CSSB 74(JUD): "An Act making findings relating to marijuana use and possession; relating to marijuana and misconduct involving a controlled substance; and providing for an effective date."
00 CS FOR SENATE BILL NO. 74(JUD) 01 "An Act making findings relating to marijuana use and possession; relating to 02 marijuana and misconduct involving a controlled substance; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. The purpose of this Act is to protect the health and safety of persons in 08 this state and to provide legislative findings concerning this Act regarding marijuana and its 09 effects in this state. 10 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 FINDINGS. The type of marijuana available in the United States and Alaska today, 13 and the changes in the patterns of usage of the drug, particularly by young Alaskans, Alaska 14 Natives and those undergoing alcohol treatment, pose a threat to the public health and welfare
01 that justifies prohibiting possession in this state, even by adults at home. In this Act, the 02 legislature has considered its duty to implement the right to privacy in art. I, sec. 22, 03 Constitution of the State of Alaska, and its duty to promote the public health and welfare in 04 art. VII, sec. 4, Constitution of the State of Alaska. To carry out the intent of the voters and 05 the legislature, it will ultimately be necessary for the courts in Alaska to come to different 06 conclusions about state statutes relating to marijuana than those expressed in Noy v. State, 83 07 P.3d 538 (Alaska App. 2003), and Crocker v. State, 97 P.3d 93 (Alaska App. 2004). To assist 08 the courts in considering these issues, the legislature further finds that 09 (1) the potency of marijuana has increased dramatically since the 1960s and 10 1970s; the national average amount of delta-9-tetrahydrocannabinol (THC), the main 11 psychoactive ingredient, was less than one percent then, but increased steadily in the 1980s 12 and 1990s, and by 2003 was six times higher, at 6.4 percent; marijuana grown and available in 13 Alaska is much more potent than the national average, and has been tested with THC levels 14 over 20 percent; the average potency of Alaska marijuana for the period 1993-2003 was over 15 10 percent and for 2003 was nearly 14 percent; Alaska marijuana today commands hundreds 16 of dollars per ounce on the illegal market and is often sold in smaller amounts within the price 17 range of teenagers; the increasing potency of marijuana corresponds to an increase in 18 substance abuse treatment admissions, particularly youth 12 - 17 years of age, and in the 19 number of persons seeking emergency medical care due to marijuana-related incidents; 20 (2) several hundred adults and children are admitted into treatment each year 21 in Alaska for marijuana abuse, with more than half being children under 18 years of age and 22 more than a third being Alaska Natives; pregnant women in Alaska use marijuana at a higher 23 rate than the national average and the percentage of pregnant Alaska Native women using 24 marijuana is more than double the national average and the average for non-Native Alaskan 25 women; the percentage of Alaska Native high school youth who have used marijuana is 26 significantly higher than among non-Native youth; 27 (3) there is evidence that many users become dependent on marijuana under 28 the clinical standards applied by the Diagnostic and Statistical Manual of Mental Disorders 29 IV; studies have shown that use of marijuana and withdrawal from marijuana affect some of 30 the same neurochemical processes as known addictive drugs; Marijuana Anonymous chapters 31 to treat marijuana addicts exist in a majority of states in the country. This is persuasive
01 evidence of marijuana's potential for users becoming dependent on it. Currently, one-third of 02 all persons in Alaska treated for drug and alcohol problems are treated for marijuana abuse; 03 (4) early exposure of young people to marijuana increases the likelihood of 04 lifelong health and social problems, makes it more likely that the person will later use more 05 potent illegal drugs, and is associated with depression and an increased risk of attempting 06 suicide; 07 (5) a high percentage of persons in treatment for alcohol abuse also abuse 08 marijuana, particularly among Alaska Natives; although the relationship between marijuana 09 and alcohol and other drugs is not fully understood, there is a correlative effect that makes it 10 more difficult to treat alcoholism when marijuana is also used; 11 (6) marijuana consists of hundreds of different chemicals and can affect 12 almost every organ and system in the body, including the lymph system, the heart, and the 13 lungs; THC binds to receptors in the brain that should otherwise bind to naturally occurring 14 brain chemicals; marijuana can affect memory, attention, judgment, and other cognitive 15 functions and can impair motor coordination, time perception, and balance; marijuana smoke 16 contains more carcinogenic hydrocarbons than tobacco smoke; marijuana often contains 17 bacteria or fungus that are dangerous to humans, and is harvested and sold without removing 18 pesticides and fungicides; 19 (7) a high percentage of persons arrested in this state, including adults and 20 juveniles who commit violent offenses, have marijuana in their system at the time of the 21 arrest; the percentage is particularly high for adults arrested for domestic violence who test 22 positive for marijuana at the time of the arrest; 23 (8) if a parent uses marijuana, their children are four to five times more likely 24 to become marijuana users; many high school students report that they have been able to get 25 marijuana at home or from a relative; criminal penalties for possession of marijuana in the 26 home will deter possession by adults and reduce its availability and accessibility to children; 27 studies have shown that criminal penalties for possession of marijuana are effective in 28 increasing the perception among teenagers of the risks of using the drug, thus reducing its use 29 by young people; 30 (9) in Noy v. State, 83 P.3d 538 (Alaska App. 2003), the Alaska court of 31 appeals allowed any person over 17 years of age to possess up to four ounces of marijuana in
