00 CS FOR HOUSE BILL NO. 327(JUD) 01 "An Act relating to the scheduling and rescheduling of certain substances as controlled 02 substances and to the sale of products containing dextromethorphan." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 11.71.150(b) is amended to read: 05 (b) Schedule IIA includes, unless specifically excepted or unless listed in 06 another schedule, any material, compound, mixture, or preparation that [WHICH] 07 contains any quantity of the following hallucinogenic substances, or that [WHICH] 08 contains any of its salts, isomers, whether optical, position, or geometric, or salts of 09 isomers whenever the existence of these salts, isomers, or salts of isomers is possible 10 within the specific chemical designation: 11 (1) 4-bromo-2, 5-dimethoxy-amphetamine, also known as 4-bromo-2, 12 5-dimethoxy-a-methylphenethylamine and 4-bromo-2, DMA; 13 (2) 2,5-dimethoxyamphetamine, also known as 2,5-dimethoxy-a- 14 methylphenethylamine and 2,5-DMA; 01 (3) 4-methoxyamphetamine, also known as 4-methoxy-a- 02 methylphenethylamine and paramethoxyamphetamine, PMA; 03 (4) 5-methoxy-3,4-methylenedioxy-amphetamine; 04 (5) 4-methyl-2,5-dimethoxy-amphetamine, also known as 4-methyl- 05 2,5-dimethoxy-a-methylphenethylamine; 06 (6) 3,4-methylenedioxy amphetamine; 07 (7) 3,4,5-trimethoxy amphetamine; 08 (8) bufotenine, also known as 3-(B-dimethylaminoethyl)-5- 09 hydroxyindole, 3-(2-dimethylaminoethyl)-5-indolol, N, N-dimethylserotonin; 5- 10 hydroxy-N, N-dimethyltryptamine, and mappine; 11 (9) diethyltryptamine, also known as N, N-diethyltryptamine and DET; 12 (10) dimethyltryptamine, also known as DMT; 13 (11) ibogaine, also known as 7-ethyl-6, 6B, 7, 8, 9, 10, 12, 13- 14 octahydro-2-methoxy-6, 9-methano-5H-pyrido [1',2': 1, 2] azepino [5, 4-b] indole and 15 tabernanthe iboga; 16 (12) lysergic acid diethylamide, also known as LSD; 17 (13) mescaline; 18 (14) n-ethyl-3-piperidyl benzilate; 19 (15) n-methyl-3-piperidyl benzilate; 20 (16) peyote; 21 (17) analogs of phencyclidine (PCP), including: 22 (A) ethylamine analog, also known by some trade or other 23 names as follows: N-ethyl-1-phenylcyclohexylamine (1-phenylcyclohexyl)- 24 ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE; 25 (B) pyrrolidine analog, also known by some trade or other 26 names as follows: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPY, PHP; 27 (C) thiophene analog, also known as 1-[1-(2-thienyl) 28 cyclohexyl]piperidine and 2-thienylanalog of phencyclidine, TPCP, and TCP; 29 (D) 1-[1-(2-thienyl)-cyclohexyl]-pyrrolidine, also known as 30 TCPy; 31 (18) psilocybine; 01 (19) psilocyn; 02 (20) 3,4-methylenedioxymethamphetamine (MDMA);  03 (21) Salvia divinorum;  04 (22) Salvinorin A (Divinorin A). 05  * Sec. 2. AS 11.71.160 is amended by adding a new subsection to read: 06 (g) Schedule III A includes any material, compound, mixture, or preparation 07 of the narcotic drug buprenorphine or its salts. 08  * Sec. 3. AS 11.71.170(b) is amended to read: 09 (b) Schedule IVA includes, unless specifically excepted or unless listed in 10 another schedule, any material, compound, mixture, or preparation which contains any 11 quantity of the following substances, including their salts, isomers and salts of isomers 12 whenever the existence of these salts, isomers, and salts of isomers is possible within 13 the specific chemical designation: 14 (1) barbital; 15 (2) chloral betaine; 16 (3) chloral hydrate; 17 (4) chlordiazepoxide; 18 (5) clonazepam; 19 (6) clorazepate; 20 (7) diazepam; 21 (8) ethclorvynol; 22 (9) ethinamate; 23 (10) flurazepam; 24 (11) lorazepam [LORAZEPAN]; 25 (12) mebutamate; 26 (13) meprobamate; 27 (14) methohexital; 28 (15) methylphenobarbital, also known as mephobarbital; 29 (16) oxazepam; 30 (17) paraldehyde; 31 (18) petrichloral; 01 (19) phenobarbital; 02 (20) prazepam; 03 (21) alprazolam; 04 (22) halazepam; 05 (23) temazepam; 06 (24) triazolam; 07 (25) midazolam; 08 (26) quazepam; 09 (27) flunitrazepam; 10 (28) [REPEALED 11 (29)] ketamine hydrochloride. 12  * Sec. 4. AS 17.30 is amended by adding a new section to article 1 to read: 13 Sec. 17.30.095. Sale of products containing dextromethorphan. (a) A 14 person may not sell a product containing dextromethorphan to another person unless 15 (1) the person checks a government-issued photo identification and 16 determines the person is 18 years of age or older; or 17 (2) the person is under the age of 18 and 18 (A) supplies proof that the person 19 (i) has had the disabilities of minority removed under 20 AS 09.55.590; 21 (ii) is married; or 22 (iii) is the parent of a child; or 23 (B) has a prescription for the product issued by a licensed 24 practitioner. 25 (b) A person who sells products containing dextromethorphan must clearly 26 mark the products as for sale only to persons 18 years of age or older or by 27 prescription or limit the access of the public to the product by its placement behind a 28 counter or by similar means. 29 (c) A seller, retailer, or vendor does not violate this section if the seller, 30 retailer, or vendor proves by a preponderance of the evidence that the seller, retailer, 31 or vendor 01 (1) exercised the degree of care of a reasonable employer to ensure 02 compliance with (a) - (c) of this section; and 03 (2) determined that the employees and agents of the seller, retailer, or 04 vendor had been notified of the requirements of this section by 05 (A) securing each employee's or agent's written 06 acknowledgment of notification of those requirements; or 07 (B) making another appropriate determination. 08 (d) A person who recklessly sells a product in violation of (a) of this section or 09 recklessly fails to mark or restrict access as required by (b) of this section is guilty of a 10 class B misdemeanor. 11  * Sec. 5. AS 11.71.180(d) is repealed. 12  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. AS 11.71.170(b)(11), as amended by sec. 3 of this Act, corrects a 15 typographical error in the spelling of "lorazepam" that has existed since its adoption in 16 Chapter 45, SLA 1982. AS 11.71.170(b)(11), as amended by sec. 3 of this Act, applies to 17 crimes committed before, on, or after the effective date of this Act.