SCS CSHB 149(FIN): "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; amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) 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 amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective 07 date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 PURPOSE OF SECS. 7 - 10. The purpose of secs. 7 - 10 of this Act is to protect the 12 health and safety of persons in this state and to provide legislative findings concerning this 13 Act regarding marijuana and its effects in this state.
01 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 FINDINGS FOR SECS. 7 - 10. The type of marijuana available in the United States 04 and Alaska today, and the changes in the patterns of usage of the drug, particularly by young 05 Alaskans, Alaska Natives and those undergoing alcohol treatment, pose a threat to the public 06 health and welfare that justifies prohibiting possession in this state, even by adults at home. In 07 this Act, the legislature has considered its duty to implement the right to privacy in art. I, sec. 08 22, Constitution of the State of Alaska, and its duty to promote the public health and welfare 09 in art. VII, sec. 4, Constitution of the State of Alaska. The legislature has also considered its 10 obligation to carry out the intent of the voters of Alaska in recriminalizing marijuana by ballot 11 initiative in 1990, and in defeating ballot initiatives to again decriminalize marijuana in 2000 12 and 2004. To assist the courts in considering these issues, the legislature further finds that 13 (1) the potency of marijuana has increased dramatically since the 1960s and 14 1970s; the national average amount of delta-9-tetrahydrocannabinol (THC), the main 15 psychoactive ingredient, was less than one percent then, but increased steadily in the 1980s 16 and 1990s, and by 2003 was six times higher, at 6.4 percent; marijuana grown and available in 17 Alaska is much more potent than the national average, and has been tested with THC levels 18 over 20 percent; the average potency of Alaska marijuana for the period 1993-2003 was over 19 10 percent and for 2003 was nearly 14 percent; Alaska marijuana today commands hundreds 20 of dollars per ounce on the illegal market and is often sold in smaller amounts within the price 21 range of teenagers; the increasing potency of marijuana corresponds to an increase in 22 substance abuse treatment admissions, particularly youth 12 - 17 years of age, and in the 23 number of persons seeking emergency medical care due to marijuana-related incidents; 24 (2) several hundred adults and children are admitted into treatment each year 25 in Alaska for marijuana abuse, with more than half being children under 18 years of age; 26 pregnant women in Alaska use marijuana at a higher rate than the national average; 27 (3) there is evidence that many users become dependent on marijuana under 28 the clinical standards applied by the Diagnostic and Statistical Manual of Mental Disorders 29 IV; studies have shown that use of marijuana and withdrawal from marijuana affect some of 30 the same neurochemical processes as known addictive drugs; Marijuana Anonymous chapters 31 to treat marijuana addicts exist in a majority of states in the country. This is persuasive
01 evidence of marijuana's potential for users becoming dependent on it. Currently, one-third of 02 all persons in Alaska treated for drug and alcohol problems are treated for marijuana abuse; 03 (4) early exposure of young people to marijuana increases the likelihood of 04 lifelong health and social problems, makes it more likely that the person will later use more 05 potent illegal drugs, and is associated with depression and an increased risk of attempting 06 suicide; 07 (5) a high percentage of persons in treatment for alcohol abuse also abuse 08 marijuana; although the relationship between marijuana and alcohol and other drugs is not 09 fully understood, there is a correlative effect that makes it more difficult to treat alcoholism 10 when marijuana is also used; 11 (6) marijuana consists of hundreds of different chemicals and can affect 12 almost every organ and system in the body, including the lymph system, the heart, and the 13 lungs; THC binds to receptors in the brain that should otherwise bind to naturally occurring 14 brain chemicals; marijuana can affect memory, attention, judgment, and other cognitive 15 functions and can impair motor coordination, time perception, and balance; marijuana smoke 16 contains more carcinogenic hydrocarbons than tobacco smoke; marijuana often contains 17 bacteria or fungus that are dangerous to humans, and is harvested and sold without removing 18 pesticides and fungicides; 19 (7) a high percentage of persons arrested in this state, including adults and 20 juveniles who