Alaska Statutes

Alaska Stat. § 11.71.030 (2026)

Misconduct involving a controlled substance in the third degree

✓ current as of July 2026

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Sec. 11.71.030. Misconduct involving a controlled substance in the third degree.
(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the third degree if the person
     (1) [Repealed, § 138 ch 4 FSSLA 2019.]
     (2) delivers any amount of a schedule IVA, VA, or VIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;

     (3) possesses any amount of a schedule IA or IIA controlled substance
          (A) with reckless disregard that the possession occurs
                (i) on or within 500 feet of school grounds; or

                (ii) at or within 500 feet of a recreation or youth center; or

          (B) on a school bus;

     (4) [Repealed, § 138 ch 4 FSSLA 2019.]
     (5) [Repealed, § 138 ch 4 FSSLA 2019.]
     (6) [Repealed, § 138 ch 4 FSSLA 2019.]
     (7) [Repealed, § 138 ch 4 FSSLA 2019.]
     (8) [Repealed, § 138 ch 4 FSSLA 2019.]
     (9) under circumstances not proscribed under AS 11.71.021(a)(2) — (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled substance with intent to manufacture or deliver.

(b) It is an affirmative defense to a prosecution under (a)(3)(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, and that the prohibited conduct did not involve distributing, dispensing, or possessing with the intent to distribute or dispense a controlled substance for profit. Nothing in this subsection precludes a prosecution under any other provision of this section or any other section of this chapter.

(c) [Repealed, § 138 ch 4 FSSLA 2019.]
(d) Misconduct involving a controlled substance in the third degree is a class B felony.

(e) [Repealed, § 138 ch 4 FSSLA 2019.]

Notes of Decisions

Cited in 115 cases (6 in the last 5 years), 1984–2025 · leading case: Kelli Jo Griffin v. Paul Pate, in His Off. Capacities as the Sec'y of State of Iowa, & Denise Fraise, in Her Off. Capacities as the Cnty. Auditor of Lee Cnty., Iowa, 884 N.W.2d 182 (Iowa 2016).

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Kelli Jo Griffin v. Paul Pate, in His Off. Capacities as the Sec'y of State of Iowa, & Denise Fraise, in Her Off. Capacities as the Cnty. Auditor of Lee Cnty., Iowa, 884 N.W.2d 182 (Iowa 2016). · cites it 2× “); Alaska Stat. Ann. § 11.71.030 (West, Westlaw through 2016 2d Reg.”

Dawson v. State, 894 P.2d 672 (Alaska Ct. App. 1995). · cites it 3× “040(a)(5), were sufficiently distinguishable from the elements of de livery of a controlled substance, AS 11.71.030(a), to allow the entry of separate convictions for both offenses.”

Walker Whatley v. Dushan Zatecky, 833 F.3d 762 (7th Cir. 2016). “See Alaska Stat. §11.71.030 ; Cal. Health & Safety Code § 11353.”

State v. Joubert, 20 P.3d 1115 (Alaska 2001). · cites it 2× “Joubert was indicted on one count of third-degree misconduct involving a controlled substance (possession of cocaine with intent to deliver) under AS 11.71.030(a)(1). 1 Joubert moved to suppress the crack cocaine rocks as fruits of an illegal search.”

Resek v. State, 706 P.2d 288 (Alaska 1985). · cites it 4× “[2] AS 11.71.030 provides: (a) ... a person commits the crime of misconduct involving a controlled substance in the third degree if the person (1) manufactures or delivers any amount of a schedule IIA or IIIA controlled substance with intent to manufacture or deliver; .”

Stuart v. State, 698 P.2d 1218 (Alaska Ct. App. 1985). · cites it 3× “AS 11.71.030(a)(1). All three counts involved cocaine.”

Lausterer v. State, 693 P.2d 887 (Alaska Ct. App. 1985). · cites it 3× “Lausterer was convicted pursuant to AS 11.71.030, 1 under which a person who sells or possesses for sale any amount of cocaine — regardless of how large or small — is subjected to conviction and punishment for a class B felony.”

Vui Gui Tsen v. State, 176 P.3d 1 (Alaska Ct. App. 2008). · cites it 2× “AS 11.71.030(a)(1) and AS 11.66.130(a)(1), respectively.”

United States v. Arthur L. Hollis, 490 F.3d 1149 (9th Cir. 2007). “Alaska Stat. § 11.71.030 ; Alaska Stat. § 12.”

Mustafoski v. State, 867 P.2d 824 (Alaska Ct. App. 1994). · cites it 2× “Counts 1 and 2 charged Mustafoski with selling a schedule IIA controlled substance in violation of AS 11.71.030(a)(1); Count 3 charged him with third-degree assault in violation of AS 11.”

Davis v. State, 766 P.2d 41 (Alaska Ct. App. 1988). · cites it 2× “Davis next contends that the double jeopardy clause of the Alaska Constitution prohibits separate convictions and sentences for possession of cocaine with intent to deliver, AS 11.71.030(a)(1), and knowingly maintaining a dwelling used for keeping or distributing cocaine, AS 11.”

