Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 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 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addiction to the substance relates to the commission of crimes to support the continued use of the substance.(d)[Repealed, Sec. 40 ch 6 SLA 1984].(e) The committee has no authority over tobacco or alcoholic beverages as defined in AS 04.21.080.