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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled SB 173                                                                                                         
01 Relating to a prohibition on the possession, offer, display, marketing, advertising for sale, or                        
02 sale of illicit synthetic drugs.                                                                                        
03                           _______________                                                                               
04    * Section 1. AS 17 is amended by adding a new chapter to read:                                                     
05                     Chapter 21. Illicit Synthetic Drugs.                                                              
06            Sec. 17.21.010. Illicit synthetic drugs. (a) A person may not possess, offer,                              
07       display, market, advertise for sale, or sell an illicit synthetic drug.                                           
08            (b)  A synthetic drug is illicit if                                                                          
09                 (1)  the label                                                                                          
10                      (A)  is false or misleading;                                                                       
11                      (B)  does not specify the identity of the substances contained in                                  
12            the synthetic drug; or                                                                                       
13                      (C)  does not specify the name and place of business of the                                        
14            manufacturer, packer, or distributor; and                                                                    
15                 (2)  the synthetic drug has one or more of the following characteristics:                               
01                      (A)  the packaging or labeling of the synthetic drug suggests                                      
02            that the user will achieve euphoria, a hallucination, mood enhancement,                                      
03            relaxation, stimulation, or another effect on the body;                                                      
04                      (B)  the name or packaging of the synthetic drug uses images or                                    
05            labels suggesting that it is a controlled substance or has the effect of a                                   
06            controlled substance;                                                                                        
07                      (C)  the synthetic drug resembles a controlled substance in                                        
08            appearance, in chemical structure, or composition;                                                           
09                      (D)  the synthetic drug is marketed or advertised for a particular                                 
10            use or purpose and the cost of the synthetic drug is disproportionately higher                               
11            than other products marketed or advertised for the same or similar use or                                    
12            purpose;                                                                                                     
13                      (E)  the synthetic drug contains a warning label stating or                                        
14            suggesting that the synthetic drug is in compliance with state laws regulating                               
15            controlled substances;                                                                                       
16                      (F)  the synthetic drug is a product to which has been added a                                     
17            synthetic chemical or synthetic chemical compound that does not have a                                       
18            legitimate relationship to the advertised use of the product.                                                
19            (c)  It is an affirmative defense to an action for a violation of this section that a                        
20       product is expressly exempted from or is expressly regulated under and is in                                      
21       compliance with state or federal law. In this subsection, "affirmative defense" has the                           
22       meaning given in AS 11.81.900.                                                                                    
23            Sec. 17.21.020. Exemption. AS 17.21.010 does not apply to a synthetic drug                                 
24       intended solely for investigational use by experts qualified by scientific training and                           
25       experience to investigate the safety of drugs if the drug is plainly labeled "for                                 
26       investigational use only," and the investigational use is authorized by state or federal                          
27       law.                                                                                                              
28            Sec. 17.21.030. Enforcement and penalties. (a) The commissioner of public                                  
29       safety is responsible for enforcing this chapter and may                                                          
30                 (1)  delegate that authority as appropriate; and                                                        
31                 (2)  cooperate with the Department of Health and Social Services in                                     
01       carrying out the commissioner's enforcement activities.                                                           
02            (b)  This section does not limit the authority of a peace officer.                                           
03            (c)  A person who violates AS 17.21.010 is guilty of a violation, and, upon                                  
04       conviction, is punishable by a fine of not more than $500.                                                        
05            (d)  The provisions of this section are in addition to the remedies available                                
06       under AS 45.50.471 - 45.50.561.                                                                                   
07            Sec. 17.21.090. Definitions. In this chapter, unless the context clearly requires                          
08       otherwise,                                                                                                        
09                 (1)  "controlled substance" has the meaning given in AS 11.71.900;                                      
10                 (2)  "drug" has the meaning given in AS 17.20.370;                                                      
11                 (3)  "synthetic drug" means a substance that is                                                         
12                      (A)  a chemical or chemical compound intended, when                                                
13            introduced into the human body, to mimic or simulate the effect of a drug or                                 
14            controlled substance;                                                                                        
15                      (B)  in the form of                                                                                
16                           (i)  a crystalline or powder product in crystalline, loose                                    
17                 powder, block, tablet, or capsule form; or                                                              
18                           (ii)  plant material in granular, loose leaf, powder, or                                      
19                 liquid form or used as a food additive; and                                                             
20                      (C)  not a controlled substance.                                                                   
21    * Sec. 2. AS 44.29.020 is amended by adding a new subsection to read:                                              
22            (c)  The Department of Health and Social Services shall cooperate with the                                   
23       Department of Public Safety in enforcement of the prohibition on the possession,                                  
24       offer, display, marketing, advertising, or sale of illicit synthetic drugs under AS 17.21.                        
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