child's disabilities of minority have been removed for general purposes under 15 AS 09.55.590; 16 (2) under 18 years of age or allows a child under 18 years of age, 17 under circumstances not proscribed under AS 11.51.100(g), to enter or remain in 18 the immediate physical presence of the unlawful manufacture, use, display, or delivery 19 of a controlled substance knowing that the manufacture, use, display, or delivery is 20 occurring, unless the child's disabilities of minority have been removed for general 21 purposes under AS 09.55.590; 22 (3) under 16 years of age to be repeatedly absent from school, without 23 just cause; or 24 (4) under 18 years of age to be absent from the custody of a parent, 25 guardian, or custodian without the permission of the parent, guardian, or custodian or 26 without the knowledge of the parent, guardian, or custodian, unless the child's 27 disabilities of minority have been removed for general purposes under AS 09.55.590 28 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative 29 defense to a prosecution under this paragraph that, at the time of the alleged offense, 30 the defendant 31 (A) reasonably believed that the child was in danger of physical
01 injury or in need of temporary shelter; and 02 (B) within 12 hours after taking the actions comprising the 03 alleged offense, notified a peace officer, a law enforcement agency, or the 04 Department of Health and Social Services of the name of the child and the 05 child's location. 06 * Sec. 5. AS 11.71.020(a) is amended to read: 07 (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the second degree if the person 09 (1) manufactures or delivers any amount of a schedule IA controlled 10 substance or possesses any amount of a schedule IA controlled substance with intent 11 to manufacture or deliver; 12 (2) manufactures any material, compound, mixture, or preparation that 13 contains 14 (A) methamphetamine, or its salts, isomers, or salts of isomers; 15 or 16 (B) an immediate precursor of methamphetamine, or its salts, 17 isomers, or salts of isomers; 18 (3) possesses an immediate precursor of methamphetamine, or the 19 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 20 with the intent to manufacture any material, compound, mixture, or preparation that 21 contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] 22 (4) possesses a listed chemical with intent to manufacture any material, 23 compound, mixture, or preparation that contains 24 (A) methamphetamine, or its salts, isomers, or salts of isomers; 25 or 26 (B) an immediate precursor of methamphetamine, or its salts, 27 isomers, or salts of isomer; 28 (5) possesses methamphetamine in an organic solution with intent 29 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or 30 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 31 delivers
01 (A) an immediate precursor of methamphetamine, or the 02 salts, isomers, or salts of isomers of the immediate precursor of 03 methamphetamine, to another person with reckless disregard that the 04 precursor will be used to manufacture any material, compound, mixture, 05 or preparation that contains methamphetamine, or its salts, isomers, or 06 salts of isomers; or 07 (B) a listed chemical to another person with reckless 08 disregard that the listed chemical will be used to manufacture any 09 material, compound, mixture, or preparation that contains 10 (i) methamphetamine, or its salts, isomers, or salts of 11 isomers; 12 (ii) an immediate precursor of methamphetamine, or 13 its salts, isomers, or salts of isomers; or 14 (iii) methamphetamine or its salts, isomers, or salts 15 of isomers in an organic solution. 16 * Sec. 6. AS 11.71.020 is amended by adding a new subsection to read: 17 (d) In a prosecution under (a) of this section, possession of nine grams or more 18 of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, the salts, 19 isomers, or salts of isomers of those chemicals, or iodine or crystal iodine is prima 20 facie evidence that the person intended to use the listed chemicals to manufacture, to 21 aid or abet another person to manufacture, or to deliver to another person who intends 22 to manufacture methamphetamine, its immediate precursors, or the salts, isomers, or 23 salts of isomers of methamphetamine or its immediate precursors. The prima facie 24 evidence described in this subsection does not apply to a person who possesses the 25 listed chemicals 26 (1) ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, 27 isomers, or salts of isomers of those chemicals 28 (A) and the listed chemical was dispensed to the person under a 29 valid prescription; or 30 (B) in the ordinary course of a legitimate business, or an 31 employee of a legitimate business, as a