commit violent offenses, have marijuana in their system at the time of the 21 arrest; the percentage is particularly high for adults arrested for domestic violence who test 22 positive for marijuana at the time of the arrest; 23 (8) if a parent uses marijuana, their children are four to five times more likely 24 to become marijuana users; many high school students report that they have been able to get 25 marijuana at home or from a relative; criminal penalties for possession of marijuana in the 26 home will deter possession by adults and reduce its availability and accessibility to children; 27 studies have shown that criminal penalties for possession of marijuana are effective in 28 increasing the perception among teenagers of the risks of using the drug, thus reducing its use 29 by young people; 30 (9) in Noy v. State, 83 P.3d 538 (Alaska App. 2003), the Alaska court of 31 appeals allowed any person over 17 years of age to possess up to four ounces of marijuana in
01 their home; at the same time, the court held that possession of four ounces could legitimately 02 be prohibited even in the home because it was reasonable for the legislature to conclude in 03 1982 that possession of four ounces is indicative of an intent to sell; the street value of 04 marijuana today is between $350 and $550 per ounce; the legislature heard evidence that 05 possession of four ounces or more indicates an intent to distribute; and therefore this is the 06 appropriate amount to justify a felony offense; the Noy decision also led the same court in 07 Crocker v. State, 97 P.3d 93 (Alaska App. 2004) to invalidate search warrants for commercial 08 marijuana-growing and, in the words of the dissenting chief judge, make it "difficult for the 09 state to enforce legitimate laws prohibiting the sale and possession of marijuana." 10 * Sec. 3. AS 11.41.120(a) is amended to read: 11 (a) A person commits the crime of manslaughter if the person 12 (1) intentionally, knowingly, or recklessly causes the death of another 13 person under circumstances not amounting to murder in the first or second degree; 14 [OR] 15 (2) intentionally aids another person to commit suicide; or 16 (3) knowingly manufactures or delivers a controlled substance in 17 violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA 18 controlled substances, and a person dies as a direct result of ingestion of the 19 controlled substance; the death is a result that does not require a culpable mental 20 state; in this paragraph, "ingestion" means voluntarily or involuntarily taking a 21 substance into the body in any manner. 22 * Sec. 4. AS 11.71.020(a) is amended to read: 23 (a) Except as authorized in AS 17.30, a person commits the crime of 24 misconduct involving a controlled substance in the second degree if the person 25 (1) manufactures or delivers any amount of a schedule IA controlled 26 substance or possesses any amount of a schedule IA controlled substance with intent 27 to manufacture or deliver; 28 (2) manufactures any material, compound, mixture, or preparation that 29 contains 30 (A) methamphetamine, or its salts, isomers, or salts of isomers; 31 or
01 (B) an immediate precursor of methamphetamine, or its salts, 02 isomers, or salts of isomers; 03 (3) possesses an immediate precursor of methamphetamine, or the 04 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 05 with the intent to manufacture any material, compound, mixture, or preparation that 06 contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] 07 (4) possesses a listed chemical with intent to manufacture any material, 08 compound, mixture, or preparation that contains 09 (A) methamphetamine, or its salts, isomers, or salts of isomers; 10 or 11 (B) an immediate precursor of methamphetamine, or its salts, 12 isomers, or salts of isomer; 13 (5) possesses methamphetamine in an organic solution with intent 14 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or 15 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 16 delivers 17 (A) an immediate precursor of methamphetamine, or the 18 salts, isomers, or salts of isomers of the immediate precursor of 19 methamphetamine, to another person with reckless disregard that the 20 precursor will be used to manufacture any material, compound, mixture, 21 or preparation that contains methamphetamine, or its salts, isomers, or 22 salts of isomers; or 23 (B) a listed chemical to another person with reckless 24 disregard that the listed chemical will be used to manufacture any 25 material, compound, mixture, or preparation that contains 26 (i) methamphetamine, or its salts, isomers, or salts of 27 isomers; 28 (ii) an immediate precursor of methamphetamine, or 29 its salts, isomers, or salts of isomers; or 30 (iii) methamphetamine or its salts, isomers, or salts 31 of isomers in an organic solution.