01 their home; at the same time, the court held that possession of four ounces could legitimately 02 be prohibited even in the home because it was reasonable for the legislature to conclude in 03 1982 that possession of four ounces is indicative of an intent to sell; the Noy decision also led 04 the same court in Crocker v. State, 97 P.3d 93 (Alaska App. 2004) to adopt requirements for 05 search warrants to investigate marijuana-growing that, in the words of the dissenting chief 06 judge, make it "difficult for the state to enforce legitimate laws prohibiting the sale and 07 possession of marijuana." 08 * Sec. 3. AS 11.71.040(a) is amended to read: 09 (a) Except as authorized in AS 17.30, a person commits the crime of 10 misconduct involving a controlled substance in the fourth degree if the person 11 (1) manufactures or delivers any amount of a schedule IVA or VA 12 controlled substance or possesses any amount of a schedule IVA or VA controlled 13 substance with intent to manufacture or deliver; 14 (2) manufactures or delivers, or possesses with the intent to 15 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 16 of an aggregate weight of one ounce or more containing a schedule VIA controlled 17 substance; 18 (3) possesses 19 (A) any amount of a schedule IA or IIA controlled substance; 20 (B) 25 or more tablets, ampules, or syrettes containing a 21 schedule IIIA or IVA controlled substance; 22 (C) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of three grams or more containing a 24 schedule IIIA or IVA controlled substance; 25 (D) 50 or more tablets, ampules, or syrettes containing a 26 schedule VA controlled substance; 27 (E) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of six grams or more containing a schedule 29 VA controlled substance; 30 (F) one or more preparations, compounds, mixtures, or 31 substances of an aggregate weight of four ounces [ONE POUND] or more
01 containing a schedule VIA controlled substance; or 02 (G) 25 or more plants of the genus cannabis; 03 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 04 (A) with reckless disregard that the possession occurs 05 (i) on or within 500 feet of school grounds; or 06 (ii) at or within 500 feet of a recreation or youth center; 07 or 08 (B) on a school bus; 09 (5) knowingly keeps or maintains any store, shop, warehouse, 10 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 11 keeping or distributing controlled substances in violation of a felony offense under this 12 chapter or AS 17.30; 13 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 14 thing that [WHICH] prints, imprints, or reproduces a trademark, trade name, or other 15 identifying mark, imprint, or device of another or any likeness of any of these upon a 16 drug, drug container, or labeling so as to render the drug a counterfeit substance; 17 (7) knowingly uses in the course of the manufacture or distribution of a 18 controlled substance a registration number that is fictitious, revoked, suspended, or 19 issued to another person; 20 (8) knowingly furnishes false or fraudulent information in or omits 21 material information from any application, report, record, or other document required 22 to be kept or filed under AS 17.30; 23 (9) obtains possession of a controlled substance by misrepresentation, 24 fraud, forgery, deception, or subterfuge; or 25 (10) affixes a false or forged label to a package or other container 26 containing any controlled substance. 27 * Sec. 4. AS 11.71.050(a) is amended to read: 28 (a) Except as authorized in AS 17.30, a person commits the crime of 29 misconduct involving a controlled substance in the fifth degree if the person 30 (1) manufactures or delivers, or possesses with the intent to 31 manufacture or deliver, one or more preparations, compounds, mixtures, or substances
01 of an aggregate weight of less than one [ONE-HALF] ounce [OR MORE] containing 02 a schedule VIA controlled substance; 03 (2) manufactures or delivers, or possesses with the intent to 04 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 05 of an aggregate weight of less than one-half ounce containing a schedule VIA 06 controlled substance, for remuneration; 07 (3) possesses 08 (A) less than 25 tablets, ampules, or syrettes containing a 09 schedule IIIA or IVA controlled substance; 10 (B) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of less than three grams containing a 12 schedule IIIA or IVA controlled substance; 13 (C) less than 50 tablets, ampules, or syrettes containing a 14 schedule VA controlled substance; 15 (D) one or more preparations, compounds, mixtures, or 16 substances of an aggregate weight of less than six grams containing a schedule 17 VA controlled substance; [OR] 18 (E) one or more preparations, compounds, mixtures, or 19 substances of an aggregate weight of one ounce [ONE-HALF POUND] or 20 more containing a schedule VIA controlled substance; or 21 (F) one or more preparations, compounds, mixtures, or 22 substances containing a schedule VIA controlled substance while driving 23 or operating a motor vehicle, aircraft, or motorized watercraft; or 24 (4) fails to make, keep, or furnish any record, notification, order form, 25 statement, invoice, or information required under AS 17.30. 26 * Sec. 5. AS 11.71.060(a) is amended to read: 27 (a) Except as authorized in AS 17.30, a person commits the crime of 28 misconduct involving a controlled substance in the sixth degree if the person 29 (1) uses or displays any amount of a schedule VIA controlled 30 substance; 31 (2) [OR] possesses one or more preparations, compounds, mixtures, or
01 substances of an aggregate weight of less than one ounce [ONE-HALF POUND] 02 containing a schedule VIA controlled substance; 03 (3) possesses one or more preparations, compounds, mixtures, or 04 substances containing a schedule VIA controlled substance while a passenger in a 05 motor vehicle, aircraft, or motorized watercraft; 06 (4) being the driver or operator of a motor vehicle, aircraft, or 07 motorized watercraft, knowingly permits a passenger to possess one or more 08 preparations, compounds, mixtures, or substances containing a schedule VIA 09 controlled substance; or 10 (5) [(2)] refuses entry into a premise for an inspection authorized under 11 AS 17.30. 12 * Sec. 6. AS 11.71.080 is amended to read: 13 Sec. 11.71.080. Aggregate weight of live marijuana plants. For purposes of 14 calculating the aggregate weight of a live marijuana plant, the aggregate weight shall 15 be one-sixth of the measured weight of the marijuana plant after the roots of the 16 marijuana plant have been removed [WHEN REDUCED TO ITS COMMONLY 17 USED FORM]. 18 * Sec. 7. AS 11.71.050(a)(2) is repealed. 19 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).