Sec. 11.71.900. Definitions.
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 practitioner’s presence, by the practitioner’s authorized agent; or (B) the patient […]
Sec. 11.71.311. Restriction on prosecution for certain persons in connection with a drug overdose.
(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 experiencing a drug overdose and (A) the evidence supporting the […]
Sec. 11.71.320. Excluded defenses.
(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 quantity of the substance to permit […]
Sec. 11.71.110. Duties of committee.
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 diversion of prescription drugs into illicit channels; (3) evaluate the effectiveness of […]
Sec. 11.71.330. Liability of public servants.
No liability is imposed by this chapter upon a public servant acting within the scope and authority of the public servant’s employment.
Sec. 11.71.120. Authority to schedule controlled substances.
(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 […]
Sec. 11.71.340. Offenses defined by amounts.
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 class of offense, and a […]
Sec. 11.71.125. Emergency substance scheduling.
(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 emergency basis is necessary to avoid an immediate hazard to public safety. (b) […]
Sec. 11.71.350. Burden of proof.
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 preponderance of the evidence any exemption […]
Sec. 11.71.140. Schedule IA.
(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 substances whether produced directly or indirectly by […]