Sec. 11.71.120. Authority to schedule controlled substances.

400 words·~2 min read·/ak/title-11/chapter-71/11-71-120

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

(a)If, after considering the factors set out in

(c)of this section, the committee decides to recommend that a substance should be added to, deleted from, or rescheduled in a schedule of controlled substances under AS 11.71.140 — 11.71.190, the governor shall introduce legislation in accordance with the recommendation of the committee.

(b)If a substance is added as a controlled substance under federal law, the governor shall introduce legislation in accordance with the federal law.

(c)In advising the governor of the need to add, delete, or reschedule a substance under AS 11.71.110 (1), the committee shall assess the danger or probable danger of the substance after considering the following:

(1)the actual or probable abuse of the substance including

(A)the history and current pattern of abuse both in this state and in other states;

(B)the scope, duration, and significance of abuse;

(C)the degree of actual or probable detriment which may result from abuse of the substance;

(D)the probable physical and social impact of widespread abuse of the substance;

(2)the biomedical hazard of the substance including

(A)its pharmacology, in the effects and modifiers of the effects of the substance;

(B)its toxicology, the acute and chronic toxicity, interaction with other substances, whether controlled or not, and the degree to which it may cause psychological or physiological dependence;

(C)the risk to public health and the particular susceptibility of segments of the population;

(3)whether the substance is an immediate precursor of a substance already controlled under this chapter;

(4)the current state of scientific knowledge regarding the substance, including whether there is any acceptable means to safely use the substance under medical supervision;

(5)the relationship between the use of the substance and other criminal activity, including

(A)whether persons engaged in illicit trafficking of the substance are also engaged in other criminal activity;

(B)whether the nature and relative profitability of manufacturing or delivering the substance encourages illicit trafficking in the substance;

(C)whether the commission of other crimes is one of the effects of abuse of the substance;

(D)whether addiction to the substance relates to the commission of crimes to support the continued use of the substance.

(d)[Repealed, § 40 ch 6 SLA 1984.]

(e)The committee has no authority over tobacco or alcoholic beverages as defined in AS 04.21.080 .