Alaska Statutes

Alaska Stat. § 11.71.040 (2026)

Misconduct involving a controlled substance in the fourth degree

✓ current as of July 2026

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Sec. 11.71.040. Misconduct involving a controlled substance in the fourth degree.
(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person
     (1) manufactures or delivers any amount of a schedule IVA or VA controlled substance or possesses any amount of a schedule IVA or VA controlled substance with intent to manufacture or deliver;

     (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance;

     (3) possesses any amount of a schedule IA controlled substance listed in AS 11.71.140(e);

     (4) possesses a schedule IIIA, IVA, VA, or VIA 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;

     (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for keeping or distributing controlled substances in violation of a felony offense under this chapter or AS 17.30;

     (6) makes, delivers, or possesses a punch, die, plate, stone, or other thing that prints, imprints, or reproduces a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these on a drug, drug container, or labeling so as to render the drug a counterfeit substance;

     (7) knowingly uses in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person;

     (8) knowingly furnishes false or fraudulent information in or omits material information from any application, report, record, or other document required to be kept or filed under AS 17.30;

     (9) obtains possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;

     (10) affixes a false or forged label to a package or other container containing any controlled substance;

     (11) [Repealed, § 138 ch 4 FSSLA 2019.]
     (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4).

(b) It is an affirmative defense to a prosecution under (a)(4)(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. Nothing in this subsection precludes a prosecution under any other provision of this section or any other section of this chapter.

(c) Nothing in (a)(5) or (6) of this section precludes a prosecution or civil proceeding brought under any other provision of this section or any other section of this chapter or under AS 17.

(d) Misconduct involving a controlled substance in the fourth degree is a class C felony.

Notes of Decisions

Cited in 141 cases (4 in the last 5 years), 1983–2024 · leading case: Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999).

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Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). · cites it 12× “NOTES [1] AS 11.71.040(a)(3)(A) and (a)(5). [2] AS 11.”

Dawson v. State, 894 P.2d 672 (Alaska Ct. App. 1995). · cites it 11× “030(a)(1) (misconduct involving a controlled substance in the third degree), and five counts of maintaining a residence used for the distribution of cocaine, in violation of AS 11.71.040(a)(5) (misconduct involving a controlled substance in the fourth degree).”

Jordan v. State, 420 P.3d 1143 (Alaska 2018). · cites it 4× “Jordan was indicted on a charge of violating AS 11.71.040(a)(3)(F). 3 He moved to dismiss the indictment on the ground that the method used to weigh the marijuana was not legally sanctioned.”

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). · cites it 50× “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). · cites it 16× “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

Roussel v. State, 115 P.3d 581 (Alaska Ct. App. 2005). · cites it 9× “Viewing the evidence in the light most favorable to the State, we conclude that fair-minded jurors using reasonable judgment could find that the State had established Roussel’s guilt beyond a reasonable doubt.”

Garhart v. State, 147 P.3d 746 (Alaska Ct. App. 2006). · cites it 5× “040(a)(8)(F) (which prohibits the possession of one pound or more of marijuana) and AS 11.71.040(2)@B)(G) (which prohibits the possession of 25 or more marijuana plants) are both unconstitutional when applied to marijuana possession in one's home because neither statute requires…”

Hotrum v. State, 130 P.3d 965 (Alaska Ct. App. 2006). · cites it 6× “20 The legislature’s solution was to enact AS 11.71.040(a)(3)(G), the statute under which Hotrum was prosecuted, which prohibits possession of twenty-five or more marijuana plants.”

Smith v. State, 948 P.2d 473 (Alaska 1997). · cites it 2× “770 (hindering prosecution in the first degree); AS 11.71.040 (misconduct involving a controlled substance in the fourth degree); AS 11.”

Kelley v. State, 347 P.3d 1012 (Alaska Ct. App. 2015). · cites it 6× “2 AS 11.71.040(a)(2); AS 11.71.040(a)(3)(F) & (G); AS 11.”

Murray v. State, 12 P.3d 784 (Alaska Ct. App. 2000). · cites it 5× “" As to the second element outlined in Dawson (that Murray used the property for the purpose of keeping or distributing prohibited controlled substances in a manner amounting to a felony), Judge Card found that Murray had violated AS 11.71.040(a)(1) by possessing marijuana with…”

Atkinson v. State, 869 P.2d 486 (Alaska Ct. App. 1994). · cites it 4× “30, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person [[Image here]] (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures.”

Show all 141 citing cases →

— Alaska Stat. § 11.71.040(2) — 4 cases

Garhart v. State, 147 P.3d 746 (Alaska Ct. App. 2006). “040(a)(8)(F) (which prohibits the possession of one pound or more of marijuana) and AS 11.71.040(2)@B)(G) (which prohibits the possession of 25 or more marijuana plants) are both unconstitutional when applied to marijuana possession in one's home because neither statute requires…”

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

Cleland v. State, 759 P.2d 553 (Alaska Ct. App. 1988).

