00                             HOUSE BILL NO. 380                                                                          
01 "An Act reducing the penalty from a felony to a noncriminal violation for possession of                                 
02 marijuana as a schedule VIA controlled substance on school grounds, at a recreation or                                  
03 youth center, or on a school bus."                                                                                      
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 third 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 one ounce or more containing a schedule VIA controlled                                        
14       substance;                                                                                                        
01                 (3)  possesses any amount of a schedule IA controlled substance listed                                  
02       in AS 11.71.140(e);                                                                                               
03                 (4)  possesses a schedule IIIA, IVA, or VA [, OR VIA] controlled                                    
04       substance                                                                                                         
05                      (A)  with reckless disregard that the possession occurs                                            
06                           (i)  on or within 500 feet of school grounds; or                                              
07                           (ii)  at or within 500 feet of a recreation or youth 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; or                                                                           
28 (11)  manufactures or delivers, or possesses with the intent to                                                         
29       manufacture or deliver,                                                                                           
30 (A)  one or more preparations, compounds, mixtures, or                                                                  
31 substances of an aggregate weight of less than one gram containing a schedule                                           
01            IA controlled substance;                                                                                     
02                      (B)  less than 25 tablets, ampules, or syrettes containing a                                       
03            schedule IA controlled substance;                                                                            
04                      (C)  one or more preparations, compounds, mixtures, or                                             
05            substances of an aggregate weight of less than 2.5 grams containing a schedule                               
06            IIA or IIIA controlled substance; or                                                                         
07                      (D)  less than 50 tablets, ampules, or syrettes containing a                                       
08            schedule IIA or IIIA controlled substance.                                                                   
09    * Sec. 2. AS 11.71 is amended by adding a new section to read:                                                     
10 Sec. 11.71.071. Misconduct involving a controlled substance in the sixth                                              
11 degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                           
12 misconduct involving a controlled substance in the sixth degree if the person possesses                                 
13       a schedule VIA controlled substance                                                                               
14                 (1)  with reckless disregard that the possession occurs                                                 
15                      (A)  on or within 500 feet of school grounds; or                                                   
16                      (B)  at or within 500 feet of a recreation or youth center; or                                     
17                 (2)  on a school bus.                                                                                   
18 (b)  Misconduct involving a controlled substance in the sixth degree is a                                               
19       violation punishable by a fine of up to                                                                           
20                 (1)  $250 if the person has not been previously convicted;                                              
21                 (2)  $500 if the person has been previously convicted once; and                                         
22 (3)  $1,000 if the person has been previously convicted two or more                                                     
23       times.                                                                                                            
24    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26 APPLICABILITY. This Act applies to offenses committed before, on, or after the                                          
27 effective date of this Act for convictions occurring on or after the effective date of this Act.