Knight v. State, 855 P.2d 1347 (Alaska Ct. App. 1993). · cites it 2× “Knight subsequently entered a plea of no contest to a charge of misconduct involving a controlled substance in the third degree in violation of AS 11.71.030(a)(1) (possession of cocaine with intent to deliver).”

Show all 115 citing cases →

— Alaska Stat. § 11.71.030(1) — 1 case

Ingram v. State, 703 P.2d 415 (Alaska Ct. App. 1985).

— Alaska Stat. § 11.71.030(a) — 6 cases

Dawson v. State, 894 P.2d 672 (Alaska Ct. App. 1995). “040(a)(5), were sufficiently distinguishable from the elements of de livery of a controlled substance, AS 11.71.030(a), to allow the entry of separate convictions for both offenses.”

State v. Steffensen, 902 P.2d 340 (Alaska Ct. App. 1995).

McGuire v. State, 70 P.3d 1114 (Alaska Ct. App. 2003).

State v. Eskridge, 53 P.3d 619 (Alaska Ct. App. 2002).

Haynes v. State, 15 P.3d 1088 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.030(a)(1) — 80 cases

State v. Joubert, 20 P.3d 1115 (Alaska 2001). “Joubert was indicted on one count of third-degree misconduct involving a controlled substance (possession of cocaine with intent to deliver) under AS 11.71.030(a)(1). 1 Joubert moved to suppress the crack cocaine rocks as fruits of an illegal search.”

Stuart v. State, 698 P.2d 1218 (Alaska Ct. App. 1985). “AS 11.71.030(a)(1). All three counts involved cocaine.”

Lausterer v. State, 693 P.2d 887 (Alaska Ct. App. 1985). “Lausterer was convicted pursuant to AS 11.71.030, 1 under which a person who sells or possesses for sale any amount of cocaine — regardless of how large or small — is subjected to conviction and punishment for a class B felony.”

Mustafoski v. State, 867 P.2d 824 (Alaska Ct. App. 1994). “Counts 1 and 2 charged Mustafoski with selling a schedule IIA controlled substance in violation of AS 11.71.030(a)(1); Count 3 charged him with third-degree assault in violation of AS 11.”

Resek v. State, 706 P.2d 288 (Alaska 1985). “[2] AS 11.71.030 provides: (a) ... a person commits the crime of misconduct involving a controlled substance in the third degree if the person (1) manufactures or delivers any amount of a schedule IIA or IIIA controlled substance with intent to manufacture or deliver; .”

— Alaska Stat. § 11.71.030(a)(1)(A) — 1 case

Dawson v. State, 977 P.2d 121 (Alaska Ct. App. 1999).

— Alaska Stat. § 11.71.030(a)(1)(C) — 2 cases

McMullen v. State, 426 P.3d 1168 (Alaska Ct. App. 2018).

Jonathan W. McGraw v. State of Alaska, 512 P.3d 994 (Alaska Ct. App. 2022).

— Alaska Stat. § 11.71.030(a)(1)(c) — 1 case

Smith v. State, 992 P.2d 605 (Alaska Ct. App. 1999).

— Alaska Stat. § 11.71.030(a)(2) — 8 cases

State of Alaska v. The Est. of Harry Powell, 563 P.3d 50 (Alaska 2025).

Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004).

State of Alaska v. Harry Norman Powell, 487 P.3d 609 (Alaska Ct. App. 2021).

Lewis v. State, 9 P.3d 1028 (Alaska Ct. App. 2000).

Thiessen v. State, 844 P.2d 1137 (Alaska Ct. App. 1993).

— Alaska Stat. § 11.71.030(a)(3) — 1 case

Shamberg v. State, 762 P.2d 488 (Alaska Ct. App. 1988).

— Alaska Stat. § 11.71.030(a)(9) — 1 case

James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023).

— Alaska Stat. § 11.71.030(c) — 11 cases

Vui Gui Tsen v. State, 176 P.3d 1 (Alaska Ct. App. 2008). “AS 11.71.030(a)(1) and AS 11.66.130(a)(1), respectively.”

Stuart v. State, 698 P.2d 1218 (Alaska Ct. App. 1985). “AS 11.71.030(a)(1). All three counts involved cocaine.”

Knight v. State, 855 P.2d 1347 (Alaska Ct. App. 1993). “Knight subsequently entered a plea of no contest to a charge of misconduct involving a controlled substance in the third degree in violation of AS 11.71.030(a)(1) (possession of cocaine with intent to deliver).”

Smith v. State, 892 P.2d 202 (Alaska Ct. App. 1995).

Whiting v. State, 191 P.3d 1016 (Alaska Ct. App. 2008).

— Alaska Stat. § 11.71.030(e) — 2 cases

Dawson v. State, 894 P.2d 672 (Alaska Ct. App. 1995). “040(a)(5), were sufficiently distinguishable from the elements of de livery of a controlled substance, AS 11.71.030(a), to allow the entry of separate convictions for both offenses.”

Rivas v. State, 706 P.2d 1202 (Alaska Ct. App. 1985).

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