Enrolled SB 140: Classifying certain substances as schedule IIA controlled substances and providing penalties relating to those substances; and providing for an effective date.
00Enrolled SB 140 01 Classifying certain substances as schedule IIA controlled substances and providing penalties 02 relating to those substances; and providing for an effective date. 03 _______________ 04 * Section 1. AS 11.71.040(a) is amended to read: 05 (a) Except as authorized in AS 17.30, a person commits the crime of 06 misconduct involving a controlled substance in the fourth degree if the person 07 (1) manufactures or delivers any amount of a schedule IVA or VA 08 controlled substance or possesses any amount of a schedule IVA or VA controlled 09 substance with intent to manufacture or deliver; 10 (2) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 12 of an aggregate weight of one ounce or more containing a schedule VIA controlled 13 substance; 14 (3) possesses
01 (A) any amount of a 02 (i) schedule IA controlled substance; or 03 (ii) IIA controlled substance except a controlled 04 substance listed in AS 11.71.150(e)(11) - (15); 05 (B) 25 or more tablets, ampules, or syrettes containing a 06 schedule IIIA or IVA controlled substance; 07 (C) one or more preparations, compounds, mixtures, or 08 substances of an aggregate weight of 09 (i) three grams or more containing a schedule IIIA or 10 IVA controlled substance except a controlled substance in a form listed 11 in (ii) of this subparagraph; 12 (ii) 12 grams or more containing a schedule IIIA 13 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 14 sprayed on or otherwise applied to tobacco, an herb, or another organic 15 material; or 16 (iii) 500 milligrams or more of a schedule IIA 17 controlled substance listed in AS 11.71.150(e)(11) - (15); 18 (D) 50 or more tablets, ampules, or syrettes containing a 19 schedule VA controlled substance; 20 (E) one or more preparations, compounds, mixtures, or 21 substances of an aggregate weight of six grams or more containing a schedule 22 VA controlled substance; 23 (F) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of four ounces or more containing a 25 schedule VIA controlled substance; or 26 (G) 25 or more plants of the genus cannabis; 27 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 28 (A) with reckless disregard that the possession occurs 29 (i) on or within 500 feet of school grounds; or 30 (ii) at or within 500 feet of a recreation or youth center; 31 or
01 (B) on a school bus; 02 (5) knowingly keeps or maintains any store, shop, warehouse, 03 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 04 keeping or distributing controlled substances in violation of a felony offense under this 05 chapter or AS 17.30; 06 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 07 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 08 mark, imprint, or device of another or any likeness of any of these upon a drug, drug 09 container, or labeling so as to render the drug a counterfeit substance; 10 (7) knowingly uses in the course of the manufacture or distribution of a 11 controlled substance a registration number that is fictitious, revoked, suspended, or 12 issued to another person; 13 (8) knowingly furnishes false or fraudulent information in or omits 14 material information from any application, report, record, or other document required 15 to be kept or filed under AS 17.30; 16 (9) obtains possession of a controlled substance by misrepresentation, 17 fraud, forgery, deception, or subterfuge; or 18 (10) affixes a false or forged label to a package or other container 19 containing any controlled substance. 20 * Sec. 2. AS 11.71.050(a) is amended to read: 21 (a) Except as authorized in AS 17.30, a person commits the crime of 22 misconduct involving a controlled substance in the fifth degree if the person 23 (1) manufactures or delivers, or possesses with the intent to 24 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 25 of an aggregate weight of less than one ounce containing a schedule VIA controlled 26 substance; 27 (2) possesses 28 (A) less than 25 tablets, ampules, or syrettes containing a 29 schedule IIIA or IVA controlled substance; 30 (B) one or more preparations, compounds, mixtures, or 31 substances of an aggregate weight of less than
01 (i) three grams containing a schedule IIIA or IVA 02 controlled substance except a controlled substance in a form listed in 03 (ii) of this subparagraph; 04 (ii) 12 grams but more than six grams containing a 05 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 06 that has been sprayed on or otherwise applied to tobacco, an herb, or 07 another organic material; or 08 (iii) 500 milligrams containing a schedule IIA 09 controlled substance listed in AS 11.71.150(e)(11) - (15); 10 (C) less than 50 tablets, ampules, or syrettes containing a 11 schedule VA controlled substance; 12 (D) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of less than six grams containing a schedule 14 VA controlled substance; or 15 (E) one or more preparations, compounds, mixtures, or 16 substances of an aggregate weight of one ounce or more containing a schedule 17 VIA controlled substance; or 18 (3) fails to make, keep, or furnish any record, notification, order form, 19 statement, invoice, or information required under AS 17.30. 20 * Sec. 3. AS 11.71.150(e) is amended to read: 21 (e) Schedule IIA includes, unless specifically excepted or unless listed in 22 another schedule, any material, compound, mixture, or preparation which contains any 23 quantity of the following substances having a stimulant effect on the nervous system: 24 (1) amphetamine, its salts, optical isomers, and salts of its optical 25 isomers; 26 (2) methamphetamine, its salts, isomers, and salts of its isomers; 27 (3) methylphenidate; 28 (4) phenmetrazine and its salts; 29 (5) fenethylline; 30 (6) N-ethylamphetamine; 31 (7) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
01 alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, and MDEA; 02 (8) N-hydroxy-3,4-methylenedioxyamphetamine, also known as N- 03 hydroxy-alpha-methyl-3,4-(methylenedioxy)phenethylamine, and N-hydroxy MDA; 04 (9) 4-methylaminorex, also known as 2-amino-4-methyl-5-phenyl-2- 05 oxazoline; 06 (10) N,N-dimethylamphetamine, also known as N,N,alpha- 07 trimethylybenzencethaneamine or N,N,alpha-trimethylphenethyline, its salts, optical 08 isomers, and salts of optical isomers; 09 (11) cathinone; 10 (12) 2-methylamino-1-phenylpropan-1-one, also known as 11 methcathinone and cat, its salts, optical isomers, and salts of isomers; 12 (13) 4-methylmethcathinone, also known as mephedrone, its salts, 13 isomers, and salts of isomers; 14 (14) 3,4-methylenedioxypyrovalerone, also known as MDPV, its 15 salts, isomers, and salts of isomers; 16 (15) substituted cathinones, including any compound, except 17 bupropion or a compound listed in another schedule, structurally derived from 18 2-amino-1-phenyl-1-propanone by modification in any of the following ways: 19 (A) by substitution in the phenyl ring to any extent with 20 alkyl, alkoxy, alkylenedioxy, haloalkyl, hydroxyl, or halide substituents, 21 whether or not further substituted in the phenyl ring by one or more other 22 univalent substituents; 23 (B) by substitution at the 3-position with an alkyl 24 substituent; 25 (C) by substitution at the nitrogen atom with alkyl or 26 dialkyl groups or by inclusion of the nitrogen atom in a cyclic structure. 27 * Sec. 4. AS 11.71.140(b)(5) is repealed. 28 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).