HB 398: "An Act relating to controlled substances."
00 HOUSE BILL NO. 398 01 "An Act relating to controlled substances." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.71.030(a) is amended to read: 04 (a) Except as authorized in AS 17.30, a person commits the crime of 05 misconduct involving a controlled substance in the third degree if the person 06 (1) [REPEALED] 07 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 08 substance to a person under 19 years of age who is at least three years younger than 09 the person delivering the substance; 10 (3) possesses any amount of a schedule IA or IIA controlled substance 11 (A) with reckless disregard that the possession occurs 12 (i) on or within 500 feet of school grounds or a day 13 care center; or 14 (ii) at or within 500 feet of a recreation or youth center, 15 a shelter for the homeless, or a treatment and rehabilitation center;
01 or 02 (B) on a school bus; 03 (4) [REPEALED] 04 (5) [REPEALED] 05 (6) [REPEALED] 06 (7) [REPEALED] 07 (8) [REPEALED] 08 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - (6), 09 manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or 10 possesses any amount of a schedule IIA or IIIA controlled substance with intent to 11 manufacture or deliver. 12 * Sec. 2. AS 11.71.030(b) is amended to read: 13 (b) It is an affirmative defense to a prosecution under (a)(3)(A) of this section 14 that the prohibited conduct took place entirely within a private residence located 15 within 500 feet of the school grounds, day care center, [OR] recreation or youth 16 center, shelter for the homeless, or treatment and rehabilitation center, and that 17 the prohibited conduct did not involve distributing, dispensing, or possessing with the 18 intent to distribute or dispense a controlled substance for profit. Nothing in this 19 subsection precludes a prosecution under any other provision of this section or any 20 other section of this chapter. 21 * Sec. 3. AS 11.71.040(a) is amended to read: 22 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 23 crime of misconduct involving a controlled substance in the fourth degree if the person 24 (1) manufactures or delivers any amount of a schedule IVA or VA 25 controlled substance or possesses any amount of a schedule IVA or VA controlled 26 substance with intent to manufacture or deliver; 27 (2) manufactures or delivers, or possesses with the intent to 28 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 29 of an aggregate weight of one ounce or more containing a schedule VIA controlled 30 substance; 31 (3) possesses any amount of a schedule IA controlled substance listed
01 in AS 11.71.140(e); 02 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 03 (A) with reckless disregard that the possession occurs 04 (i) on or within 500 feet of school grounds or a day 05 care center; or 06 (ii) at or within 500 feet of a recreation or youth center, 07 a shelter for the homeless, or a treatment and rehabilitation center; 08 or 09 (B) on a school bus; 10 (5) knowingly keeps or maintains any store, shop, warehouse, 11 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 12 keeping or distributing controlled substances in violation of a felony offense under this 13 chapter or AS 17.30; 14 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 15 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 16 mark, imprint, or device of another or any likeness of any of these on a drug, drug 17 container, or labeling so as to render the drug a counterfeit substance; 18 (7) knowingly uses in the course of the manufacture or distribution of a 19 controlled substance a registration number that is fictitious, revoked, suspended, or 20 issued to another person; 21 (8) knowingly furnishes false or fraudulent information in or omits 22 material information from any application, report, record, or other document required 23 to be kept or filed under AS 17.30; 24 (9) obtains possession of a controlled substance by misrepresentation, 25 fraud, forgery, deception, or subterfuge; 26 (10) affixes a false or forged label to a package or other container 27 containing any controlled substance; 28 (11) [REPEALED] 29 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, 30 has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or 31 ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4).
01 * Sec. 4. AS 11.71.040(b) is amended to read: 02 (b) It is an affirmative defense to a prosecution under (a)(4)(A) of this section 03 that the prohibited conduct took place entirely within a private residence located 04 within 500 feet of the school grounds, day care center, [OR] recreation or youth 05 center, shelter for the homeless, or treatment and rehabilitation center. Nothing in 06 this subsection precludes a prosecution under any other provision of this section or any 07 other section of this chapter. 08 * Sec. 5. AS 28.01.010(d) is amended to read: 09 (d) A municipality shall erect necessary official traffic control devices on 10 streets and highways within its jurisdiction that as far as practicable conform to the 11 current edition of the Alaska Traffic Manual prepared by the Department of 12 Transportation and Public Facilities. The municipality 13 (1) shall post a sign indicating that the school is a "drug-free school 14 zone" at each location in which it has installed a sign identifying the location of a 15 school; 16 (2) may post a sign at each recreation and youth center indicating that 17 the center is a "drug-free recreation and youth center zone"; in this paragraph, 18 "recreation or youth center" has the meaning given in AS 11.71.900; 19 (3) shall post a sign at each day care center indicating that the 20 center is a "drug-free day care zone"; 21 (4) shall post a sign at each shelter for the homeless indicating that 22 the shelter is a "drug-free homeless shelter zone"; 23 (5) shall post a sign at each treatment and rehabilitation center 24 indicating that the center is a "drug-free treatment and rehabilitation center 25 zone." [.] 26 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. AS 11.71.030(a), as amended by sec. 1 of this Act, 29 AS 11.71.030(b), as amended by sec. 2 of this Act, AS 11.71.040(a), as amended by sec. 3 of 30 this Act, and AS 11.71.040(b), as amended by sec. 4 of this Act, apply to offenses committed 31 on or after the effective date of this Act.