HB 397: "An Act relating to marijuana."
00HOUSE BILL NO. 397 01 "An Act relating to marijuana." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.71.040(a) is amended to read: 04 (a) Except as authorized in AS 17.30, a person commits the crime of 05 misconduct involving a controlled substance in the fourth degree if the person 06 (1) manufactures or delivers any amount of a schedule IVA or VA 07 controlled substance or possesses any amount of a schedule IVA or VA controlled 08 substance with intent to manufacture or deliver; 09 (2) manufactures or delivers, or possesses with the intent to 10 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 11 of an aggregate weight of 12 (A) one ounce or more containing a schedule VIA controlled 13 substance in its commonly used form; or 14 (B) four ounces or more containing a schedule VIA
01 controlled substance in an unprocessed form ; 02 (3) possesses 03 (A) any amount of a schedule IA or IIA controlled substance; 04 (B) 25 or more tablets, ampules, or syrettes containing a 05 schedule IIIA or IVA controlled substance; 06 (C) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of three grams or more containing a 08 schedule IIIA or IVA controlled substance; 09 (D) 50 or more tablets, ampules, or syrettes containing a 10 schedule VA controlled substance; 11 (E) one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of six grams or more containing a schedule 13 VA controlled substance; 14 (F) one or more preparations, compounds, mixtures, or 15 substances of an aggregate weight of 16 (i) one pound or more containing a schedule VIA 17 controlled substance in its commonly used form; or 18 (ii) four pounds or more containing a schedule VIA 19 controlled substance in an unprocessed form ; or 20 (G) 25 or more plants of the genus cannabis; 21 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 22 (A) with reckless disregard that the possession occurs 23 (i) on or within 500 feet of school grounds; or 24 (ii) at or within 500 feet of a recreation or youth center; 25 or 26 (B) on a school bus; 27 (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, 28 building, vehicle, boat, aircraft, or other structure or place that is used for keeping or 29 distributing controlled substances in violation of a felony offense under this chapter 30 or AS 17.30; 31 (6) makes, delivers, or possesses a punch, die, plate, stone, or other
01 thing that [WHICH] prints, imprints, or reproduces a trademark, trade name, or other 02 identifying mark, imprint, or device of another or any likeness of any of these upon 03 a drug, drug container, or labeling so as to render the drug a counterfeit substance; 04 (7) knowingly uses in the course of the manufacture or distribution of 05 a controlled substance a registration number that is fictitious, revoked, suspended, or 06 issued to another person; 07 (8) knowingly furnishes false or fraudulent information in or omits 08 material information from any application, report, record, or other document required 09 to be kept or filed under AS 17.30; 10 (9) obtains possession of a controlled substance by misrepresentation, 11 fraud, forgery, deception , or subterfuge; or 12 (10) affixes a false or forged label to a package or other container 13 containing any controlled substance. 14 * Sec. 2. AS 11.71.050(a) is amended to read: 15 (a) Except as authorized in AS 17.30, a person commits the crime of 16 misconduct involving a controlled substance in the fifth degree if the person 17 (1) manufactures or delivers, or possesses with the intent to 18 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 19 of an aggregate weight of 20 (A) one-half ounce or more containing a schedule VIA 21 controlled substance in its commonly used form; or 22 (B) two ounces or more containing a schedule VIA 23 controlled substance in an unprocessed form ; 24 (2) 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 less than 27 (A) one-half ounce containing a schedule VIA controlled 28 substance in its commonly used form , for remuneration; or 29 (B) two ounces containing a schedule VIA controlled 30 substance in an unprocessed form, for remuneration; 31 (3) possesses
01 (A) less than 25 tablets, ampules, or syrettes containing a 02 schedule IIIA or IVA controlled substance; 03 (B) one or more preparations, compounds, mixtures, or 04 substances of an aggregate weight of less than three grams containing a 05 schedule IIIA or IVA controlled substance; 06 (C) less than 50 tablets, ampules, or syrettes containing a 07 schedule VA controlled substance; 08 (D) one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of less than six grams containing a schedule 10 VA controlled substance; [OR] 11 (E) one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of 13 (i) one-half pound or more containing a schedule VIA 14 controlled substance in its commonly used form; or 15 (ii) two pounds or more containing a schedule VIA 16 controlled substance in its unprocessed form; or 17 (F) more than four but less than 25 plants of the genus 18 cannabis ; or 19 (4) fails to make, keep, or furnish any record, notification, order form, 20 statement, invoice, or information required under AS 17.30. 21 * Sec. 3. AS 11.71.060(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 sixth degree if the person 24 (1) uses or displays any amount of a schedule VIA controlled 25 substance ; 26 (2) [OR] possesses 27 (A) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of less than 29 (i) one-half pound containing a schedule VIA controlled 30 substance in its commonly used form; or 31 (ii) two pounds containing a schedule VIA controlled
01 substance in its unprocessed form; 02 (B) less than five plants of the genus cannabis ; or 03 (3) [(2)] refuses entry into a premise for an inspection authorized under 04 AS 17.30. 05 * Sec. 4. AS 11.71.080 is amended to read: 06 Sec. 11.71.080. Aggregate weight of [LIVE] marijuana under AS 11.71.040 07 - 11.71.060 [PLANTS]. For purposes of calculating the aggregate weight of [A LIVE] 08 marijuana under AS 11.71.040 - 11.71.060 [PLANT], the aggregate weight [SHALL 09 BE THE WEIGHT] of [THE] marijuana in [WHEN REDUCED TO] its 10 (1) commonly used form is the weight of the seeds, leaves, buds, and 11 flowers of the plant of the genus cannabis; or 12 (2) unprocessed form is the weight of the plant of the genus 13 cannabis when the plant has been severed from its root ball .