§ 8.35.500. Illicit synthetic drugs.

A.

It is unlawful for any person to:

1.

Recklessly provide, sell, produce, manufacture, or distribute any illicit synthetic drug;

2.

Knowingly possess or consume any illicit synthetic drug; or

3.

Possess, offer, display, market, or advertise for sale any misbranded drug.

B.

Defense. It shall be a defense to the prosecution of this section that a product is specifically exempted by, or regulated within and in compliance with, state or federal law. For the purposes of this section, it shall not be a defense that a product is not subject to regulation unless the product is specifically exempt from regulation; mere "nonregulation" without a specific regulatory exemption does not render a product exempt under this section.

C.

Definitions. For the purpose of this section, the following definitions apply:

1.

A drug is an article that, when consumed, is intended to affect the function of the human body.

2.

An illicit synthetic drug is any synthetic cannabinoid, synthetic cathinone, or other synthetic compound, whether applied to herbal or plant materials or not, that is designed to simulate the effects of marijuana, a controlled substance, or a controlled substance analogue when introduced into the human body. Controlled substances or controlled substance analogues are those referred to in AS 11.71.140-190 and their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation; a substance listed in 21 U.S.C. § 812(c); a controlled substance analogue as defined in 21 U.S.C. § 802(32) or referred to in § 813; or a substance listed pursuant to 21 U.S.C. § 811(h) or 21 C.F.R. § 1308.11(h).

3.

Illicit synthetic drugs include the substances commonly known as spice and bath salts. Street names for illicit synthetic drugs include Atomic, Aura, Black Diamond, Black Mamba, Bliss, Blizzard, Blue Silk, Bombay Blue, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Diablo, Drone, Eight Ballz, Energy-1, Euphoria, Extreme Kush, Fake Weed, G-20, Galaxy Gold, Genie, Good Times, Hammer Head, Hurricane, Ivory Soft, Ivory Wave, Jazz, Joker, K2, K3, Kush, Lunar Wave, Maddie, Mad Hatter, Makes Scents, Matrix, Maui Wowie, MCAT, MDPK, MDPV, Meow Meow, MTV, Ocean Burst, OMG, Peeve, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Rippler, Scarface, Scooby Snax, Skunk, Smokin' Dragon, Snow Leopard, Spice Gold, Stardust, Time Out, Twilight Zone, Vanilla Sky, Voodoo, Voodoo Spice, White China, White Dove, White Knight, White Lightning, White Rush, Zohai.

4.

A misbranded drug is:

a.

Any drug in any packaging for which:

i.

There is no label;

ii.

The label is in any way false or misleading;

iii.

The label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug;

iv.

The label does not bear adequate direction for customary use; or

v.

The label does not bear adequate warnings against customary use; or

b.

Any product to which any illicit synthetic drug has been added which has no legitimate relation to the advertised use of the product, whether or not the label meets the requirements herein.

5.

In determining whether a product is a misbranded drug, statements on the packaging such as "not for human consumption" may be disregarded when other relevant factors (viewed alone or in totality) indicate that the product is intended to be consumed or ingested by humans or is a product regulated by this section. Other relevant factors that may be used to determine whether a product is prohibited by this section include, but are not limited to: verbal or written representations at the point of sale or seizure regarding the purpose, methods, use, or effect of the product; aspects of the packaging or labeling suggesting that the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body; the cost of the product is disproportionately higher than other products marketed for the same use; the product contains a warning label stating or suggesting that the product is in compliance with state or federal laws regulating controlled substances; the product's name or packaging uses images or slang referencing an illicit street drug; illicit or underground methods of sale or delivery are employed by the seller or provider; or the product resembles an illicit street drug such as cocaine, methamphetamine, LSD, or marijuana.

D.

Penalties; seizure.

1.

Violation of subsection A.1. is a class A misdemeanor. Violation of subsection A.2. is a class B misdemeanor. Violation of subsection A.3. is a minor offense punishable as set forth on the minor offenses fine schedule.

2.

For the purposes of subsection A.3., each product, package, tube, vial, or container possessed, offered, displayed, marketed, or advertised for sale shall be a separate minor offense.

3.

Any product found in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after its use for evidentiary purposes is no longer required, including in accordance with chapter 7.25.

(AO No. 2013-156, § 1, 1-14-14; AO No. 2014-42, § 4, 6-21-14; AO No. 2015-123(S), § 1, 11-10-15 )