Sec. 11.71.030. Misconduct involving a controlled substance in the third degree.

323 words·~1 min read·/ak/title-11/chapter-71/11-71-030·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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(1)[Repealed, § 138 ch 4 FSSLA 2019.]

(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(4)[Repealed, § 138 ch 4 FSSLA 2019.]

(5)[Repealed, § 138 ch 4 FSSLA 2019.]

(6)[Repealed, § 138 ch 4 FSSLA 2019.]

(7)[Repealed, § 138 ch 4 FSSLA 2019.]

(8)[Repealed, § 138 ch 4 FSSLA 2019.]

(9)under circumstances not proscribed under AS 11.71.021 (a)(2) — (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled substance with intent to manufacture or deliver.

(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(c)[Repealed, § 138 ch 4 FSSLA 2019.]

(d)Misconduct involving a controlled substance in the third degree is a class B felony.

(e)[Repealed, § 138 ch 4 FSSLA 2019.]