(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. (1) assess the degree of danger or probable danger of the substance by considering the

   1. (A) actual or probable abuse of the substance including the

      1. (i) history and current pattern of abuse;
      2. (ii) scope, duration, and significance of abuse of the substance; and
      3. (iii) degree of actual or possible detriment that may result from abuse of the substance; and
   2. (B) risk to public health;
2. (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. (3) consult with the Controlled Substances Advisory Committee established under AS 11.71.100; and
4. (4) consult with the chief medical officer in the Department of Health.

(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. (1) a summary of the attorney general's findings under (b) of this section; and
2. (2) the finding required for an emergency regulation under AS 44.62.250(b).