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SB 66: "An Act relating to imitation controlled substances; and providing for an effective date."

00 SENATE BILL NO. 66 01 "An Act relating to imitation controlled substances; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.73.099(3) is amended to read: 05 (3) "imitation controlled substance" means a substance 06 [CONTAINING EPHEDRINE, EPHEDRINE SULFATE, PSEUDOEPHEDRINE, 07 PSEUDOEPHEDRINE HYDROCHLORIDE, PHENYLPROPANOLAMINE, 08 CAFFEINE, THEOPHYLLINE, LIDOCAINE, PROCAINE, TETRACAINE, 09 DYCLONINE, ACETAMINOPHEN, SALICYLAMIDE, DOXYLAMINE, 10 DIPHENHYDRAMINE, PHENIRAMINE, CHLORPHENIRAMINE, OR 11 PRYRILAMINE, OR THEIR SALTS,] that is not a controlled substance [,] and that, 12 by dosage unit appearance (including color, shape, size, and markings) and by 13 representations, would lead a reasonable person to believe that the substance is a 14 controlled substance; the term "representations," ["REPRESENTATIONS",] as used

01 in this paragraph, includes 02 (A) statements made by an owner or by anyone else in control 03 of the substance concerning the nature of the substance [,] or its use or effect; 04 (B) statements made to the recipient that the substance may be 05 resold for inordinate profit; 06 (C) whether the substance is packaged in a manner normally 07 used for controlled substances; 08 (D) evasive tactics or actions used by the owner or person in 09 control of the substance to avoid detection by law enforcement authorities; 10 (E) the storage, packaging, presentation, display of, or 11 reference to a controlled substance with, near, or in connection with the 12 activity involving the imitation controlled substance; 13 * Sec. 2. AS 11.73.020 is repealed. 14 * Sec. 3. This Act takes effect July 1, 2013.