HB 3: "An Act relating to controlled substances and to the possession and distribution of certain chemicals."
00HOUSE BILL NO. 3 01 "An Act relating to controlled substances and to the possession and distribution 02 of certain chemicals." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71 is amended by adding new sections to article 1 to read: 05 Sec. 11.71.090. Possession of a listed chemical in the first degree. (a) 06 Except as authorized in AS 17.30, a person commits the crime of possession of a listed 07 chemical in the first degree if the person possesses a list I chemical with the intent to 08 manufacture a schedule IA, IIA, IIIA, IVA, or VA controlled substance. 09 (b) Possession of listed chemical in the first degree is a class A felony. 10 Sec. 11.71.095. Possession of a listed chemical in the second degree. (a) 11 Except as authorized in AS 17.30, a person commits the crime of possession of a listed 12 chemical in the second degree if the person possesses a list II chemical with the intent 13 to manufacture a schedule IA, IIA, IIIA, IVA, or VA controlled substance. 14 (b) Possession of a listed chemical in the second degree is a class B felony.
01 * Sec. 2. AS 11.71.195 is amended to read: 02 Sec. 11.71.195. Exempted drugs. Except as otherwise provided in this 03 chapter, a [A] substance the manufacture, distribution, dispensing, or possession of 04 which is explicitly exempt from criminal penalty under federal law is exempt from the 05 application of this chapter and AS 17.30. This exemption includes any substances that 06 [WHICH] may, under 21 U.S.C. 301-392 (Food, Drug, and Cosmetic Act), be lawfully 07 sold over the counter without a prescription. This exemption also includes those 08 substances listed in 21 C.F.R. Sec. 1308.22 on April 1, 1980. 09 * Sec. 3. AS 11.71 is amended by adding a new section to article 2 to read: 10 Sec. 11.71.200. Listed chemicals. (a) List I chemicals include 11 (1) anthranilic acid, its esters, and its salts; 12 (2) benzaldehyde; 13 (3) benzyl cyanide; 14 (4) ephedrine, its salts, optical isomers, and salts of optical isomers; 15 (5) ergonovine and its salts; 16 (6) ergotamine and its salts; 17 (7) N-acetylanthranilic acid, its esters, and its salts; 18 (8) nitroethane; 19 (9) norpseudoephedrine, its salts, optical isomers, and salts of optical 20 isomers; 21 (10) phenylacetic acid, its esters, and its salts; 22 (11) phenylpropanolamine, its salts, optical isomers, and salts of optical 23 isomers; 24 (12) piperidine and its salts; 25 (13) pseudoephedrine, its salts, optical isomers, and salts of optical 26 isomers; 27 (14) 3,4-methylenedioxyphenyl-2-propanone; 28 (15) any salt, optical isomer, or salt of an optical isomer of the 29 following chemicals: 30 (A) ethylamine; 31 (B) hydriodic acid;
01 (C) isosafrole; 02 (D) methylamine; 03 (E) N-methylephedrine; 04 (F) N-methylpseudoephedrine; 05 (G) piperonal; 06 (H) propionic anhydride; 07 (I) safrole. 08 (b) List II chemicals include 09 (1) acetic anhydride; 10 (2) acetone; 11 (3) benzyl chloride; 12 (4) ethyl ether; 13 (5) hydrochloric gas; 14 (6) iodine; 15 (7) potassium permanganate; 16 (8) toluene; 17 (9) 2-butanone (or methyl ethyl ketone). 18 * Sec. 4. AS 11.71.900 is amended by adding new paragraphs to read: 19 (31) "list I chemical" means a chemical included in the list in 20 AS 11.71.200(a); 21 (32) "list II chemical" means a chemical included in the list in 22 AS 11.71.200(b). 23 * Sec. 5. AS 17.30 is amended by adding a new section to article 1 to read: 24 Sec. 17.30.090. Reporting of distribution of listed chemicals. (a) A person 25 may not knowingly distribute a listed chemical in an amount or quantity set by 26 regulation by the commissioner of public safety in this state unless the person 27 (1) positively identifies the person to whom the chemical is being 28 distributed by picture identification or otherwise; and 29 (2) within 24 hours of the distribution, reports to the commissioner of 30 public safety on a form provided by the commissioner the name, address, and 31 telephone number of the person to whom the distribution is made, the name of the
01 chemical and the quantity distributed, and other information required by the 02 commissioner by regulation. 03 (b) In this section, "listed chemical" means a list I chemical or a list II 04 chemical as defined in AS 11.71.900. 05 (c) A person who violates this section is guilty of a class C felony and may 06 be punished as provided in AS 12.55.