SCS CSHB 7(JUD): "An Act classifying certain substances as schedule IIIA controlled substances and relating to penalties for possession of those substances; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 7(JUD) 01 "An Act classifying certain substances as schedule IIIA controlled substances and 02 relating to penalties for possession of those substances; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.71.040(a) is amended to read: 06 (a) Except as authorized in AS 17.30, a person commits the crime of 07 misconduct involving a controlled substance in the fourth degree if the person 08 (1) manufactures or delivers any amount of a schedule IVA or VA 09 controlled substance or possesses any amount of a schedule IVA or VA controlled 10 substance with intent to manufacture or deliver; 11 (2) manufactures or delivers, or possesses with the intent to 12 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 13 of an aggregate weight of one ounce or more containing a schedule VIA controlled 14 substance;
01 (3) possesses 02 (A) any amount of a schedule IA or IIA controlled substance; 03 (B) 25 or more tablets, ampules, or syrettes containing a 04 schedule IIIA or IVA controlled substance; 05 (C) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of 07 (i) three grams or more containing a schedule IIIA or 08 IVA controlled substance except a controlled substance in a form 09 listed in (ii) of this subparagraph; 10 (ii) 12 grams or more containing a schedule IIIA 11 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 12 sprayed on or otherwise applied to tobacco, an herb, or another 13 organic material; 14 (D) 50 or more tablets, ampules, or syrettes containing a 15 schedule VA controlled substance; 16 (E) one or more preparations, compounds, mixtures, or 17 substances of an aggregate weight of six grams or more containing a schedule 18 VA controlled substance; 19 (F) one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of four ounces or more containing a 21 schedule VIA controlled substance; or 22 (G) 25 or more plants of the genus cannabis; 23 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 24 (A) with reckless disregard that the possession occurs 25 (i) on or within 500 feet of school grounds; or 26 (ii) at or within 500 feet of a recreation or youth center; 27 or 28 (B) on a school bus; 29 (5) knowingly keeps or maintains any store, shop, warehouse, 30 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 31 keeping or distributing controlled substances in violation of a felony offense under this
01 chapter or AS 17.30; 02 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 03 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 04 mark, imprint, or device of another or any likeness of any of these upon a drug, drug 05 container, or labeling so as to render the drug a counterfeit substance; 06 (7) knowingly uses in the course of the manufacture or distribution of a 07 controlled substance a registration number that is fictitious, revoked, suspended, or 08 issued to another person; 09 (8) knowingly furnishes false or fraudulent information in or omits 10 material information from any application, report, record, or other document required 11 to be kept or filed under AS 17.30; 12 (9) obtains possession of a controlled substance by misrepresentation, 13 fraud, forgery, deception, or subterfuge; or 14 (10) affixes a false or forged label to a package or other container 15 containing any controlled substance. 16 * Sec. 2. AS 11.71.050(a) is amended to read: 17 (a) Except as authorized in AS 17.30, a person commits the crime of 18 misconduct involving a controlled substance in the fifth degree if the person 19 (1) manufactures or delivers, or possesses with the intent to 20 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 21 of an aggregate weight of less than one ounce containing a schedule VIA controlled 22 substance; 23 (2) possesses 24 (A) less than 25 tablets, ampules, or syrettes containing a 25 schedule IIIA or IVA controlled substance; 26 (B) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of less than 28 (i) three grams containing a schedule IIIA or IVA 29 controlled substance except a controlled substance in a form listed in 30 (ii) of this subparagraph; 31 (ii) 12 grams but more than six grams containing a
01 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 02 (16) that has been sprayed on or otherwise applied to tobacco, an 03 herb, or another organic material; 04 (C) less than 50 tablets, ampules, or syrettes containing a 05 schedule VA controlled substance; 06 (D) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of less than six grams containing a schedule 08 VA controlled substance; or 09 (E) one or more preparations, compounds, mixtures, or 10 substances of an aggregate weight of one ounce or more containing a schedule 11 VIA controlled substance; or 12 (3) fails to make, keep, or furnish any record, notification, order form, 13 statement, invoice, or information required under AS 17.30. 14 * Sec. 3. AS 11.71.060(a) is amended to read: 15 (a) Except as authorized in AS 17.30, a person commits the crime of 16 misconduct involving a controlled substance in the sixth degree if the person 17 (1) uses or displays any amount of a schedule VIA controlled 18 substance; 19 (2) possesses one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of 21 (A) less than one ounce containing a schedule VIA controlled 22 substance; 23 (B) six grams or less containing a schedule IIIA controlled 24 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 25 otherwise applied to tobacco, an herb, or another organic material; or 26 (3) refuses entry into a premise for an inspection authorized under 27 AS 17.30. 28 * Sec. 4. AS 11.71.160(f) is amended to read: 29 (f) Schedule IIIA includes, unless specifically excepted or unless listed in 30 another schedule, any material, compound, mixture, or preparation that contains 31 any quantity of the following substances or that contains any of its salts, isomers,
01 whether optical, position, or geometric, or salts of isomers whenever the existence 02 of those salts, isomers, or salts of isomers is possible within the specific chemical 03 designation: 04 (1) hashish; 05 (2) hash oil or hashish oil; 06 (3) tetrahydrocannabinols; 07 (4) parahexyl; 08 (5) dronabinol (synthetic) in sesame oil and encapsulated in a soft 09 gelatin capsule in a U.S. Food and Drug Administration approved drug product; 10 [AND] 11 (6) nabilone; 12 (7) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan- 13 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, also known as HU-210; 14 (8) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan- 15 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, also known as Dexanabinol or 16 HU-211; 17 (9) 1-pentyl-3-(1-naphthoyl)indole, also known as JWH-018; 18 (10) 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073; 19 (11) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone, 20 also known as JWH-015; 21 (12) 1-pentyl-3-(4-chloro-1-naphthoyl)indole, also known as JWH- 22 398; 23 (13) 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 24 JWH-250; 25 (14) 1-hexyl-3-(1-naphthoyl)indole, also known as JWH-019; 26 (15) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole, also 27 known as JWH-200; 28 (16) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2- 29 yl)phenol, also known as CP 47, 497, and its dimethyloctyl (C8) homologue; in 30 this paragraph, "homologue" means a chemical compound in a series in which 31 each compound differs by one or more alkyl functional groups on an alkyl side