01 (i) retailer or as a wholesaler; 02 (ii) wholesale drug distributor licensed by the Board of 03 Pharmacy; 04 (iii) manufacturer of drug products licensed by the 05 Board of Pharmacy; 06 (iv) pharmacist licensed by the Board of Pharmacy; or 07 (v) health care professional licensed by the state; 08 (2) iodine or crystal iodine 09 (A) in the ordinary course of a legitimate business or service as 10 a water treatment plant or a provider of water treatment services or an 11 employee of those businesses or services; 12 (B) as a retailer, wholesaler, or manufacturer of water treatment 13 or medical or veterinary supplies or an employee of a retailer, wholesaler, or 14 manufacturer. 15 * Sec. 7. AS 11.71.030(a) is amended to read: 16 (a) Except as authorized in AS 17.30, a person commits the crime of 17 misconduct involving a controlled substance in the third degree if the person 18 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (6) 19 [AS 11.71.020(a)(2) - (4)], manufactures or delivers any amount of a schedule IIA or 20 IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled 21 substance with intent to manufacture or deliver; 22 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 23 substance to a person under 19 years of age who is at least three years younger than 24 the person delivering the substance; or 25 (3) possesses any amount of a schedule IA or IIA controlled substance 26 (A) with reckless disregard that the possession occurs 27 (i) on or within 500 feet of school grounds; or 28 (ii) at or within 500 feet of a recreation or youth center; 29 or 30 (B) on a school bus. 31 * Sec. 8. AS 11.71.180 is amended by adding a new subsection to read:
01 (f) Schedule VA includes, unless specifically excepted or unless listed in 02 another schedule, any material, compound, mixture, or preparation that contains any 03 quantity of the following substances, including their salts, esters, isomers, and salts of 04 esters and isomers if those salts, esters, or isomers promote muscle growth, whenever 05 the existence of these salts, esters, and isomers is possible within the specific chemical 06 designation: anabolic steroids. In this subsection, "anabolic steroids" means any drug 07 or hormonal substance that is chemically and pharmacologically related to testosterone 08 (other than estrogens, progestins, and corticosteroids) and that promotes muscle 09 growth; "anabolic steroids" does not include an anabolic steroid that is expressly 10 intended for administration through implants to cattle or other nonhuman species and 11 that has been approved by the United States Secretary of Health and Human Services 12 for that administration, unless a person prescribes, dispenses, or distributes that type of 13 anabolic steroid for human use; "anabolic steroids" includes the following: 14 (1) boldenone; 15 (2) chlorotestosterone (4-chlorotestosterone); 16 (3) clostebol; 17 (4) dehydrochlormethyltestosterone; 18 (5) dihydrotestosterone (4-dihydrotestosterone); 19 (6) drostanolone; 20 (7) ethylestrenol; 21 (8) fluoxymesterone; 22 (9) formebulone (formebolone); 23 (10) mesterolone; 24 (11) methandienone; 25 (12) methandranone; 26 (13) methandriol; 27 (14) methandrostenolone; 28 (15) methenolone; 29 (16) methyltestosterone; 30 (17) mibolerone; 31 (18) nandrolone;
01 (19) norethandrolone; 02 (20) oxandrolone; 03 (21) oxymesterone; 04 (22) oxymetholone; 05 (23) stanolone; 06 (24) stanozolol; 07 (25) testolactone; 08 (26) testosterone; 09 (27) trenbolone. 10 * Sec. 9. AS 11.71 is amended by adding a new section to article 2 to read: 11 Sec. 11.71.210. Purchase or receipt of restricted amounts of certain listed 12 chemicals. (a) A person commits the crime of purchase or receipt of restricted 13 amounts of certain listed chemicals if the person purchases or receives more than 14 (1) nine grams of the following listed chemical, its salts, isomers, or 15 salts of isomers within any 30-day period: 16 (A) ephedrine under AS 11.71.200(4); 17 (B) pseudoephedrine under AS 11.71.200(13); 18 (C) phenylpropanolamine under AS 11.71.200(11); 19 (2) nine grams of the following listed chemicals within any 30-day 20 period: 21 (A) iodine under AS 11.71.200(24); 22 (B) crystal iodine under AS 11.71.200(24). 23 (b) This section does not apply to a person who lawfully purchases or receives 24 more than nine grams of a listed chemical identified in (a)(1) of this section 25 (1) that was dispensed to the person under a valid prescription; or 26 (2) in the ordinary course of a legitimate business, or to an employee 27 of a legitimate business, as a 28 (A) retailer or as a wholesaler; 29 (B) wholesale drug distributor licensed by the Board of 30 Pharmacy; 31 (C) manufacturer of drug products licensed by the Board of
