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HB 79: "An Act relating to controlled substances; relating to marijuana; relating to driving motor vehicles when there is an open marijuana container; and providing for an effective date."

00                              HOUSE BILL NO. 79                                                                          
01 "An Act relating to controlled substances; relating to marijuana; relating to driving                                   
02 motor vehicles when there is an open marijuana container; and providing for an                                          
03 effective 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 more than one ounce [OR MORE] containing a schedule                                 
14       VIA controlled substance;                                                                                         
01                 (3)  possesses                                                                                          
02                      (A)  any amount of a                                                                               
03                           (i)  schedule IA controlled substance; or                                                     
04                           (ii)  IIA controlled substance except a controlled                                            
05                 substance listed in AS 11.71.150(e)(11) - (15);                                                         
06                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
07            schedule IIIA or IVA controlled substance;                                                                   
08                      (C)  one or more preparations, compounds, mixtures, or                                             
09            substances of an aggregate weight of                                                                         
10                           (i)  three grams or more containing a schedule IIIA or                                        
11                 IVA controlled substance except a controlled substance in a form listed                                 
12                 in (ii) of this subparagraph;                                                                           
13                           (ii)  12 grams or more containing a schedule IIIA                                             
14                 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                  
15                 sprayed on or otherwise applied to tobacco, an herb, or another organic                                 
16                 material; or                                                                                            
17                           (iii)  500 milligrams or more of a schedule IIA                                               
18                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
19                      (D)  50 or more tablets, ampules, or syrettes containing a                                         
20            schedule VA controlled substance;                                                                            
21                      (E)  one or more preparations, compounds, mixtures, or                                             
22            substances of an aggregate weight of six grams or more containing a schedule                                 
23            VA controlled substance;                                                                                     
24                      (F)  one or more preparations, compounds, mixtures, or                                             
25            substances of an aggregate weight of four ounces or more containing a                                        
26            schedule VIA controlled substance; or                                                                        
27                      (G)  25 or more plants of the genus cannabis;                                                      
28                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
29                      (A)  with reckless disregard that the possession occurs                                            
30                           (i)  on or within 500 feet of school grounds; or                                              
31                           (ii)  at or within 500 feet of a recreation or youth center;                                  
01                 or                                                                                                      
02                      (B)  on a school bus;                                                                              
03                 (5)  knowingly keeps or maintains any store, shop, warehouse,                                           
04       dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                         
05       keeping or distributing controlled substances in violation of a felony offense under this                         
06       chapter or AS 17.30;                                                                                              
07                 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                 
08       thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                          
09       mark, imprint, or device of another or any likeness of any of these upon a drug, drug                             
10       container, or labeling so as to render the drug a counterfeit substance;                                          
11                 (7)  knowingly uses in the course of the manufacture or distribution of a                               
12       controlled substance a registration number that is fictitious, revoked, suspended, or                             
13       issued to another person;                                                                                         
14                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
15       material information from any application, report, record, or other document required                             
16       to be kept or filed under AS 17.30;                                                                               
17                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
18       fraud, forgery, deception, or subterfuge; or                                                                      
19                 (10)  affixes a false or forged label to a package or other container                                   
20       containing any controlled substance.                                                                              
21    * Sec. 2. AS 11.71.050(a) is amended to read:                                                                      
22            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
23       misconduct involving a controlled substance in the fifth degree if the person                                     
24                 (1)  manufactures or delivers, or possesses with the intent to                                          
25       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
26       of an aggregate weight of one ounce or less [THAN ONE OUNCE] containing a                                     
27       schedule VIA controlled substance;                                                                                
28                 (2)  possesses                                                                                          
29                      (A)  less than 25 tablets, ampules, or syrettes containing a                                       
30            schedule IIIA or IVA controlled substance;                                                                   
31                      (B)  one or more preparations, compounds, mixtures, or                                             