01 * Sec. 5. AS 11.71.020 is amended by adding a new subsection to read: 02 (d) In a prosecution under (a) of this section, possession of more than six 03 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, the 04 salts, isomers, or salts of isomers of those chemicals is prima facie evidence that the 05 person intended to use the listed chemicals to manufacture, to aid or abet another 06 person to manufacture, or to deliver to another person who intends to manufacture 07 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 08 of methamphetamine or its immediate precursors. The prima facie evidence described 09 in this subsection does not apply to a person who possesses 10 (1) the listed chemicals ephedrine, pseudoephedrine, 11 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 12 (A) and the listed chemical was dispensed to the person under a 13 valid prescription; or 14 (B) in the ordinary course of a legitimate business, or an 15 employee of a legitimate business, as a 16 (i) retailer or as a wholesaler; 17 (ii) wholesale drug distributor licensed by the Board of 18 Pharmacy; 19 (iii) manufacturer of drug products licensed by the 20 Board of Pharmacy; 21 (iv) pharmacist licensed by the Board of Pharmacy; or 22 (v) health care professional licensed by the state; or 23 (2) less than 24 grams of ephedrine, pseudoephedrine, 24 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 25 kept in a locked storage area on the premises of a legitimate business or nonprofit 26 organization operating a camp, lodge, school, day care center, treatment center, or 27 other organized group activity, and the location or nature of the activity, or the age of 28 the participants, makes it impractical for the participants in the activity to obtain 29 medicinal products. 30 * Sec. 6. AS 11.71.030(a) is amended to read: 31 (a) Except as authorized in AS 17.30, a person commits the crime of
01 misconduct involving a controlled substance in the third degree if the person 02 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (6) 03 [AS 11.71.020(a)(2) - (4)], manufactures or delivers any amount of a schedule IIA or 04 IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled 05 substance with intent to manufacture or deliver; 06 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 07 substance to a person under 19 years of age who is at least three years younger than 08 the person delivering the substance; or 09 (3) possesses any amount of a schedule IA or IIA controlled substance 10 (A) with reckless disregard that the possession occurs 11 (i) on or within 500 feet of school grounds; or 12 (ii) at or within 500 feet of a recreation or youth center; 13 or 14 (B) on a school bus. 15 * Sec. 7. AS 11.71.040(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 fourth degree if the person 18 (1) manufactures or delivers any amount of a schedule IVA or VA 19 controlled substance or possesses any amount of a schedule IVA or VA controlled 20 substance with intent to manufacture or deliver; 21 (2) manufactures or delivers, or possesses with the intent to 22 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 23 of an aggregate weight of one ounce or more containing a schedule VIA controlled 24 substance; 25 (3) possesses 26 (A) any amount of a schedule IA or IIA controlled substance; 27 (B) 25 or more tablets, ampules, or syrettes containing a 28 schedule IIIA or IVA controlled substance; 29 (C) one or more preparations, compounds, mixtures, or 30 substances of an aggregate weight of three grams or more containing a 31 schedule IIIA or IVA controlled substance;
01 (D) 50 or more tablets, ampules, or syrettes containing a 02 schedule VA controlled substance; 03 (E) one or more preparations, compounds, mixtures, or 04 substances of an aggregate weight of six grams or more containing a schedule 05 VA controlled substance; 06 (F) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of four ounces [ONE POUND] or more 08 containing a schedule VIA controlled substance; or 09 (G) 25 or more plants of the genus cannabis; 10 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 11 (A) with reckless disregard that the possession occurs 12 (i) on or within 500 feet of school grounds; or 13 (ii) at or within 500 feet of a recreation or youth center; 14 or 15 (B) on a school bus; 16 (5) knowingly keeps or maintains any store, shop, warehouse, 17 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 18 keeping or distributing controlled substances in violation of a felony offense under this 19 chapter or AS 17.30; 20 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 21 thing that [WHICH] prints, imprints, or reproduces a trademark, trade name, or other 22 identifying mark, imprint, or device of another or any likeness of any of these upon a 23 drug, drug container, or labeling so as to render the drug a counterfeit substance; 24 (7) knowingly uses in the course of the manufacture or distribution of a 25 controlled substance a registration number that is fictitious, revoked, suspended, or 26 issued to another person; 27 (8) knowingly furnishes false or fraudulent information in or omits 28 material information from any application, report, record, or other document required 29 to be kept or filed under AS 17.30; 30 (9) obtains possession of a controlled substance by misrepresentation, 31 fraud, forgery, deception, or subterfuge; or