McGowen v. State, 359 P.3d 988 (Alaska Ct. App. 2015).

— Alaska Stat. § 11.71.040(2)(3)(G) — 1 case

Pease v. State, 27 P.3d 788 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.040(2)(5) — 1 case

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

— Alaska Stat. § 11.71.040(2)(8)(F) — 3 cases

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

McGowen v. State, 359 P.3d 988 (Alaska Ct. App. 2015).

— Alaska Stat. § 11.71.040(2)(8)(G) — 1 case

Pease v. State, 27 P.3d 788 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.040(4) — 1 case

Poggas v. State, 658 P.2d 796 (Alaska Ct. App. 1983).

— Alaska Stat. § 11.71.040(a) — 25 cases

Castle v. State, 999 P.2d 169 (Alaska Ct. App. 2000).

McBath v. State, 108 P.3d 241 (Alaska Ct. App. 2005).

Garhart v. State, 147 P.3d 746 (Alaska Ct. App. 2006). “040(a)(8)(F) (which prohibits the possession of one pound or more of marijuana) and AS 11.71.040(2)@B)(G) (which prohibits the possession of 25 or more marijuana plants) are both unconstitutional when applied to marijuana possession in one's home because neither statute requires…”

State v. Avery, 130 P.3d 959 (Alaska Ct. App. 2006).

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

— Alaska Stat. § 11.71.040(a)(1) — 5 cases

Snelling v. State, 123 P.3d 1096 (Alaska Ct. App. 2005).

Murray v. State, 12 P.3d 784 (Alaska Ct. App. 2000). “" As to the second element outlined in Dawson (that Murray used the property for the purpose of keeping or distributing prohibited controlled substances in a manner amounting to a felony), Judge Card found that Murray had violated AS 11.71.040(a)(1) by possessing marijuana with…”

Grandstaff v. State, 171 P.3d 1176 (Alaska Ct. App. 2007).

Cragg v. State, 957 P.2d 1365 (Alaska Ct. App. 1998).

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

— Alaska Stat. § 11.71.040(a)(12) — 2 cases

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

Alex Trenton Beltz v. State of Alaska, State of Alaska v. Lesli Renee Richardson, 551 P.3d 583 (Alaska Ct. App. 2024).

— Alaska Stat. § 11.71.040(a)(2) — 37 cases

Bachlet v. State, 941 P.2d 200 (Alaska Ct. App. 1997).

Hoekzema v. State, 193 P.3d 765 (Alaska Ct. App. 2008).

Kelley v. State, 347 P.3d 1012 (Alaska Ct. App. 2015). “2 AS 11.71.040(a)(2); AS 11.71.040(a)(3)(F) & (G); AS 11.”

Newhall v. State, 843 P.2d 1254 (Alaska Ct. App. 1992).

McGahan v. State, 807 P.2d 506 (Alaska Ct. App. 1991).

— Alaska Stat. § 11.71.040(a)(3) — 2 cases

Schaffer v. State, 988 P.2d 610 (Alaska Ct. App. 1999).

Charles Fenning Akelkok v. State of Alaska, 475 P.3d 1136 (Alaska Ct. App. 2020).

— Alaska Stat. § 11.71.040(a)(3)(A) — 43 cases

Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “NOTES [1] AS 11.71.040(a)(3)(A) and (a)(5). [2] AS 11.”

Howard v. State, 209 P.3d 1044 (Alaska Ct. App. 2009).

Jackson v. State, 791 P.2d 1023 (Alaska Ct. App. 1990).

Skjervem v. State, 215 P.3d 1101 (Alaska Ct. App. 2009).

Roussel v. State, 115 P.3d 581 (Alaska Ct. App. 2005). “Viewing the evidence in the light most favorable to the State, we conclude that fair-minded jurors using reasonable judgment could find that the State had established Roussel’s guilt beyond a reasonable doubt.”

— Alaska Stat. § 11.71.040(a)(3)(A)(ii) — 2 cases

Berezyuk v. State, 407 P.3d 512 (Alaska Ct. App. 2017).

Cardenas v. State, 435 P.3d 1002 (Alaska Ct. App. 2018).

— Alaska Stat. § 11.71.040(a)(3)(B) — 2 cases

Roussel v. State, 115 P.3d 581 (Alaska Ct. App. 2005). “Viewing the evidence in the light most favorable to the State, we conclude that fair-minded jurors using reasonable judgment could find that the State had established Roussel’s guilt beyond a reasonable doubt.”

Rynearson v. State, 950 P.2d 147 (Alaska Ct. App. 1997).

— Alaska Stat. § 11.71.040(a)(3)(F) — 17 cases

Jordan v. State, 420 P.3d 1143 (Alaska 2018). “Jordan was indicted on a charge of violating AS 11.71.040(a)(3)(F). 3 He moved to dismiss the indictment on the ground that the method used to weigh the marijuana was not legally sanctioned.”