01            substances of an aggregate weight of less than                                                               
02                           (i)  three grams containing a schedule IIIA or IVA                                            
03                 controlled substance except a controlled substance in a form listed in                                  
04                 (ii) of this subparagraph;                                                                              
05                           (ii)  12 grams but more than six grams containing a                                           
06                 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16)                                  
07                 that has been sprayed on or otherwise applied to tobacco, an herb, or                                   
08                 another organic material; or                                                                            
09                           (iii)  500 milligrams containing a schedule IIA                                               
10                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
11                      (C)  less than 50 tablets, ampules, or syrettes containing a                                       
12            schedule VA controlled substance;                                                                            
13                      (D)  one or more preparations, compounds, mixtures, or                                             
14            substances of an aggregate weight of less than six grams containing a schedule                               
15            VA controlled substance; or                                                                                  
16                      (E)  one or more preparations, compounds, mixtures, or                                             
17            substances of an aggregate weight of more than one ounce but less than four                          
18            ounces [OR MORE] containing a schedule VIA controlled substance; [OR]                                    
19                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
20       statement, invoice, or information required under AS 17.30;                                                   
21                 (4)  under circumstances not proscribed under AS 11.71.030(a)(2),                                   
22       delivers any amount of a schedule VIA controlled substance to a person under 21                               
23       years of age; or                                                                                              
24                 (5)  manufactures a schedule VIA controlled substance through use                                   
25       of a solvent-based extraction method using a substance other than vegetable                                   
26       glycerin.                                                                                                     
27    * Sec. 3. AS 11.71.060(a) is amended to read:                                                                      
28            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
29       misconduct involving a controlled substance in the sixth degree if the person                                     
30                 (1)  uses or displays any amount of a schedule VIA controlled                                           
31       substance under circumstances not proscribed under AS 11.71.065;                                              
01                 (2)  possesses one or more preparations, compounds, mixtures, or                                        
02       substances of an aggregate weight of                                                                              
03                      (A)  [LESS THAN] one ounce or less containing a schedule                                       
04            VIA controlled substance;                                                                                    
05                      (B)  six grams or less containing a schedule IIIA controlled                                       
06            substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                    
07            otherwise applied to tobacco, an herb, or another organic material; or                                       
08                 (3)  refuses entry into a premise for an inspection authorized under                                    
09       AS 17.30.                                                                                                         
10    * Sec. 4. AS 11.71 is amended by adding new sections to read:                                                      
11            Sec. 11.71.065. Misconduct involving a controlled substance in the seventh                                 
12       degree. (a) Except as authorized in AS 17.30, a person commits the offense of                                   
13       misconduct involving a controlled substance in the seventh degree if the person                                   
14                 (1)  is 21 years of age or older and uses or displays any amount of a                                   
15       schedule VIA controlled substance in a public place; or                                                           
16                 (2)  is under 21 years of age but at least 18 years of age and uses,                                    
17       displays, or possesses one ounce or less of a schedule VIA controlled substance.                                  
18            (b)  Misconduct involving a controlled substance in the seventh degree is a                                  
19       violation and is punishable by a fine of not more than $100.                                                      
20            Sec. 11.71.067. Misconduct involving a controlled substance by a licensee.                                 
21       (a) A marijuana establishment licensed under AS 17.38 or an agent or employee of the                              
22       licensee may not, under circumstances not proscribed under AS 11.71.030(a)(2), with                               
23       criminal negligence                                                                                               
24                 (1)  allow another person to deliver a schedule VIA controlled                                          
25       substance to a person under 21 years of age within the licensed premises;                                         
26                 (2)  allow a person under 21 years of age to enter and remain within                                    
27       licensed premises;                                                                                                
28                 (3)  allow a person under 21 years of age to use a schedule VIA                                         
29       controlled substance within the licensed premises;                                                                
30                 (4)  allow a person under 21 years of age to deliver a schedule VIA                                     
31       controlled substance; or                                                                                          
01                 (5)  while working on licensed premises, deliver a schedule VIA                                         
02       controlled substance to a person under 21 years of age.                                                           
03            (b)  Misconduct involving a controlled substance by a licensee is a class A                                  
04       misdemeanor.                                                                                                      
05    * Sec. 5. AS 11.71 is amended by adding a new section to article 1 to read:                                        
