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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 71. Controlled Substances
- Section 30. Misconduct Involving a Controlled Substance in the Third Degree.
previous: Section 20
. Misconduct Involving a Controlled Substance in the Second Degree.
next: Section 40
. Misconduct Involving a Controlled Substance in the Fourth Degree.
AS 11.71.030. Misconduct Involving a Controlled Substance in the Third Degree.
- (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) under circumstances not proscribed under AS 11.71.020
(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;
- (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; or
- (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.
- (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) Misconduct involving a controlled substance in the third degree is a class B felony.
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