Is 9-OH (9-hydroxycorynantheidine) Legal in Alaska? (2026)

Instrument

Authority to schedule controlled substances; emergency substance scheduling

Source

https://www.akleg.gov/basis/statutes.asp?media=print&secStart=11.71.120&secEnd=11.71.125

Retrieved

2026-10-29

Fingerprint

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Sec. 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, § 40 ch 6 SLA 1984.]
 (e) The committee has no authority over tobacco or alcoholic beverages as defined in
AS 04.21.080
.

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.
 (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).