06            Sec. 11.71.092. Defense to a prosecution under AS 11.71.040 - 11.71.060.                                   
07       (a) In a prosecution under AS 11.71.040 - 11.71.060 charging the manufacture,                                     
08       delivery, possession, possession with intent to manufacture or deliver, use, or display                           
09       of a schedule VIA controlled substance, it is a defense that the defendant was 21 years                           
10       of age or older at the time of the manufacture, delivery, possession, possession with                             
11       intent to manufacture or deliver, use, or display, and                                                            
12                 (1)  if the charge is for delivery, the defendant delivered one ounce or                                
13       less of a schedule VIA controlled substance and not more than six immature marijuana                              
14       plants to a person 21 years of age or older at the time of the delivery and the delivery                          
15       was without benefit to the defendant;                                                                             
16                 (2)  if the charge is for possession, manufacture, or possession with the                               
17       intent to manufacture, the possession or manufacture                                                              
18                      (A)  was of one ounce or less of marijuana, or six marijuana                                       
19            plants or less, with not more than three mature, flowering plants;                                           
20                      (B)  occurred on property lawfully in the possession of the                                        
21            defendant or with the consent of the person in lawful possession of the                                      
22            property; and                                                                                                
23                      (C)  occurred on property that was reasonably secured from                                         
24            unauthorized access;                                                                                         
25                 (3)  if the charge is for use or display, the use or display                                            
26                      (A)  took place in a location not subject to public view without                                   
27            the use of binoculars, aircraft, or other optical aids; and                                                  
28                      (B)  occurred on property lawfully in the possession of the                                        
29            defendant or with the consent of the person in lawful possession of the                                      
30            property.                                                                                                    
31            (b)  In a prosecution under AS 11.71.050 - 11.71.060 charging the possession,                                
01       use, or display of a schedule VIA controlled substance, it is a defense that the                                  
02       defendant was under 21 years of age but at least 18 years of age at the time of the                               
03       possession, use, or display and                                                                                   
04                 (1)  if the charge is for possession, the possession                                                    
05                      (A)  was one ounce or less of a schedule VIA controlled                                            
06            substance;                                                                                                   
07                      (B)  occurred on property lawfully in the possession of the                                        
08            defendant or with the consent of the person in lawful possession of the                                      
09            property; and                                                                                                
10                      (C)  occurred on property that was reasonably secured from                                         
11            unauthorized access;                                                                                         
12                 (2)  if the charge is for use or display, the use or display                                            
13                      (A)  was one ounce or less of a schedule VIA controlled                                            
14            substance;                                                                                                   
15                      (B)  took place in a location not subject to public view without                                   
16            the use of binoculars, aircraft, or other optical aids; and                                                  
17                      (C)  occurred on property lawfully in the possession of the                                        
18            defendant or with the consent of the person in lawful possession of the                                      
19            property.                                                                                                    
20            (c)  In a prosecution under AS 11.71.040 - 11.71.060 charging the                                            
21       manufacture, delivery, possession, possession with intent to manufacture or deliver, or                           
22       display of a schedule VIA controlled substance, it is a defense that the defendant is a                           
23       marijuana establishment licensed under AS 17.38 or an officer, agent, or employee of                              
24       the marijuana establishment, and                                                                                  
25                 (1)  at the time of the manufacture, delivery, possession, possession                                   
26       with intent to manufacture or deliver, or display, the marijuana establishment was                                
27       licensed under AS 17.38 or the officer, agent, or employee of the marijuana                                       
28       establishment was in compliance with AS 17.38;                                                                    
29                 (2)  the manufacture, delivery, possession, possession with intent to                                   
30       manufacture of deliver, or display complied with the requirements of AS 17.38; and                                
31                 (3)  if the charge is for delivery of a schedule VIA controlled substance,                              
