Title 11 — Criminal Law
30 chapters · 369 sections in this title.
AS 11.71.010 Misconduct involving a controlled substance in the first degree.
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(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the first degree if the person (1) delivers any amount of a schedule IA controlled substance to a person under 19 years of age who is at least three years younger th…
AS 11.71.020 Misconduct involving a controlled substance in the second degree.
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[Repealed or reserved.]
AS 11.71.021 Misconduct involving a controlled substance in the second degree.
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(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the second degree if the person (1) manufactures or delivers any amount of a schedule IA controlled substance or possesses any amount of a schedule IA controlled sub…
AS 11.71.030 Misconduct involving a controlled substance in the third degree.
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(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17.30, a person commits the crime of misconduct involving a controlled substance in the third degree if the person (1) [Repealed, § 138 ch 4 FSSLA 2019.]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…
AS 11.71.040 Misconduct involving a controlled substance in the fourth degree.
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(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 schedu…
AS 11.71.050 Misconduct involving a controlled substance in the fifth degree.
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(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 fifth degree if the person (1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds…
AS 11.71.060 Misconduct involving a controlled substance in the sixth degree.
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(a) Except as authorized in AS 17.30 or AS 17.38, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person (1) uses or displays any amount of a schedule VIA controlled substance; (2) possesses one or more preparations, compounds,…
AS 11.71.070 Misconduct involving a controlled substance in the seventh degree. [Repealed effective March 3, 1991, 1990 Initiative Proposal No. 2, § 2.]
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[Repealed or reserved.]
AS 11.71.080 Aggregate weight of live marijuana plants.
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For purposes of calculating the aggregate weight of a live marijuana plant, the aggregate weight shall be one-sixth of the measured weight of the marijuana plant after the roots of the marijuana plant have been removed.
AS 11.71.090 Affirmative defense to a prosecution under AS 11.71.030 — 11.71.060; medical use of marijuana.
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Article 2. Standards and Schedules. (a) In a prosecution under AS 11.71.030 — 11.71.060 charging the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display of a schedule VIA controlled substance, it is an affirmative defense that the …
AS 11.71.100 Controlled Substances Advisory Committee.
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(a) The Controlled Substances Advisory Committee is established in the Department of Law. The committee consists of (1) the attorney general or the attorney general's designee; (2) the commissioner of family and community services or the commissioner's designee; (3) the commissio…
AS 11.71.110 Duties of committee.
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The committee shall (1) advise the governor of the need to add, delete, or reschedule substances in the schedules in AS 11.71.140 — 11.71.190; (2) recommend regulations for adoption by the Board of Pharmacy to prevent excessive prescription of controlled substances and the divers…
AS 11.71.120 Authority to schedule controlled substances.
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(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 legislati…
AS 11.71.125 Emergency substance scheduling.
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(a) The attorney general may, by regulation, schedule a substance under this chapter regardless of whether the substance is substantially similar to a controlled substance listed in AS 11.71.140 — 11.71.180, if the attorney general finds that scheduling the substance on an emerge…
AS 11.71.140 Schedule IA.
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(a) A substance shall be placed in schedule IA if it is found under AS 11.71.120(c) to have the highest degree of danger or probable danger to a person or the public. (b) Schedule IA includes, unless specifically excepted or listed in another schedule, any of the following substa…
AS 11.71.150 Schedule IIA.
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(a) A substance shall be placed in schedule IIA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than substances listed in schedule IA, but higher than substances listed in schedule IIIA. (b) Schedule IIA i…
AS 11.71.160 Schedule IIIA.
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(a) A substance shall be placed in schedule IIIA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public less than the substances listed in schedule IIA but higher than substances listed in schedule IVA. (b) Schedule IIIA inclu…
AS 11.71.170 Schedule IVA.
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(a) A substance shall be placed in schedule IVA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than the substances listed in schedule IIIA, but higher than the substances listed in schedule VA. (b) Schedu…
AS 11.71.180 Schedule VA.
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(a) A substance shall be placed in schedule VA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than substances listed in schedule IVA, but higher than substances listed in schedule VIA. (b) Schedule VA inc…
AS 11.71.190 Schedule VIA.
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(a) A substance shall be placed in schedule VIA if it is found under AS 11.71.120(c) to have the lowest degree of danger or probable danger to a person or the public. (b) Marijuana is a schedule VIA controlled substance.
AS 11.71.195 Exempted drugs.
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Except as otherwise provided in this chapter, a substance the manufacture, distribution, dispensing, or possession of which is explicitly exempt from criminal penalty under federal law is exempt from the application of this chapter and AS 17.30. This exemption includes any substa…
AS 11.71.200 Listed chemicals.
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Listed chemicals are chemicals that are used in manufacturing a controlled substance in violation of this chapter. Listed chemicals include (1) anthranilic acid, its esters, and its salts; (2) benzaldehyde; (3) benzyl cyanide; (4) ephedrine, its salts, optical isomers, and salts …
AS 11.71.210 Purchase or receipt of restricted amounts of certain listed chemicals.
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Article 3. Miscellaneous Provisions. (a) A person commits the crime of purchase or receipt of restricted amounts of certain listed chemicals if the person purchases or receives more than nine grams of the following listed chemical, its salts, isomers, or salts of isomers within a…
AS 11.71.300 Penalties under other laws.
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A penalty imposed for violation of this chapter is in addition to, and not in place of, any other civil or administrative penalty or sanction otherwise authorized by law.
AS 11.71.305 Rehabilitation.
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A person convicted of violating a provision of this chapter may, when the violation relates to that person's own personal use of a controlled substance, be committed to the custody of the Department of Corrections for rehabilitative treatment for not to exceed one year. Such trea…
AS 11.71.310 Bar to prosecution. [Repealed, § 40 ch 75 SLA 2008.]
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[Repealed or reserved.]
AS 11.71.311 Restriction on prosecution for certain persons in connection with a drug overdose.
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(a) A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) if that person (1) sought, in good faith, medical or law enforcement assistance for another person who the person reasonably believed was expe…
AS 11.71.320 Excluded defenses.
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(a) In a prosecution for the possession of a schedule IA, IIA, IIIA, IVA, or VA controlled substance under this chapter, it is not a defense that the substance was possessed in less than a usable quantity. It is sufficient to support a conviction that there is a sufficient quanti…
AS 11.71.330 Liability of public servants.
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No liability is imposed by this chapter upon a public servant acting within the scope and authority of the public servant's employment.
AS 11.71.340 Offenses defined by amounts.
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Whenever a provision of this chapter defining an offense requires a determination of an amount, it is not a defense to the lowest class of offense established by the evidence that the amount in question was equal to or larger than the amount which would make the offense a higher …
AS 11.71.350 Burden of proof.
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It is not necessary for the state to negate an exemption or exception provided for in this chapter in a complaint, information, indictment, or other pleading or at a trial, hearing, or other proceeding under this chapter or AS 17.30. The defendant has the burden of proving by a p…
AS 11.71.360 Unprivileged communications.
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Article 4. Definitions. Information communicated to a physician or other licensed practitioner in an effort to unlawfully procure a controlled substance or to unlawfully procure the administration of a controlled substance is not a privileged communication.
AS 11.71.900 Definitions.
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In this chapter, unless the context clearly requires otherwise, (1) “administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means into the body of a patient or research subject by (A) a practitioner or, in the…