CSSB 56(JUD): "An Act relating to certain crimes involving controlled substances; and providing for an effective date."
00 CS FOR SENATE BILL NO. 56(JUD) 01 "An Act relating to certain crimes involving controlled substances; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 [(i)] schedule IA or IIA controlled 02 substance, and, two or more times within the preceding five years, the 03 person was convicted under 04 (i) AS 11.71.010 - 11.71.050; or 05 (ii) a law or ordinance of this or another jurisdiction 06 with elements similar to those of an offense under the provisions 07 described in (i) of this subparagraph [; OR (ii) IIA CONTROLLED 08 SUBSTANCE EXCEPT A CONTROLLED SUBSTANCE LISTED 09 IN AS 11.71.150(e)(11) - (15)]; 10 (B) 25 or more tablets, ampules, or syrettes containing a 11 schedule IIIA or IVA controlled substance; 12 (C) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of 14 (i) three grams or more containing a schedule IIIA or 15 IVA controlled substance except a controlled substance in a form listed 16 in (ii) of this subparagraph; 17 (ii) 12 grams or more containing a schedule IIIA 18 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 19 sprayed on or otherwise applied to tobacco, an herb, or another organic 20 material; or 21 (iii) 500 milligrams or more of a schedule IIA 22 controlled substance listed in AS 11.71.150(e)(11) - (15); 23 (D) 50 or more tablets, ampules, or syrettes containing a 24 schedule VA controlled substance; 25 (E) one or more preparations, compounds, mixtures, or 26 substances of an aggregate weight of six grams or more containing a schedule 27 VA controlled substance; 28 (F) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of four ounces or more containing a 30 schedule VIA controlled substance; [OR] 31 (G) 25 or more plants of the genus cannabis;
01 (H) 15 or more tablets, ampules, or syrettes containing a 02 schedule IA or IIA controlled substance; or 03 (I) one or more preparations, compounds, mixtures, or 04 substances of an aggregate weight of 05 (i) three grams or more containing a schedule IA or 06 IIA controlled substance except a controlled substance listed in (ii) 07 or (iii) of this subparagraph; 08 (ii) 500 milligrams or more of a schedule IA 09 controlled substance listed in AS 11.71.140(d)(11); or 10 (iii) 300 milligrams or more of a schedule IIA 11 controlled substance listed in AS 11.71.150(b)(12); 12 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 13 (A) with reckless disregard that the possession occurs 14 (i) on or within 500 feet of school grounds; or 15 (ii) at or within 500 feet of a recreation or youth center; 16 or 17 (B) on a school bus; 18 (5) knowingly keeps or maintains any store, shop, warehouse, 19 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 20 keeping or distributing controlled substances in violation of a felony offense under this 21 chapter or AS 17.30; 22 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 23 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 24 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 25 drug container, or labeling so as to render the drug a counterfeit substance; 26 (7) knowingly uses in the course of the manufacture or distribution of a 27 controlled substance a registration number that is fictitious, revoked, suspended, or 28 issued to another person; 29 (8) knowingly furnishes false or fraudulent information in or omits 30 material information from any application, report, record, or other document required 31 to be kept or filed under AS 17.30;
01 (9) obtains possession of a controlled substance by misrepresentation, 02 fraud, forgery, deception, or subterfuge; or 03 (10) affixes a false or forged label to a package or other container 04 containing any controlled substance. 05 * Sec. 2. AS 11.71.050(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 fifth degree if the person 08 (1) manufactures or delivers, or possesses with the intent to 09 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 10 of an aggregate weight of less than one ounce containing a schedule VIA controlled 11 substance; 12 (2) possesses 13 (A) less than 25 tablets, ampules, or syrettes containing a 14 schedule IIIA or IVA controlled substance; 15 (B) one or more preparations, compounds, mixtures, or 16 substances of an aggregate weight of less than 17 (i) three grams containing a schedule IIIA or IVA 18 controlled substance except a controlled substance in a form listed in 19 (ii) of this subparagraph; 20 (ii) 12 grams but more than six grams containing a 21 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 22 that has been sprayed on or otherwise applied to tobacco, an herb, or 23 another organic material; or 24 (iii) 500 milligrams containing a schedule IIA 25 controlled substance listed in AS 11.71.150(e)(11) - (15); 26 (C) less than 50 tablets, ampules, or syrettes containing a 27 schedule VA controlled substance; 28 (D) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of less than six grams containing a schedule 30 VA controlled substance; [OR] 31 (E) one or more preparations, compounds, mixtures, or
01 substances of an aggregate weight of one ounce or more containing a schedule 02 VIA controlled substance; 03 (F) less than 15 tablets, ampules, or syrettes containing a 04 schedule IA or IIA controlled substance; or 05 (G) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of less than 07 (i) three grams containing a schedule IA or IIA 08 controlled substance except a controlled substance listed in (ii) or 09 (iii) of this subparagraph; 10 (ii) 500 milligrams of a schedule IA controlled 11 substance listed in AS 11.71.140(d)(11); or 12 (iii) 300 milligrams of a schedule IIA controlled 13 substance listed in AS 11.71.150(b)(12); or 14 (3) fails to make, keep, or furnish any record, notification, order form, 15 statement, invoice, or information required under AS 17.30. 16 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. This Act applies to offenses committed on or after the effective 19 date of this Act, except that references to previous convictions in AS 11.71.040(a)(3), as 20 amended by sec. 1 of this Act, include convictions occurring before, on, or after the effective 21 date of this Act. 22 * Sec. 4. AS 11.71.040(a)(3)(C)(iii) and 11.71.050(a)(2)(B)(iii) are repealed. 23 * Sec. 5. This Act takes effect July 1, 2013.