Section 11.71.160. Schedule IIIA.

   (a) A substance shall be placed in schedule IIIA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public less than the substances listed in schedule IIA but higher than substances listed in schedule IVA.
   (b) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers whether optical, position, or geometric, and salts of these isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
        (1) benzphetamine;
        (2) chlorphentermine;
        (3) clortermine;
        (4)   [Repealed, Sec. 12 ch 76 SLA 1990]. 
        (5) phendimetrazine;
        (6) any compound, mixture, or preparation in dosage unit form containing any stimulant substance listed in schedule IIA, which compound, mixture, or preparation was listed on August 25, 1971, as an excepted compound under 21 C.F.R. Sec. 1308.32, and any other drug of the quantitative composition shown in that list for those substances, or which is the same except that it contains a lesser quantity of any controlled substance.
   (c) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:
        (1) amobarbital, secobarbital, or pentobarbital or any salt of these substances, combined with one or more other active medicinal ingredients which are not listed in any other schedule;
        (2) amobarbital, secobarbital, or pentobarbital or any salt of these substances, approved by the federal Food and Drug Administration for marketing only as a suppository;
        (3) any substance which contains any quantity of a derivative of barbituric acid or any salt of barbituric acid;
        (4) chlorhexadol;
        (5) glutethimide;
        (6) lysergic acid;
        (7) lysergic acid amide;
        (8) methyprylon;
        (9) sulfondiethylmethane;
        (10) sulfonethylmethane;
        (11) sulfonmethane;
        (12) tiletamine and zolazepam, or any of their salts.
   (d) Schedule IIIA includes nalorphine.
   (e) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in the following quantities:
        (1) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
        (2) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
        (3) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
        (4) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;
        (5) not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;
        (6) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
        (7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
        (8) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
   (f) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation:
        (1) hashish;
        (2) hash oil or hashish oil;
        (3) tetrahydrocannabinols;
        (4) parahexyl;
        (5) dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product;
        (6) nabilone;
        (7) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol, also known as HU-210;
        (8) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol, also known as Dexanabinol or HU-211;
        (9) 1-pentyl-3-(1-naphthoyl)indole, also known as JWH-018;
        (10) 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073;
        (11) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone, also known as JWH-015;
        (12) 1-pentyl-3-(4-chloro-1-naphthoyl)indole, also known as JWH-398;
        (13) 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as JWH-250;
        (14) 1-hexyl-3-(1-naphthoyl)indole, also known as JWH-019;
        (15) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole, also known as JWH-200;
        (16) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol, also known as CP 47, 497, and its dimethyloctyl (C8) homologue; in this paragraph, "homologue" means a chemical compound in a series in which each compound differs by one or more alkyl functional groups on an alkyl side chain.

Authorities

11.71.060;11.71.900

Notes

Recent Bills that will modify this

HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES

References

AS 11.71.060 Misconduct involving a controlled substance in the fifth degree.
AS 11.71.900 Definitions.

History

(Sec. 2 ch 45 SLA 1982; am Sec. 6, 7, 12 ch 76 SLA 1990; am Sec. 4 ch 22 SLA 2011)