01 Pharmacy; 02 (D) pharmacist licensed by the Board of Pharmacy; or 03 (E) a health care professional licensed by the state. 04 (c) This section does not apply to a person who lawfully purchases or receives 05 more than nine grams of a listed chemical identified in (a)(2) of this section 06 (1) in the ordinary course of a legitimate business as a water treatment 07 plant or a provider of water treatment services or an employee of those businesses or 08 services; or 09 (2) as a wholesaler, retailer, or manufacturer of water treatment or 10 medical or veterinary supplies, or an employee of a retailer, wholesaler, or 11 manufacturer. 12 (d) Purchase or receipt of restricted amounts of certain listed chemicals is a 13 class C felony. 14 * Sec. 10. AS 11.71.900(20) is amended to read: 15 (20) "recreation or youth center" means a building, structure, athletic 16 playing field, or playground 17 (A) run or created by a municipality or the state to provide 18 athletic, recreational, or leisure activities for minors; or 19 (B) operated by a public or private agency to provide 20 shelter, training, or guidance for minors. 21 * Sec. 11. AS 17.30 is amended by adding a new section to article 1 to read: 22 Sec. 17.30.090. Dispensation of and registration and record requirements 23 for certain listed chemicals. (a) A wholesaler, manufacturer, or distributor of 24 products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their 25 salts, isomers, or salts of isomers, or iodine or crystal iodine, shall keep complete 26 records of all transactions involving those products, including the names of all parties 27 involved in the transaction, the date of the transaction, and the amount of the drug 28 products involved. The records shall be kept readily retrievable and separate from all 29 other invoices or records of transactions not involving those products and shall be 30 maintained for not less than three years and must allow for in-person inspection of the 31 records by law enforcement officers.
01 (b) A retailer of a product or substance that contains a detectable quantity of 02 ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of 03 isomers, iodine, or crystal iodine may not dispense the substance unless the retailer 04 confirms the identity of the person by valid government-issued photo identification 05 and the retailer requires the purchaser to sign a written log completed by the retailer 06 showing the date of the transaction, name of the purchaser, type of identification and 07 the identification number, and the amount dispensed. The Department of Public 08 Safety and other law enforcement officers shall be allowed access to this log upon 09 request. 10 (c) A person may not offer to sell a product or substance that contains 11 ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts 12 of isomers, iodine, or crystal iodine unless that product is displayed behind a service 13 counter and not accessible to the public or in a secured cabinet or storage area that 14 may only be accessed by the seller. 15 (d) Notwithstanding (a) of this section, if a municipality enacts an ordinance 16 requiring wholesalers, manufacturers, and distributors to report the information 17 maintained under (a) of this section, each wholesaler, manufacturer, and distributor 18 shall regularly report that information to the municipal police department at intervals 19 required in the ordinance. 20 (e) In this section, 21 (1) "distributor" means a person in the state or another state, other than 22 a manufacturer or wholesaler, who sells, delivers, transfers, or in any manner furnishes 23 a drug product described in (a) of this section to a person who is not the ultimate user 24 or consumer of the product; 25 (2) "manufacturer" means a person in the state who produces, 26 compounds, packages, or in any manner initially prepares for sale or use a drug 27 product described in (a) of this section, or a person in another state if the person causes 28 the products to be compounded in, packaged in, or transported to this state; 29 (3) "readily retrievable" means available for inspection without prior 30 notice at the registration address if that address is in the state; if the registration 31 address is outside the state, "readily retrievable" means records must be furnished
01 within three working days by courier, facsimile, mail, or electronic mail; 02 (4) "wholesaler" means a person in the state or another state, other than 03 a manufacturer, who sells, transfers, or in any manner furnishes a drug product 04 described in (a) of this section to another person in the state for the purpose of the drug 05 product's being resold. 06 (f) A violation of (a), (b), or (c) of this section is a class A misdemeanor, 07 punishable upon conviction only by a fine in an amount not to exceed $10,000. A 08 wholesaler, manufacturer, or distributor that knowingly fails to report as required by 09 (d) of this section is guilty of a violation. In this subsection, "knowingly" has the 10 meaning given in AS 11.81.900(a). 11 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. This Act applies to offenses committed on or after the effective 14 date of this Act. 15 * Sec. 13. This Act takes effect July 1, 2005.