01 (10) affixes a false or forged label to a package or other container 02 containing any controlled substance. 03 * Sec. 8. AS 11.71.050(a) is amended to read: 04 (a) Except as authorized in AS 17.30, a person commits the crime of 05 misconduct involving a controlled substance in the fifth degree if the person 06 (1) manufactures or delivers, or possesses with the intent to 07 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 08 of an aggregate weight of less than one [ONE-HALF] ounce [OR MORE] containing 09 a schedule VIA controlled substance; 10 (2) [MANUFACTURES OR DELIVERS, OR POSSESSES WITH 11 THE INTENT TO MANUFACTURE OR DELIVER, ONE OR MORE 12 PREPARATIONS, COMPOUNDS, MIXTURES, OR SUBSTANCES OF AN 13 AGGREGATE WEIGHT OF LESS THAN ONE-HALF OUNCE CONTAINING A 14 SCHEDULE VIA CONTROLLED SUBSTANCE, FOR REMUNERATION; 15 (3)] possesses 16 (A) less than 25 tablets, ampules, or syrettes containing a 17 schedule IIIA or IVA controlled substance; 18 (B) one or more preparations, compounds, mixtures, or 19 substances of an aggregate weight of less than three grams containing a 20 schedule IIIA or IVA controlled substance; 21 (C) less than 50 tablets, ampules, or syrettes containing a 22 schedule VA controlled substance; 23 (D) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of less than six grams containing a schedule 25 VA controlled substance; or 26 (E) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of one ounce [ONE-HALF POUND] or 28 more containing a schedule VIA controlled substance; or 29 (3) [(4)] fails to make, keep, or furnish any record, notification, order 30 form, statement, invoice, or information required under AS 17.30. 31 * Sec. 9. AS 11.71.060(a) is amended to read:
01 (a) Except as authorized in AS 17.30, a person commits the crime of 02 misconduct involving a controlled substance in the sixth degree if the person 03 (1) uses or displays any amount of a schedule VIA controlled 04 substance; 05 (2) [OR] possesses one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of less than one ounce [ONE-HALF POUND] 07 containing a schedule VIA controlled substance; 08 or 09 (3) [(2)] refuses entry into a premise for an inspection authorized under 10 AS 17.30. 11 * Sec. 10. AS 11.71.080 is amended to read: 12 Sec. 11.71.080. Aggregate weight of live marijuana plants. For purposes of 13 calculating the aggregate weight of a live marijuana plant, the aggregate weight shall 14 be one-sixth of the measured weight of the marijuana plant after the roots of the 15 marijuana plant have been removed [WHEN REDUCED TO ITS COMMONLY 16 USED FORM]. 17 * Sec. 11. AS 11.71.180 is amended by adding a new subsection to read: 18 (f) Schedule VA includes, unless specifically excepted or unless listed in 19 another schedule, any material, compound, mixture, or preparation that contains any 20 quantity of the following substances, including their salts, esters, isomers, and salts of 21 esters and isomers if those salts, esters, or isomers promote muscle growth, whenever 22 the existence of these salts, esters, and isomers is possible within the specific chemical 23 designation: anabolic steroids. In this subsection, "anabolic steroids" means any drug 24 or hormonal substance that is chemically and pharmacologically related to testosterone 25 (other than estrogens, progestins, and corticosteroids) and that promotes muscle 26 growth; "anabolic steroids" does not include an anabolic steroid that is expressly 27 intended for administration through implants to cattle or other nonhuman species and 28 that has been approved by the United States Secretary of Health and Human Services 29 for that administration, unless a person prescribes, dispenses, or distributes that type of 30 anabolic steroid for human use; "anabolic steroids" includes the following: 31 (1) boldenone;
