Initial Report and Recommendations - Alaska Department of Law
Initial Report and Recommendations - Alaska Department of Law Initial Report and Recommendations - Alaska Department of Law
Appendix HAttachments for RecommendationsRelated to the Definition ofAlcohol ManufactureForfeitureQuantity Consistency
Attachment 1: Definition of Alcohol ManufactureThe suggested statutory changes are as follows.Put in AS 04.21.080(b) alcohol definition section: "manufacture" of alcoholic beveragesmeans to use the fermentation process with natural or artificial sugar and yeast, or thedistillation process, to create alcoholic content.The statutes currently do not have a definition for “manufacture” as it relates to alcohol, butbelow are the definitions of Title 4 “alcoholic beverage” and Title 11.71 drug cases“manufacture”.AS 04.21.080(b)(1) "alcoholic beverage" means a spirituous, vinous, malt, or other fermented ordistilled liquid, whatever the origin, that is intended for human consumption as a beverage andthat contains one-half of one percent or more of alcohol by volume, whether producedcommercially or privately; however, in an area that has adopted a local option under AS04.11.491, "alcoholic beverage" means a spirituous, vinous, malt, or other fermented or distilledliquid, whatever the origin, that is intended for human consumption as a beverage by the personwho possesses or attempts to possess it and that contains alcohol in any amount if the liquid isproduced privately, or that contains one-half of one percent or more of alcohol by volume, if theliquid is produced commercially;AS 11.71.900(13) "manufacture"A. means the production, preparation, propagation, compounding, conversion, growing, orprocessing of a controlled substance, either directly or indirectly by extraction from substances ofnatural origin, or independently by means of chemical synthesis, or by a combination ofextraction and chemical synthesis; however, the growing of marijuana for personal use is notmanufacturing;B. includes the preparation, compounding, packaging, repackaging, labeling, or relabeling of acontrolled substance or its container unless done in conformity with applicable federal law(i) by a practitioner as an incident to the practitioner's administering or dispensing of a controlledsubstance in the course of the practitioner's professional practice; or(ii) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision,for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale;Attachment 2: ForfeitureBelow are the current provisions of the forfeiture statute as applies to alcohol offenses. Added inbold are the suggested statutory changes.AS 04.16.220(a) The following are subject to forfeiture:(1) alcoholic beverages manufactured, sold, offered for sale or possessed for sale, barteredor exchanged for goods and services in this State in violation of AS 04.11.010; alcoholicbeverages possessed, stocked, warehoused, or otherwise stored in violation of AS 04.21.060;alcoholic beverages sold, or offered for sale in violation of a local option adopted under AS04.11.491; alcoholic beverages transported into the State and sold to persons not licensed underthis chapter in violation of AS 04.16.170(b); alcoholic beverages transported in violation of AS04.16.125.Alaska Rural Justice and Law Enforcement Commission - Page 118
- Page 74 and 75: Appendix BBiographical Sketchesof C
- Page 76 and 77: Revenue. Mayor Botelho became Deput
- Page 78 and 79: His wide range of experience includ
- Page 80 and 81: Alaska Rural Justice and Law Enforc
- Page 82 and 83: Workgroup MembersWorkgroup 1: Law E
- Page 84 and 85: Appendix EPhotograph of Commissione
- Page 86 and 87: Appendix FCommission Recommendation
- Page 88 and 89: ) Power differential between govern
- Page 90 and 91: 9. Adequate legal infrastructure to
- Page 92 and 93: ___________________________________
- Page 94 and 95: encouraged and permitted to partici
- Page 96 and 97: ___________________________________
- Page 98 and 99: ___________________________________
- Page 100 and 101: Impact Statement:More culturally ap
- Page 102 and 103: ___________________________________
- Page 104 and 105: Option(s):a) Incorporating attitude
- Page 106 and 107: Current Status:Youth Opportunity Gr
- Page 108 and 109: Ideal Status:a) Aftercare programs
- Page 110 and 111: issues; and in the event this becom
- Page 112 and 113: ___________________________________
- Page 114 and 115: Ideal Status:Mandatory training yea
- Page 116 and 117: Current Status:In areas without an
- Page 118 and 119: Rationale for Option:To reduce the
- Page 120 and 121: All of the workgroups’ options ca
- Page 122 and 123: • All available vehicles should b
- Page 126 and 127: (2) materials and equipment used in
- Page 128 and 129: under this section if the family me
- Page 130 and 131: AS 04.11.140(g) package store licen
Appendix HAttachments for <strong>Recommendations</strong>Related to the Definition <strong>of</strong>Alcohol ManufactureForfeitureQuantity Consistency
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