(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fourth 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
(A) any amount of a
(i) schedule IA controlled substance; or
(ii) IIA controlled substance except a controlled substance listed in AS 11.71.150 (e)(11) - (15);
(B) 25 or more tablets, ampules, or syrettes containing a schedule IIIA or IVA controlled substance;
(C) one or more preparations, compounds, mixtures, or substances of an aggregate weight of
(i) three grams or more containing a schedule IIIA or IVA controlled substance except a controlled substance in a form listed in (ii) of this subparagraph;
(ii) 12 grams or more containing a schedule IIIA controlled substance listed in AS 11.71.160 (f)(7) - (16) that has been sprayed on or otherwise applied to tobacco, an herb, or another organic material; or
(iii) 500 milligrams or more of a schedule IIA controlled substance listed in AS 11.71.150 (e)(11) - (15);
(D) 50 or more tablets, ampules, or syrettes containing a schedule VA controlled substance;
(E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of six grams or more containing a schedule VA controlled substance;
(F) one or more preparations, compounds, mixtures, or substances of an aggregate weight of four ounces or more containing a schedule VIA controlled substance; or
(G) 25 or more plants of the genus cannabis;
(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 upon 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; or
(10) affixes a false or forged label to a package or other container containing any 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 fourth degree is a class C felony.
Section: Previous 11.71.010 11.71.020 11.71.030 11.71.040 11.71.050 11.71.060 11.71.070 11.71.080 NextLast modified: November 15, 2016