{"data":{"id":"us-ak/as-11.71.040","jurisdiction":"us-ak","citation":"AS 11.71.040","heading":"Misconduct involving a controlled substance in the fourth degree.","body":"(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person\n(1) manufactures or delivers any amount of a schedule IVA or VA controlled substance or possesses any amount of a schedule IVA or VA controlled substance with intent to manufacture or deliver;\n(2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance;\n(3) possesses any amount of a schedule IA controlled substance listed in AS 11.71.140(e);\n(4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance\n(A) with reckless disregard that the possession occurs\n(i) on or within 500 feet of school grounds; or\n(ii) at or within 500 feet of a recreation or youth center; or\n(B) on a school bus;\n(5) knowingly keeps or maintains any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for keeping or distributing controlled substances in violation of a felony offense under this chapter or AS 17.30;\n(6) makes, delivers, or possesses a punch, die, plate, stone, or other thing that prints, imprints, or reproduces a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these on a drug, drug container, or labeling so as to render the drug a counterfeit substance;\n(7) knowingly uses in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person;\n(8) knowingly furnishes false or fraudulent information in or omits material information from any application, report, record, or other document required to be kept or filed under AS 17.30;\n(9) obtains possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;\n(10) affixes a false or forged label to a package or other container containing any controlled substance;\n(11) [Repealed, § 138 ch 4 FSSLA 2019.]\n(12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4).\n(b) It is an affirmative defense to a prosecution under (a)(4)(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. Nothing in this subsection precludes a prosecution under any other provision of this section or any other section of this chapter.\n(c) Nothing in (a)(5) or (6) of this section precludes a prosecution or civil proceeding brought under any other provision of this section or any other section of this chapter or under AS 17.\n(d) Misconduct involving a controlled substance in the fourth degree is a class C felony.","path":["Title 11. Criminal Law.","Chapter 71. Controlled Substances."],"source_url":"https://www.akleg.gov/basis/statutes.asp#11.71.040","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:16:41Z","sha256":"63823a782435be99696bee6aba7b5b1d4db5b614a3bbbb2dc497e0985aa7ed6b","source_id":"us-ak","stale":false,"prev":"us-ak/as-11.71.030","next":"us-ak/as-11.71.050"},"notice":"GroundRules: Original legal text. Not legal advice."}