01       the delivery was to a person who was 21 years of age or older at the time of the                                  
02       delivery.                                                                                                         
03    * Sec. 6. AS 11.71.190(b) is amended to read:                                                                      
04            (b)  Marijuana, hashish, and hash oil or hashish oil are [IS A] schedule VIA                             
05       controlled substances [SUBSTANCE].                                                                            
06    * Sec. 7. AS 11.71.900(14) is amended to read:                                                                     
07                 (14)  "marijuana" means all parts [THE SEEDS, AND LEAVES,                                           
08       BUDS, AND FLOWERS] of the plant (genus) Cannabis, whether growing or not, the                                 
09       seeds thereof, [; IT DOES NOT INCLUDE] the resin [OR OIL] extracted from any                                  
10       part of the plant, and [PLANTS, OR] any compound, manufacture, salt, derivative,                              
11       mixture, or preparation of the plant, its seeds, or its resin, including marijuana                            
12       concentrate; "marijuana" [FROM THE RESIN OR OIL, INCLUDING HASHISH,                                           
13       HASHISH     OIL,    AND      NATURAL      OR     SYNTHETIC                                                        
14       TETRAHYDROCANNABINOL; IT] does not include [THE STALKS OF THE                                                     
15       PLANT,] fiber produced from the stalks, oil or cake made from the seeds of the plant,                             
16       [ANY OTHER COMPOUND, MANUFACTURE, SALT, DERIVATIVE,                                                               
17       MIXTURE, OR PREPARATION OF THE STALKS, FIBER, OIL OR CAKE, OR                                                     
18       THE] sterilized seed of the plant that [WHICH] is incapable of germination, or the                        
19       weight of any other ingredient combined with marijuana to prepare topical or                                  
20       oral administrations, food, drink, or other products;                                                         
21    * Sec. 8. AS 17.38.900(6) is amended to read:                                                                      
22                 (6)  "marijuana" has the meaning given in AS 11.71.900 [MEANS                                       
23       ALL PARTS OF THE PLANT OF THE GENUS CANNABIS WHETHER                                                              
24       GROWING OR NOT, THE SEEDS THEREOF, THE RESIN EXTRACTED FROM                                                       
25       ANY PART OF THE PLANT, AND EVERY COMPOUND, MANUFACTURE,                                                           
26       SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS                                                       
27       SEEDS, OR ITS RESIN, INCLUDING MARIJUANA CONCENTRATE;                                                             
28       "MARIJUANA" DOES NOT INCLUDE FIBER PRODUCED FROM THE STALKS,                                                      
29       OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT, STERILIZED SEED                                                    
30       OF THE PLANT WHICH IS INCAPABLE OF GERMINATION, OR THE WEIGHT                                                     
31       OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE                                                        
01       TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER                                                            
02       PRODUCTS];                                                                                                        
03    * Sec. 9. AS 17.38.900 is amended by adding a new paragraph to read:                                             
04                 (15)  "marijuana concentrate" means a product created by extracting                                     
05       cannabinoids from any part of the plant (genus) Cannabis.                                                         
06    * Sec. 10. AS 28.35.029(a) is amended to read:                                                                     
07            (a)  A person may not drive a motor vehicle on a highway or vehicular way or                                 
08       area, when there is an open bottle, can, or other receptacle containing an alcoholic                              
09       beverage or an open marijuana container in the passenger compartment of the                                   
10       vehicle, except as provided in (b) or (e) of this section.                                                    
11    * Sec. 11. AS 28.35.029(c) is amended by adding new paragraphs to read:                                            
12                 (6)  "marijuana" has the meaning given in AS 11.71.900;                                                 
13                 (7)  "marijuana accessory" has the meaning given to "marijuana                                          
14       accessories" in AS 17.38.900;                                                                                     
15                 (8)  "open marijuana container" means a receptacle or marijuana                                         
16       accessory that contains any amount of marijuana and that is open or has a broken seal,                            
17       and there is evidence that marijuana has been consumed in the motor vehicle.                                      
18    * Sec. 12. AS 28.35.029 is amended by adding a new subsection to read:                                             
19            (e)  Except as provided in AS 28.33.130, a person may transport an open                                      
20       marijuana container                                                                                               
21                 (1)  in the trunk of a motor vehicle; or                                                                
22                 (2)  on a motor driven cycle, or behind the last upright seat in a motor                                
23       home, station wagon, hatchback, or similar trunkless vehicle, if the open marijuana                               
24       container is enclosed within another container.                                                                   
25    * Sec. 13. AS 11.71.160(f)(1), 11.71.160(f)(2); AS 17.38.020, 17.38.030, 17.38.040, and                            
26 17.38.070 are repealed.                                                                                                 
27    * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).