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

Atkinson v. State, 869 P.2d 486 (Alaska Ct. App. 1994). “30, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person [[Image here]] (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures.”

McIntire v. State, 42 P.3d 558 (Alaska Ct. App. 2002).

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

— Alaska Stat. § 11.71.040(a)(3)(G) — 11 cases

Hotrum v. State, 130 P.3d 965 (Alaska Ct. App. 2006). “20 The legislature’s solution was to enact AS 11.71.040(a)(3)(G), the statute under which Hotrum was prosecuted, which prohibits possession of twenty-five or more marijuana plants.”

Walker v. State, 991 P.2d 799 (Alaska Ct. App. 1999).

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

Rofkar v. State, 305 P.3d 356 (Alaska Ct. App. 2013).

State v. Smith, 182 P.3d 651 (Alaska Ct. App. 2008).

— Alaska Stat. § 11.71.040(a)(3)(P) — 1 case

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

— Alaska Stat. § 11.71.040(a)(3)(a) — 1 case

Love v. State, 173 P.3d 433 (Alaska Ct. App. 2007).

— Alaska Stat. § 11.71.040(a)(5) — 20 cases

Dawson v. State, 894 P.2d 672 (Alaska Ct. App. 1995). “030(a)(1) (misconduct involving a controlled substance in the third degree), and five counts of maintaining a residence used for the distribution of cocaine, in violation of AS 11.71.040(a)(5) (misconduct involving a controlled substance in the fourth degree).”

Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “NOTES [1] AS 11.71.040(a)(3)(A) and (a)(5). [2] AS 11.”

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

Wahrer v. State, 901 P.2d 442 (Alaska Ct. App. 1995).

Jordan v. State, 420 P.3d 1143 (Alaska 2018). “Jordan was indicted on a charge of violating AS 11.71.040(a)(3)(F). 3 He moved to dismiss the indictment on the ground that the method used to weigh the marijuana was not legally sanctioned.”

— Alaska Stat. § 11.71.040(a)(8)(F) — 4 cases

Garhart v. State, 147 P.3d 746 (Alaska Ct. App. 2006). “040(a)(8)(F) (which prohibits the possession of one pound or more of marijuana) and AS 11.71.040(2)@B)(G) (which prohibits the possession of 25 or more marijuana plants) are both unconstitutional when applied to marijuana possession in one's home because neither statute requires…”

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

Pease v. State, 27 P.3d 788 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.040(a)(8)(G) — 1 case

Pease v. State, 27 P.3d 788 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.040(a)(9) — 2 cases

Roussel v. State, 115 P.3d 581 (Alaska Ct. App. 2005). “Viewing the evidence in the light most favorable to the State, we conclude that fair-minded jurors using reasonable judgment could find that the State had established Roussel’s guilt beyond a reasonable doubt.”

Alley v. State, 704 P.2d 233 (Alaska Ct. App. 1985).

— Alaska Stat. § 11.71.040(a)(B)(F) — 2 cases

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

— Alaska Stat. § 11.71.040(a2) — 2 cases

Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[5] I note that Maness's contention is supported by the record in Coffman v. State, Alaska App. Memorandum Opinion No.”

Pease v. State, 27 P.3d 788 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.040(a2)(5) — 1 case

Rofkar v. State, 305 P.3d 356 (Alaska Ct. App. 2013).

— Alaska Stat. § 11.71.040(a2)(8)(F) — 1 case

Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “More specifically, the State argues that when a defendant is charged with possessing four ounces or more of marijuana under AS 11.71.040(2)@8)(F); the State must prove only one culpable mental state-that the defendant "knowingly" possessed the marijuana-and the State is not…”

— Alaska Stat. § 11.71.040(a2)(B)(G) — 1 case

Pease v. State, 27 P.3d 788 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.71.040(d) — 17 cases

Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “NOTES [1] AS 11.71.040(a)(3)(A) and (a)(5). [2] AS 11.”

Roussel v. State, 115 P.3d 581 (Alaska Ct. App. 2005). “Viewing the evidence in the light most favorable to the State, we conclude that fair-minded jurors using reasonable judgment could find that the State had established Roussel’s guilt beyond a reasonable doubt.”

Snelling v. State, 123 P.3d 1096 (Alaska Ct. App. 2005).

Haag v. State, 117 P.3d 775 (Alaska Ct. App. 2005).

Garhart v. State, 147 P.3d 746 (Alaska Ct. App. 2006). “040(a)(8)(F) (which prohibits the possession of one pound or more of marijuana) and AS 11.71.040(2)@B)(G) (which prohibits the possession of 25 or more marijuana plants) are both unconstitutional when applied to marijuana possession in one's home because neither statute requires…”

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