2018 Alaska Statutes
Title 11. Criminal Law
Chapter 71. Controlled Substances
Article 2. Standards and Schedules.
Sec. 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 and Social Services.
(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).