01 (2) chlorotestosterone (4-chlorotestosterone); 02 (3) clostebol; 03 (4) dehydrochlormethyltestosterone; 04 (5) dihydrotestosterone (4-dihydrotestosterone); 05 (6) drostanolone; 06 (7) ethylestrenol; 07 (8) fluoxymesterone; 08 (9) formebulone (formebolone); 09 (10) mesterolone; 10 (11) methandienone; 11 (12) methandranone; 12 (13) methandriol; 13 (14) methandrostenolone; 14 (15) methenolone; 15 (16) methyltestosterone; 16 (17) mibolerone; 17 (18) nandrolone; 18 (19) norethandrolone; 19 (20) oxandrolone; 20 (21) oxymesterone; 21 (22) oxymetholone; 22 (23) stanolone; 23 (24) stanozolol; 24 (25) testolactone; 25 (26) testosterone; 26 (27) trenbolone. 27 * Sec. 12. AS 11.71 is amended by adding a new section to article 2 to read: 28 Sec. 11.71.210. Purchase or receipt of restricted amounts of certain listed 29 chemicals. (a) A person commits the crime of purchase or receipt of restricted 30 amounts of certain listed chemicals if the person purchases or receives more than six 31 grams of the following listed chemical, its salts, isomers, or salts of isomers within
01 any 30-day period: 02 (1) ephedrine under AS 11.71.200(4); 03 (2) pseudoephedrine under AS 11.71.200(13); 04 (3) phenylpropanolamine under AS 11.71.200(11). 05 (b) This section does not apply to a person who lawfully purchases or receives 06 (1) more than six grams of a listed chemical identified in (a) of this 07 section 08 (A) that was dispensed to the person under a valid prescription; 09 or 10 (B) in the ordinary course of a legitimate business, or to an 11 employee of a legitimate business, as a 12 (i) retailer or as a wholesaler; 13 (ii) wholesale drug distributor licensed by the Board of 14 Pharmacy; 15 (iii) manufacturer of drug products licensed by the 16 Board of Pharmacy; 17 (iv) pharmacist licensed by the Board of Pharmacy; or 18 (v) a health care professional licensed by the state; or 19 (2) more than six but less than 24 grams of a listed chemical identified 20 in (a) of this section in the ordinary course of a legitimate business or nonprofit 21 organization, or as an employee of a legitimate business or nonprofit organization, 22 operating a camp, lodge, school, day care center, treatment center, or other organized 23 group activity, and the location or nature of the activity, or the age of the participants, 24 makes it impractical for the participants in the activity to obtain medicinal products. 25 (c) Purchase or receipt of restricted amounts of certain listed chemicals is a 26 class C felony. 27 * Sec. 13. AS 12.30.023 is amended by adding a new subsection to read: 28 (b) In addition to conditions the court may impose under (a) of this section and 29 notwithstanding other provisions in this chapter, if the defendant is charged with 30 manufacturing methamphetamine under AS 11.71.020(a)(2), unless the defendant 31 proves to the satisfaction of the court that the defendant's only role in the offense was
01 as an aider or abettor and that the defendant did not stand to benefit financially from 02 the manufacturing, the court shall require the posting of a minimum of $250,000 cash 03 bond if the defendant has previously been convicted in this or another jurisdiction of 04 manufacturing, delivering, or possessing methamphetamine. 05 * Sec. 14. AS 12.55.125(c) is amended to read: 06 (c) Except as provided in (i) of this section, a defendant convicted of a class A 07 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 08 and shall be sentenced to a definite term within the following presumptive ranges, 09 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10 (1) if the offense is a first felony conviction and does not involve 11 circumstances described in (2) of this subsection, five to eight years; 12 (2) if the offense is a first felony conviction 13 (A) and the defendant possessed a firearm, used a dangerous 14 instrument, or caused serious physical injury or death during the commission 15 of the offense, or knowingly directed the conduct constituting the offense at a 16 uniformed or otherwise clearly identified peace officer, fire fighter, 17 correctional employee, emergency medical technician, paramedic, ambulance 18 attendant, or other emergency responder who was engaged in the performance 19 of official duties at the time of the offense, seven to 11 years; 20 (B) and the conviction is for manufacturing related to 21 methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years, 22 if 23 (i) the manufacturing occurred in a building with 24 reckless disregard that the building was used as a permanent or 25 temporary home or place of lodging for one or more children 26 under 18 years of age or the building was a place frequented by 27 children; or 28 (ii) in the course of manufacturing or in preparation 29 for manufacturing, the defendant obtained the assistance of one or 30 more children under 18 years of age or one or more children were 31 present;
