Enrolled SB 173: Relating to a prohibition on the possession, offer, display, marketing, advertising for sale, or sale of illicit synthetic drugs.
00Enrolled SB 173 01 Relating to a prohibition on the possession, offer, display, marketing, advertising for sale, or 02 sale of illicit synthetic drugs. 03 _______________ 04 * Section 1. AS 17 is amended by adding a new chapter to read: 05 Chapter 21. Illicit Synthetic Drugs. 06 Sec. 17.21.010. Illicit synthetic drugs. (a) A person may not possess, offer, 07 display, market, advertise for sale, or sell an illicit synthetic drug. 08 (b) A synthetic drug is illicit if 09 (1) the label 10 (A) is false or misleading; 11 (B) does not specify the identity of the substances contained in 12 the synthetic drug; or 13 (C) does not specify the name and place of business of the 14 manufacturer, packer, or distributor; and 15 (2) the synthetic drug has one or more of the following characteristics:
01 (A) the packaging or labeling of the synthetic drug suggests 02 that the user will achieve euphoria, a hallucination, mood enhancement, 03 relaxation, stimulation, or another effect on the body; 04 (B) the name or packaging of the synthetic drug uses images or 05 labels suggesting that it is a controlled substance or has the effect of a 06 controlled substance; 07 (C) the synthetic drug resembles a controlled substance in 08 appearance, in chemical structure, or composition; 09 (D) the synthetic drug is marketed or advertised for a particular 10 use or purpose and the cost of the synthetic drug is disproportionately higher 11 than other products marketed or advertised for the same or similar use or 12 purpose; 13 (E) the synthetic drug contains a warning label stating or 14 suggesting that the synthetic drug is in compliance with state laws regulating 15 controlled substances; 16 (F) the synthetic drug is a product to which has been added a 17 synthetic chemical or synthetic chemical compound that does not have a 18 legitimate relationship to the advertised use of the product. 19 (c) It is an affirmative defense to an action for a violation of this section that a 20 product is expressly exempted from or is expressly regulated under and is in 21 compliance with state or federal law. In this subsection, "affirmative defense" has the 22 meaning given in AS 11.81.900. 23 Sec. 17.21.020. Exemption. AS 17.21.010 does not apply to a synthetic drug 24 intended solely for investigational use by experts qualified by scientific training and 25 experience to investigate the safety of drugs if the drug is plainly labeled "for 26 investigational use only," and the investigational use is authorized by state or federal 27 law. 28 Sec. 17.21.030. Enforcement and penalties. (a) The commissioner of public 29 safety is responsible for enforcing this chapter and may 30 (1) delegate that authority as appropriate; and 31 (2) cooperate with the Department of Health and Social Services in
01 carrying out the commissioner's enforcement activities. 02 (b) This section does not limit the authority of a peace officer. 03 (c) A person who violates AS 17.21.010 is guilty of a violation, and, upon 04 conviction, is punishable by a fine of not more than $500. 05 (d) The provisions of this section are in addition to the remedies available 06 under AS 45.50.471 - 45.50.561. 07 Sec. 17.21.090. Definitions. In this chapter, unless the context clearly requires 08 otherwise, 09 (1) "controlled substance" has the meaning given in AS 11.71.900; 10 (2) "drug" has the meaning given in AS 17.20.370; 11 (3) "synthetic drug" means a substance that is 12 (A) a chemical or chemical compound intended, when 13 introduced into the human body, to mimic or simulate the effect of a drug or 14 controlled substance; 15 (B) in the form of 16 (i) a crystalline or powder product in crystalline, loose 17 powder, block, tablet, or capsule form; or 18 (ii) plant material in granular, loose leaf, powder, or 19 liquid form or used as a food additive; and 20 (C) not a controlled substance. 21 * Sec. 2. AS 44.29.020 is amended by adding a new subsection to read: 22 (c) The Department of Health and Social Services shall cooperate with the 23 Department of Public Safety in enforcement of the prohibition on the possession, 24 offer, display, marketing, advertising, or sale of illicit synthetic drugs under AS 17.21.