HB 141: "An Act relating to sale, possession, and delivery of certain substances and precursors used in the unlawful manufacture of methamphetamine."
00 HOUSE BILL NO. 141 01 "An Act relating to sale, possession, and delivery of certain substances and precursors 02 used in the unlawful manufacture of methamphetamine." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71.020(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 second degree if the person 07 (1) manufactures or delivers any amount of a schedule IA controlled 08 substance or possesses any amount of a schedule IA controlled substance with intent 09 to manufacture or deliver; 10 (2) manufactures any material, compound, mixture, or preparation that 11 contains 12 (A) methamphetamine, or its salts, isomers, or salts of isomers; 13 or 14 (B) an immediate precursor of methamphetamine, or its salts,
01 isomers, or salts of isomers; 02 (3) possesses an immediate precursor of methamphetamine, or the 03 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 04 with the intent to manufacture any material, compound, mixture, or preparation that 05 contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] 06 (4) possesses a listed chemical with intent to manufacture any material, 07 compound, mixture, or preparation that contains 08 (A) methamphetamine, or its salts, isomers, or salts of isomers; 09 or 10 (B) an immediate precursor of methamphetamine, or its salts, 11 isomers, or salts of isomer; or 12 (5) under circumstances not proscribed under AS 11.71.010(a)(2), 13 delivers 14 (A) an immediate precursor of methamphetamine, or the 15 salts, isomers, or salts of isomers of the immediate precursor of 16 methamphetamine, to another person if the person knows that the other 17 person intends to use the precursor to manufacture any material, 18 compound, mixture, or preparation that contains methamphetamine, or 19 its salts, isomers, or salts of isomers; or 20 (B) a listed chemical to another person if the person knows 21 that the other person intends to use the chemical to manufacture any 22 material, compound, mixture, or preparation that contains 23 (i) methamphetamine, or its salts, isomers, or salts of 24 isomers; or 25 (ii) an immediate precursor of methamphetamine, or 26 its salts, isomers, or salts of isomers. 27 * Sec. 2. AS 11.71.020 is amended by adding a new subsection to read: 28 (d) In a prosecution under (a) of this section, possession of nine grams or more 29 of the listed chemical pseudoephedrine, its salts, optical isomers, or salts of optical 30 isomers is prima facie evidence that the person intended to use the listed chemical to 31 manufacture methamphetamine or to assist another person to manufacture
01 methamphetamine. The prima facie evidence described in this subsection does not 02 apply to a person who possesses the listed chemical in the ordinary course of a 03 legitimate business as a 04 (1) retail distributor of drug products or as a wholesaler; 05 (2) wholesale drug distributor licensed by the Board of Pharmacy; 06 (3) manufacturer of drug products licensed by the Board of Pharmacy; 07 (4) pharmacist licensed by the Board of Pharmacy; or 08 (5) a health care professional licensed by the state. 09 * Sec. 3. AS 11.71.030(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 third degree if the person 12 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (5) 13 [AS 11.71.020(a)(2) - (4)], manufactures or delivers any amount of a schedule IIA or 14 IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled 15 substance with intent to manufacture or deliver; 16 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 17 substance to a person under 19 years of age who is at least three years younger than 18 the person delivering the substance; or 19 (3) possesses any amount of a schedule IA or IIA controlled substance 20 (A) with reckless disregard that the possession occurs 21 (i) on or within 500 feet of school grounds; or 22 (ii) at or within 500 feet of a recreation or youth center; 23 or 24 (B) on a school bus. 25 * Sec. 4. AS 11.71 is amended by adding a new section to article 2 to read: 26 Sec. 11.71.210. Possession or purchase of restricted amounts of certain 27 listed chemicals. (a) A person commits the crime of possession or purchase of 28 restricted amounts of certain listed chemicals if the person purchases or receives more 29 than nine grams of the following listed chemical, its salts, optical isomers, or salts of 30 optical isomers within any 30-day period: pseudoephedrine under AS 11.71.200(13). 31 (b) This section does not apply to a person who lawfully possesses more than
