Section 11.71.030. Misconduct involving a controlled substance in the second degree.

   (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the second degree if the person
        (1) manufactures or delivers, or possesses with intent to manufacture or deliver,
             (A) one or more preparations, compounds, mixtures, or substances of an aggregate weight of one gram or more containing a schedule IA controlled substance;
             (B) 25 or more tablets, ampules, or syrettes containing a schedule IA controlled substance;
             (C) one or more preparations, compounds, mixtures, or substances of an aggregate weight of 2.5 grams or more containing a schedule IIA or IIIA controlled substance; or
             (D) 50 or more tablets, ampules, or syrettes containing a schedule IIA or IIIA controlled substance;
        (2) delivers any amount of a schedule IVA, VA, or VIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
        (3) possesses any amount of a schedule IA or IIA controlled substance
             (A) with reckless disregard that the possession occurs
                  (i) on or within 500 feet of school grounds; or
                  (ii) at or within 500 feet of a recreation or youth center; or
             (B) on a school bus;
        (4) manufactures any material, compound, mixture, or preparation that contains
             (A) methamphetamine, or its salts, isomers, or salts of isomers; or
             (B) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers;
        (5) possesses an immediate precursor of methamphetamine, or the salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, with the intent to manufacture any material, compound, mixture, or preparation that contains methamphetamine, or its salts, isomers, or salts of isomers;
        (6) possesses a listed chemical with intent to manufacture any material, compound, mixture, or preparation that contains
             (A) methamphetamine, or its salts, isomers, or salts of isomers; or
             (B) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers;
        (7) possesses methamphetamine in an organic solution with intent to extract from it methamphetamine or its salts, isomers, or salts of isomers; or
        (8) under circumstances not proscribed under AS 11.71.010(a)(2), delivers
             (A) an immediate precursor of methamphetamine, or the salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, to another person with reckless disregard that the precursor will be used to manufacture any material, compound, mixture, or preparation that contains methamphetamine, or its salts, isomers, or salts of isomers; or
             (B) a listed chemical to another person with reckless disregard that the listed chemical will be used to manufacture any material, compound, mixture, or preparation that contains
                  (i) methamphetamine, or its salts, isomers, or salts of isomers;
                  (ii) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers; or
                  (iii) methamphetamine or its salts, isomers, or salts of isomers in an organic solution.
   (b) It is an affirmative defense to a prosecution under (a)(3)(A) of this section that the prohibited conduct took place entirely within a private residence located within 500 feet of the school grounds or recreation or youth center, and that the prohibited conduct did not involve distributing, dispensing, or possessing with the intent to distribute or dispense a controlled substance for profit. Nothing in this subsection precludes a prosecution under any other provision of this section or any other section of this chapter.
   (c) In a prosecution under (a) of this section, possession of more than six grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that the person intended to use the listed chemicals to manufacture, aid or abet another person to manufacture, or deliver to another person who intends to manufacture methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers of methamphetamine or its immediate precursors. The prima facie evidence described in this subsection does not apply to a person who possesses
        (1) the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals
             (A) and the listed chemical was dispensed to the person under a valid prescription; or
             (B) in the ordinary course of a legitimate business, or an employee of a legitimate business, as a
                  (i) retailer or wholesaler;
                  (ii) wholesale drug distributor licensed by the Board of Pharmacy;
                  (iii) manufacturer of drug products licensed by the Board of Pharmacy;
                  (iv) pharmacist licensed by the Board of Pharmacy; or
                  (v) health care professional licensed by the state; or
        (2) less than 24 grams of ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, kept in a locked storage area on the premises of a legitimate business or nonprofit organization operating a camp, lodge, school, day care center, treatment center, or other organized group activity, and the location or nature of the activity, or the age of the participants, makes it impractical for the participants in the activity to obtain medicinal products.
   (d) Misconduct involving a controlled substance in the second degree is a class B felony.
   (e) In this section, "listed chemical" means a chemical described under AS 11.71.200.

Authorities

11.71.090;11.71.030;11.71.311

Notes

Recent Bills that will modify this

SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 11.71.090
AS 11.71.090 Affirmative defense to a prosecution under AS 11.71.030 -
AS 11.71.090 Affirmative defense to a prosecution under AS 11.71.030 - 11.71.060; medical use of marijuana.
AS 11.71.311 Restriction on prosecution for certain persons in connection with a drug overdose.

History

(Sec. 2 ch 45 SLA 1982; am Sec. 8 ch 146 SLA 1986; am Sec. 1, 2 ch 63 SLA 1991; am Sec. 1, 2 ch 70 SLA 1994; am Sec. 3 ch 73 SLA 2000; am Sec. 6 ch 53 SLA 2006; am Sec. 42 - 44 ch 36 SLA 2016)