Sec. 11.71.040. Misconduct involving a controlled substance in the fourth degree.

510 words·~2 min read·/ak/title-11/chapter-71/11-71-040

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 and AS 17.38 , 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 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;

(11)[Repealed, § 138 ch 4 FSSLA 2019.]

(12)violates AS 11.71.050 (a)(4) and, within the preceding 10 years, has been previously convicted of a crime under AS 11.71.050 (a)(4), or a law or ordinance in this or another jurisdiction with elements similar to AS 11.71.050 (a)(4).

(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.