01 nine grams of a listed chemical identified in (a) of this section 02 (1) that was dispensed to the person under a valid prescription; 03 (2) if the listed chemical is in liquid, liquid capsule, or gel capsule 04 form and the listed chemical in (a) of this section is not the only active ingredient; or 05 (3) in the ordinary course of a legitimate business as a 06 (A) retail distributor of drug products or as a wholesaler; 07 (B) wholesale drug distributor licensed by the Board of 08 Pharmacy; 09 (C) manufacturer of drug products licensed by the Board of 10 Pharmacy; 11 (D) pharmacist licensed by the Board of Pharmacy; or 12 (E) a health care professional licensed by the state. 13 (c) Possession or purchase of restricted amounts of certain listed chemicals is 14 a class C felony. 15 * Sec. 5. AS 17.30 is amended by adding a new section to article 1 to read: 16 Sec. 17.30.090. Dispensation of and registration and record requirements 17 for certain listed chemicals. (a) A wholesaler, manufacturer, or distributor of drug 18 products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their 19 salts, optical isomers, or salts of optical isomers, shall obtain a registration annually 20 from the Department of Public Safety. Each wholesaler, manufacturer, or distributor 21 shall keep complete records of all transactions involving those drug products, 22 including the names of all parties involved in the transaction and the amount of the 23 drug products involved. The records shall be kept readily retrievable and separate 24 from all other invoices or records of transactions not involving those drug products 25 and shall be maintained for not less than three years. 26 (b) A dispenser of a product or substance that contains a detectable quantity of 27 pseudoephedrine, or its salts, optical isomers, or salts of optical isomers, may not 28 dispense the substance unless the dispenser confirms the identity of the person by legal 29 photo identification and the dispenser requires the purchaser to sign a written log or 30 receipt showing the date of the transaction, name of the purchaser, and the amount 31 dispensed. A dispenser of a product or substance that contains a detectable quantity of
01 pseudoephedrine, or its salts, optical isomers, or salts of optical isomers, shall transmit 02 to a central repository designated by the Department of Public Safety the following 03 information for each dispensation: 04 (1) the recipient's name and the type of identification used to confirm 05 the identity; 06 (2) the recipient's identification number; 07 (3) the National Drug Code number of the substance dispensed; 08 (4) the date of the dispensation; 09 (5) the quantity of the substance dispensed; 10 (6) the prescriber's federal Drug Enforcement Administration 11 registration number if applicable; and 12 (7) the dispenser's registration number. 13 (c) The information required by (b) of this section shall be transmitted 14 (1) on an electronic device that is compatible with the receiving device 15 of the central repository or by computer diskette, magnetic tape, CD-ROM, or in a 16 format or other media designated acceptable by the Department of Public Safety; and 17 (2) within 30 days after the time that the substance is dispensed. 18 (d) In this section, 19 (1) "distributor" means a person in the state or another state, other than 20 a manufacturer or wholesaler, who sells, delivers, transfers, or in any manner furnishes 21 a drug product described in (a) of this section to a person who is not the ultimate user 22 or consumer of the product; 23 (2) "manufacturer" means a person in the state who produces, 24 compounds, packages, or in any manner initially prepares for sale or use a drug 25 product described in (a) of this section, or a person in another state if the person causes 26 the products to be compounded in, packaged in, or transported to this state; 27 (3) "readily retrievable" means available for inspection without prior 28 notice at the registration address if that address is in the state; if the registration 29 address is outside the state, "readily retrievable" means records must be furnished 30 within three working days by courier, facsimile, mail, or electronic mail; 31 (4) "wholesaler" means a person in the state or another state, other than
01 a manufacturer, who sells, transfers, or in any manner furnishes a drug product 02 described in (a) of this section to another person in the state for the purpose of being 03 resold. 04 (e) Violation of this section is a class A misdemeanor, punishable upon 05 conviction only by a fine in an amount not to exceed $10,000. 06 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. The reporting requirements of AS 17.30.090, added by sec. 5 of 09 this Act, do not apply until the Department of Public Safety adopts regulations for the 10 reporting of sales of a product or substance containing a detectable quantity of 11 pseudoephedrine, or its salts, optical isomers, or salts of optical isomers.