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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 71. Controlled Substances
- Section 125. Emergency Substance Scheduling.
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Section 120. Authority to Schedule Controlled Substances.
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Section 140. Schedule IA.
AS 11.71.125. Emergency Substance Scheduling.
- (a) The attorney general may, by regulation, schedule a substance under this chapter regardless of whether the
substance is substantially similar to a controlled substance listed in AS 11.71.140 — 11.71.180, if the attorney general finds that scheduling the
substance on an emergency basis is necessary to avoid an immediate hazard to public safety.
- (b) In determining whether to schedule a substance on an emergency basis, or repeal an emergency regulation that
scheduled a substance, the attorney general shall
- (1) assess the degree of danger or probable danger of the substance by considering the
- (A) actual or probable abuse of the substance including the
- (i) history and current pattern of abuse;
- (ii) scope, duration, and significance of abuse of the substance; and
- (iii) degree of actual or possible detriment that may result from abuse of the substance; and
- (B) risk to public health;
- (2) consider whether the substance has been scheduled on a temporary basis under federal law and may consider
clandestine importation, manufacture, or distribution of the substance;
- (3) consult with the Controlled Substances Advisory Committee established under AS 11.71.100; and
- (4) consult with the chief medical officer in the Department of Health.
- (c) The attorney general may schedule a substance by emergency regulation under this section only if the substance is
currently listed on a federal controlled substance schedule.
- (d) The attorney general shall clearly indicate in an emergency regulation that schedules a substance the appropriate
schedule under this chapter that applies to the substance.
- (e) The attorney general shall post a notice on the Alaska Online Public Notice System (AS 44.62.175) 60 days before the effective date of an emergency regulation that
schedules a substance. The notice must include
- (1) a summary of the attorney general's findings under (b) of this section; and
- (2) the finding required for an emergency regulation under AS 44.62.250(b).
- (f) The attorney general may not adopt an emergency regulation under this section that schedules an alcoholic beverage
as defined in AS 04.21.080, marijuana as defined in AS 17.38.900, or tobacco.
- (g) An emergency regulation adopted under this section is subject to the requirements in AS 44.62.260(c).
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