01 (3) if the offense is a second felony conviction, 10 to 14 years; 02 (4) if the offense is a third felony conviction and the defendant is not 03 subject to sentencing under (l) of this section, 15 to 20 years. 04 * Sec. 15. AS 12.55.125(d) is amended to read: 05 (d) Except as provided in (i) of this section, a defendant convicted of a class B 06 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 07 and shall be sentenced to a definite term within the following presumptive ranges, 08 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (1) if the offense is a first felony conviction and does not involve 10 circumstances described in (2) of this subsection, one to three years; a defendant 11 sentenced under this paragraph may, if the court finds it appropriate, be granted a 12 suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 13 under AS 12.55.086, the defendant is required to serve an active term of imprisonment 14 within the range specified in this paragraph, unless the court finds that a mitigation 15 factor under AS 12.55.155 applies; 16 (2) if the offense is a first felony conviction, 17 (A) the defendant violated AS 11.41.130, and the victim was a 18 child under 16 years of age, two to four years; 19 (B) two to four years if the conviction is for an attempt, 20 solicitation, or conspiracy to manufacture related to methamphetamine 21 under AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and 22 (i) the attempted manufacturing occurred, or the 23 solicited or conspired offense was to have occurred, in a building 24 with reckless disregard that the building was used as a permanent 25 or temporary home or place of lodging for one or more children 26 under 18 years of age or the building was a place frequented by 27 children; or 28 (ii) in the course of an attempt to manufacture, the 29 defendant obtained the assistance of one or more children under 18 30 years of age or one or more children were present; 31 (3) if the offense is a second felony conviction, four to seven years;
01 (4) if the offense is a third felony conviction, six to 10 years. 02 * Sec. 16. AS 12.55.135 is amended by adding a new subsection to read: 03 (k) A court may not impose a sentence of imprisonment or suspended 04 imprisonment for possession of marijuana in violation of AS 11.71.060 if the 05 defendant alleges, and the court finds, that the defendant was not under formal or 06 informal probation or parole conditions in this or another jurisdiction at the time of the 07 offense; that the defendant possessed the marijuana for the defendant's personal use 08 within the defendant's permanent or temporary residence; and that the defendant has 09 not been previously convicted more than once in this or another jurisdiction for 10 possession of marijuana. If the defendant has not been previously convicted as 11 described in this subsection, the maximum unsuspended fine that the court may 12 impose is $500. If the defendant has been previously convicted once as described in 13 this subsection, the maximum unsuspended fine that the court may impose is $1,000. 14 In this subsection, 15 (1) "permanent or temporary residence" means a permanent structure 16 adopted for overnight accommodation; "permanent or temporary residence" does not 17 include 18 (A) vehicles, tents, prisons or other correctional facilities, 19 residential treatment facilities, or shelters operated by a charitable organization 20 or a government agency; 21 (B) any place where the defendant's possession or use of 22 marijuana violated established rules for residents, such as a ban on smoking or 23 a ban on marijuana or other controlled substances; 24 (2) "previously convicted" means the defendant entered a plea of 25 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, 26 regardless of whether the conviction was set aside under AS 12.55.085 or a similar 27 procedure in another jurisdiction, of possession of marijuana; "previously convicted" 28 does not include a judgment that has been reversed or vacated by a court. 29 * Sec. 17. AS 12.55.185 is amended by adding a new paragraph to read: 30 (19) "building" has the meaning given in AS 11.81.900. 31 * Sec. 18. AS 17.30 is amended by adding a new section to article 1 to read:
01 Sec. 17.30.090. Sale or dispensation of certain listed chemicals. (a) If a 02 product or substance contains ephedrine, pseudoephedrine, or phenylpropanolamine, 03 or their salts, isomers, or salts of isomers, or iodine or crystal iodine, a retailer or 04 employee or agent of a retailer may not sell, deliver, dispense, distribute, or in any 05 manner furnish the product or substance to a person unless the retailer or employee or 06 agent of the retailer confirms the identity of the person by current and valid 07 government-issued photo identification. 08 (b) If a product or substance contains ephedrine, pseudoephedrine, or 09 phenylpropanolamine, or their salts, isomers, or salts of isomers, or iodine or crystal 10 iodine, a retailer or employee or agent of a retailer may not offer to sell, deliver, 11 dispense, distribute, or in any manner furnish the product or substance unless it is 12 displayed behind a service counter so it is not accessible to the public or is kept in a 13 secure cabinet or storage area not accessible to the public. 