Alaska Stat. § 11.71.120
This is the official text of Alaska Stat. § 11.71.120, part of Alaska’s Stat — part of the compiled statutory law of Alaska, published by the state as "Stat." Browse the sections below, each linked to its official government source.
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Authority to schedule controlled substances.
Official statutory text
(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 .
(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 .
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