HB 327: "An Act relating to the scheduling and rescheduling of certain substances as controlled substances and to the sale of products containing dextromethorphan."
00 HOUSE BILL NO. 327 01 "An Act relating to the scheduling and rescheduling of certain substances as controlled 02 substances and to the sale of products containing dextromethorphan." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71.150(b) is amended to read: 05 (b) Schedule IIA includes, unless specifically excepted or unless listed in 06 another schedule, any material, compound, mixture, or preparation that [WHICH] 07 contains any quantity of the following hallucinogenic substances, or that [WHICH] 08 contains any of its salts, isomers, whether optical, position, or geometric, or salts of 09 isomers whenever the existence of these salts, isomers, or salts of isomers is possible 10 within the specific chemical designation: 11 (1) 4-bromo-2, 5-dimethoxy-amphetamine, also known as 4-bromo-2, 12 5-dimethoxy-a-methylphenethylamine and 4-bromo-2, DMA; 13 (2) 2,5-dimethoxyamphetamine, also known as 2,5-dimethoxy-a- 14 methylphenethylamine and 2,5-DMA;
01 (3) 4-methoxyamphetamine, also known as 4-methoxy-a- 02 methylphenethylamine and paramethoxyamphetamine, PMA; 03 (4) 5-methoxy-3,4-methylenedioxy-amphetamine; 04 (5) 4-methyl-2,5-dimethoxy-amphetamine, also known as 4-methyl- 05 2,5-dimethoxy-a-methylphenethylamine; 06 (6) 3,4-methylenedioxy amphetamine; 07 (7) 3,4,5-trimethoxy amphetamine; 08 (8) bufotenine, also known as 3-(B-dimethylaminoethyl)-5- 09 hydroxyindole, 3-(2-dimethylaminoethyl)-5-indolol, N, N-dimethylserotonin; 5- 10 hydroxy-N, N-dimethyltryptamine, and mappine; 11 (9) diethyltryptamine, also known as N, N-diethyltryptamine and DET; 12 (10) dimethyltryptamine, also known as DMT; 13 (11) ibogaine, also known as 7-ethyl-6, 6B, 7, 8, 9, 10, 12, 13- 14 octahydro-2-methoxy-6, 9-methano-5H-pyrido [1',2': 1, 2] azepino [5, 4-b] indole and 15 tabernanthe iboga; 16 (12) lysergic acid diethylamide, also known as LSD; 17 (13) mescaline; 18 (14) n-ethyl-3-piperidyl benzilate; 19 (15) n-methyl-3-piperidyl benzilate; 20 (16) peyote; 21 (17) analogs of phencyclidine (PCP), including: 22 (A) ethylamine analog, also known by some trade or other 23 names as follows: N-ethyl-1-phenylcyclohexylamine (1-phenylcyclohexyl)- 24 ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE; 25 (B) pyrrolidine analog, also known by some trade or other 26 names as follows: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPY, PHP; 27 (C) thiophene analog, also known as 1-[1-(2-thienyl) 28 cyclohexyl]piperidine and 2-thienylanalog of phencyclidine, TPCP, and TCP; 29 (D) 1-[1-(2-thienyl)-cyclohexyl]-pyrrolidine, also known as 30 TCPy; 31 (18) psilocybine;
01 (19) psilocyn; 02 (20) 3,4-methylenedioxymethamphetamine (MDMA); 03 (21) Salvia divinorum; 04 (22) Salvinorin A (Divinorin A). 05 * Sec. 2. AS 11.71.160 is amended by adding a new subsection to read: 06 (g) Schedule III A includes any material, compound, mixture, or preparation 07 of the narcotic drug buprenorphine or its salts. 08 * Sec. 3. AS 17.30 is amended by adding a new section to article 1 to read: 09 Sec. 17.30.095. Sale of products containing dextromethorphan. (a) A 10 person may not sell a product containing dextromethorphan to another person unless 11 (1) the person checks a government-issued photo identification and 12 determines the person is 18 years of age or older; or 13 (2) the person is under the age of 18 and has a prescription for the 14 product issued by a licensed practitioner. 15 (b) A person who sells products containing dextromethorphan must clearly 16 mark the products as for sale only to persons 18 years of age or older or by 17 prescription or limit the access of the public to the product by its placement behind a 18 counter or by similar means. 19 (c) A seller, retailer, or vendor does not violate this section if the seller, 20 retailer, or vendor proves by a preponderance of the evidence that the seller, retailer, 21 or vendor 22 (1) exercised the degree of care of a reasonable employer to ensure 23 compliance with (a) - (c) of this section; and 24 (2) determined that the employees and agents of the seller, retailer, or 25 vendor had been notified of the requirements of this section by 26 (A) securing each employee's or agent's written 27 acknowledgment of notification of those requirements; or 28 (B) making another appropriate determination. 29 (d) A person who recklessly sells a product in violation of (a) of this section or 30 recklessly fails to mark or restrict access as required by (b) of this section is guilty of a 31 class B misdemeanor.
01 * Sec. 4. AS 11.71.180(d) is repealed.