14 (c) A retailer or employee or agent of a retailer may not sell, deliver, dispense, 15 distribute, or in any manner furnish a product or substance containing, ephedrine, 16 pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, 17 or iodine or crystal iodine, to a person who is under 18 years of age unless the person 18 is an emancipated minor or a member of the military. 19 (d) Nothing in this section limits the authority of a retailer or employee or 20 agent of a retailer regulated by this section to report to a law enforcement agency or 21 officer suspicious purchases of a chemical, product, or substance. A retailer or 22 employee or agent of a retailer is not liable in a civil action for release of information 23 to a law enforcement agency concerning matters related to this section. 24 (e) It is an affirmative defense to a prosecution under this section that the 25 retailer 26 (1) exercised the degree of care of a reasonable employer to ensure 27 compliance with (a) - (c) of this section; and 28 (2) determined that the employees and agents of the retailer had been 29 notified of the requirements of this section by 30 (A) securing the employee's or agent's written acknowledgment 31 of notification of those requirements; or
01 (B) making another appropriate determination. 02 (f) A person who knowingly violates (a), (b), or (c) of this section is guilty of 03 a class A misdemeanor, punishable upon conviction only by a fine in an amount not to 04 exceed $10,000. 05 (g) In this section, 06 (1) "agent" has the meaning given in AS 11.71.900; 07 (2) "deliver" has the meaning given in AS 11.71.900; 08 (3) "dispense" has the meaning given in AS 11.71.900; 09 (4) "distribute" has the meaning given in AS 11.71.900; 10 (5) "knowingly" has the meaning given in AS 11.81.900(a); 11 (6) "retailer" means a person, whether in this state or outside the state, 12 who deals with a product or substance described in (a) of this section, by selling, 13 delivering, dispensing, distribution, or in any manner furnishing the product or 14 substance to a person in this state who is the ultimate user or consumer of the product 15 or substance; "retailer" does not include a practitioner as defined in AS 11.71.900, but 16 does include a pharmacy. 17 * Sec. 19. AS 46.03.500 is amended by adding a new subsection to read: 18 (f) The department shall maintain on its Internet website a list of all properties 19 for which a notice has been issued under (a) of this section. For each of those 20 properties, the list must contain the parcel identification number, legal description, and 21 physical address and owner's name at the time the notice was issued. 22 * Sec. 20. AS 46.03.550(b) is amended to read: 23 (b) The department shall maintain a list of properties for which the department 24 has received notice under AS 46.03.500(c). When the department determines under (a) 25 of this section that a property on the list is fit for use, the department shall note on the 26 list maintained on its Internet website under AS 46.03.500(f), and on any other 27 list or database it maintains related to illegal drug manufacturing sites, that the 28 property is fit for use [REMOVE THE PROPERTY FROM THE LIST] and shall 29 notify the owner of the property that the property is fit for use. The property shall 30 remain on the lists or databases for five years after it is determined that the 31 property is fit for use and shall be removed from the lists or databases within
01 three months after the five year period has elapsed. On request, the department 02 shall give a copy of the list maintained under this section to any person who requests 03 the list. 04 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 INDIRECT COURT RULE AMENDMENT. Section 13 of this Act has the effect of 07 amending Rule 41, Alaska Rules of Criminal Procedure, by limiting the type and amount of 08 bond that can be posted to secure the pretrial release of certain defendants charged with 09 manufacturing methamphetamine under AS 11.71.020(a)(2). 10 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. For purposes of AS 12.55.135(k), enacted by sec. 16 of this Act, 13 "previously convicted" includes convictions as described in those provisions whether the 14 convictions occurred before, on, or after the effective date of this Act. 15 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. Sections 1 - 18, 21, and 22 of this Act apply to offenses committed 18 on or after the effective date of this Act. 19 * Sec. 24. This Act takes effect immediately under AS 01.10.070(c).