00 HOUSE CS FOR CS FOR SENATE BILL NO. 56(JUD) 01 "An Act relating to certain crimes involving controlled substances; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71.040(a) is amended to read: 05 (a) Except as authorized in AS 17.30, a person commits the crime of 06 misconduct involving a controlled substance in the fourth degree if the person 07 (1) manufactures or delivers any amount of a schedule IVA or VA 08 controlled substance or possesses any amount of a schedule IVA or VA controlled 09 substance with intent to manufacture or deliver; 10 (2) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 12 of an aggregate weight of one ounce or more containing a schedule VIA controlled 13 substance; 14 (3) possesses 01 (A) any amount of a 02 (i) schedule IA controlled substance listed in 03 AS 11.71.140(e); or 04 (ii) schedule IA or IIA controlled substance other than 05 [EXCEPT] a controlled substance listed in (i) of this subparagraph, 06 and, two or more times within the preceding seven years, the 07 person was convicted under AS 11.71.010 - 11.71.050 or a law or 08 ordinance of this or another jurisdiction with elements similar to 09 those of an offense under AS 11.71.010 - 11.71.050 10 [AS 11.71.150(e)(11) - (15)]; 11 (B) 25 or more tablets, ampules, or syrettes containing a 12 schedule IIIA or IVA controlled substance; 13 (C) one or more preparations, compounds, mixtures, or 14 substances of an aggregate weight of 15 (i) three grams or more containing a schedule IIIA or 16 IVA controlled substance except a controlled substance in a form listed 17 in (ii) of this subparagraph; 18 (ii) 12 grams or more containing a schedule IIIA 19 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 20 sprayed on or otherwise applied to tobacco, an herb, or another organic 21 material; or 22 (iii) 500 milligrams or more of a schedule IIA 23 controlled substance listed in AS 11.71.150(e)(11) - (15); 24 (D) 50 or more tablets, ampules, or syrettes containing a 25 schedule VA controlled substance; 26 (E) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of six grams or more containing a schedule 28 VA controlled substance; 29 (F) one or more preparations, compounds, mixtures, or 30 substances of an aggregate weight of four ounces or more containing a 31 schedule VIA controlled substance; [OR] 01 (G) 25 or more plants of the genus cannabis; 02 (H) 15 or more tablets, ampules, or syrettes containing a 03 schedule IA or IIA controlled substance other than a controlled substance 04 listed in AS 11.71.140(e); or 05 (I) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of 07 (i) three grams or more containing a schedule IA 08 controlled substance other than a controlled substance listed in 09 AS 11.71.140(d)(11) or 11.71.140(e) or a schedule IIA controlled 10 substance other than a controlled substance listed in 11 AS 11.71.150(b)(12); 12 (ii) 500 milligrams or more of a schedule IA 13 controlled substance listed in AS 11.71.140(d)(11); or 14 (iii) 300 milligrams or more of a schedule IIA 15 controlled substance listed in AS 11.71.150(b)(12); 16 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 17 (A) with reckless disregard that the possession occurs 18 (i) on or within 500 feet of school grounds; or 19 (ii) at or within 500 feet of a recreation or youth center; 20 or 21 (B) on a school bus; 22 (5) knowingly keeps or maintains any store, shop, warehouse, 23 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 24 keeping or distributing controlled substances in violation of a felony offense under this 25 chapter or AS 17.30; 26 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 27 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 28 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 29 drug container, or labeling so as to render the drug a counterfeit substance; 30 (7) knowingly uses in the course of the manufacture or distribution of a 31 controlled substance a registration number that is fictitious, revoked, suspended, or 01 issued to another person; 02 (8) knowingly furnishes false or fraudulent information in or omits 03 material information from any application, report, record, or other document required 04 to be kept or filed under AS 17.30; 05 (9) obtains possession of a controlled substance by misrepresentation, 06 fraud, forgery, deception, or subterfuge; or 07 (10) affixes a false or forged label to a package or other container 08 containing any controlled substance. 09 * Sec. 2. AS 11.71.050(a) is amended to read: 10 (a) Except as authorized in AS 17.30, a person commits the crime of 11 misconduct involving a controlled substance in the fifth degree if the person 12 (1) manufactures or delivers, or possesses with the intent to 13 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 14 of an aggregate weight of less than one ounce containing a schedule VIA controlled 15 substance; 16 (2) possesses 17 (A) less than 25 tablets, ampules, or syrettes containing a 18 schedule IIIA or IVA controlled substance; 19 (B) one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of less than 21 (i) three grams containing a schedule IIIA or IVA 22 controlled substance except a controlled substance in a form listed in 23 (ii) of this subparagraph; 24 (ii) 12 grams but more than six grams containing a 25 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 26 that has been sprayed on or otherwise applied to tobacco, an herb, or 27 another organic material; or 28 (iii) 500 milligrams containing a schedule IIA 29 controlled substance listed in AS 11.71.150(e)(11) - (15); 30 (C) less than 50 tablets, ampules, or syrettes containing a 31 schedule VA controlled substance; 01 (D) one or more preparations, compounds, mixtures, or 02 substances of an aggregate weight of less than six grams containing a schedule 03 VA controlled substance; [OR] 04 (E) one or more preparations, compounds, mixtures, or 05 substances of an aggregate weight of one ounce or more containing a schedule 06 VIA controlled substance; 07 (F) less than 15 tablets, ampules, or syrettes containing a 08 schedule IA or IIA controlled substance other than a controlled substance 09 listed in AS 11.71.140(e); or 10 (G) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of less than 12 (i) three grams containing a schedule IA controlled 13 substance other than a controlled substance listed in 14 AS 11.71.140(d)(11) or 11.71.140(e) or a schedule IIA controlled 15 substance other than a controlled substance listed in 16 AS 11.71.150(b)(12); 17 (ii) 500 milligrams of a schedule IA controlled 18 substance listed in AS 11.71.140(d)(11); or 19 (iii) 300 milligrams of a schedule IIA controlled 20 substance listed in AS 11.71.150(b)(12); or 21 (3) fails to make, keep, or furnish any record, notification, order form, 22 statement, invoice, or information required under AS 17.30. 23 * Sec. 3. AS 12.55.135 is amended by adding a new subsection to read: 24 (l) A defendant convicted of misconduct involving a controlled substance in 25 the fifth degree shall be ordered to satisfy the screening, evaluation, referral, and 26 program requirements of an alcohol safety action or drug abuse evaluation program, if 27 an alcohol safety action or drug abuse evaluation program is available in the 28 community where the person resides, or of a private or public treatment facility 29 approved by the Department of Health and Social Services under AS 47.37 to make 30 referrals for rehabilitative treatment or to provide rehabilitative treatment. 31 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 APPLICABILITY. This Act applies to offenses committed on or after the effective 03 date of this Act, except that references to previous convictions in AS 11.71.040(a)(3), as 04 amended by sec. 1 of this Act, include convictions occurring before, on, or after the effective 05 date of this Act. 06 * Sec. 5. AS 11.71.040(a)(3)(C)(iii) and 11.71.050(a)(2)(B)(iii) are repealed. 07 * Sec. 6. This Act takes effect July 1, 2013.