Section 11.71.040. Misconduct involving a controlled substance in the third degree.

   (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the third degree if the person
        (1) manufactures or delivers any amount of a schedule IVA or VA controlled substance or possesses any amount of a schedule IVA or VA controlled substance with intent to manufacture or deliver;
        (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance;
        (3) possesses any amount of a schedule IA controlled substance listed in AS 11.71.140(e);
        (4) possesses a schedule IIIA, IVA, VA, or VIA 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;
        (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for keeping or distributing controlled substances in violation of a felony offense under this chapter or AS 17.30;
        (6) makes, delivers, or possesses a punch, die, plate, stone, or other thing that prints, imprints, or reproduces a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these on a drug, drug container, or labeling so as to render the drug a counterfeit substance;
        (7) knowingly uses in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person;
        (8) knowingly furnishes false or fraudulent information in or omits material information from any application, report, record, or other document required to be kept or filed under AS 17.30;
        (9) obtains possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
        (10) affixes a false or forged label to a package or other container containing any controlled substance; or
        (11) manufactures or delivers, or possesses with the intent to manufacture or deliver,
             (A) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one gram containing a schedule IA controlled substance;
             (B) less than 25 tablets, ampules, or syrettes containing a schedule IA controlled substance;
             (C) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than 2.5 grams containing a schedule IIA or IIIA controlled substance; or
             (D) less than 50 tablets, ampules, or syrettes containing a schedule IIA or IIIA controlled substance.
   (b) It is an affirmative defense to a prosecution under (a)(4)(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. Nothing in this subsection precludes a prosecution under any other provision of this section or any other section of this chapter.
   (c) Nothing in (a)(5) or (6) of this section precludes a prosecution or civil proceeding brought under any other provision of this section or any other section of this chapter or under AS 17.
   (d) Misconduct involving a controlled substance in the third degree is a class C felony.

Authorities

11.71.050;47.12.110

Notes

Recent Bills that will modify this

HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

7 AAC 10.905
AS 11.71.050 Misconduct involving a controlled substance in the fourth degree.
AS 47.12.110 Hearings.

History

(Sec. 2 ch 45 SLA 1982; am Sec. 9 ch 146 SLA 1986; am Sec. 3, 4 ch 63 SLA 1991; am Sec. 1 ch 53 SLA 1994; am Sec. 3, 4 ch 70 SLA 1994; am Sec. 7 ch 53 SLA 2006; am Sec. 1 ch 22 SLA 2011; am Sec. 1 ch 57 SLA 2012; am Sec. 45, 46, 179 ch 36 SLA 2016)