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Alaska Statutes (Last Updated: January 11, 2017) |
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Title 11. CRIMINAL LAW. |
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Chapter 11.73. IMITATION CONTROLLED SUBSTANCES. |
Section 11.73.099. Definitions.
Latest version.
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In this chapter,
(1) "controlled substance" means a substance as defined in AS 11.71.900(4);
(2) "deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of an imitation controlled substance, whether or not there is an agency relationship;
(3) "imitation controlled substance" means a substance containing ephedrine, ephedrine sulfate, pseudoephedrine, pseudoephedrine hydrochloride, phenylpropanolamine, caffeine, theophylline, lidocaine, procaine, tetracaine, dyclonine, acetaminophen, salicylamide, doxylamine, diphenhydramine, pheniramine, chlorpheniramine, or pyrilamine, or their salts, that is not a controlled substance, and that by dosage unit appearance (including color, shape, size, and markings) and by representations would lead a reasonable person to believe that the substance is a controlled substance; the term "representations", as used in this paragraph, includes
(A) statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
(B) statements made to the recipient that the substance may be resold for inordinate profit;
(C) whether the substance is packaged in a manner normally used for controlled substances;
(D) evasive tactics or actions used by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(E) the storage, packaging, presentation, display of, or reference to a controlled substance with, near, or in connection with the activity involving the imitation controlled substance;
(4) "manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, labeling or relabeling, of an imitation controlled substance.