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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                                 
01       chain.                                                                                                        
02    * Sec. 5. This Act takes effect July 1, 2011.