00 SENATE BILL NO. 30 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).