Legislature(2017 - 2018)
2018-01-18 Senate Journal
Full Journal pdf2018-01-18 Senate Journal Page 1768 SB 146 SENATE BILL NO. 146 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; and authorizing the attorney general to schedule substances by emergency regulation." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Health and Social Services Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Department of Public Safety Fiscal Note No. 4, zero, Department of Law 2018-01-18 Senate Journal Page 1769 Governor's transmittal letter dated January 17: Dear President Kelly: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill allowing the Attorney General to schedule controlled substances by regulation on an emergency basis. Currently, State law requires the Legislature to pass legislation before a substance can be added to the list of controlled substances in Alaska. This process takes time, often years, and even once a bill is passed, drug traffickers often stay one step ahead of the law by simply changing a chemical component of a drug so it is no longer considered a controlled substance. In recent years, this has become a significant problem for substances such as spice and other synthetic opioids. For example, tramadol has an opioid-like effect on the body. This drug is on the federal controlled substances list, but was not a controlled substance in Alaska until recently, through inclusion as a schedule IVA controlled substance through Section Two, Chapter One, 4SSLA 2017. Tramadol pills sell for approximately five to ten dollars per pill in Alaska depending on where the pills are sold. School-age children are common abusers of the drug because of the easy acquisition and low cost. Before being scheduled as a controlled substance, State and local authorities could not seize the drug for prosecution without approval from federal authorities. Further, State prosecutors could not prosecute cases of tramadol abuse and federal prosecutors did not have the resources to adequately address those cases. To avoid a repeat of this situation, this bill would allow the Attorney General to schedule substances by emergency regulation. Before scheduling a substance, the Attorney General would need to assess the danger of the substance and consult with both the Controlled Substances Advisory Committee and the State's Chief Medical Officer. Additionally, the bill does not impair the ability of the Legislature, through enactment of law, from annulling a regulation, or adding a substance to the controlled substance statutory schedules. 2018-01-18 Senate Journal Page 1770 Allowing the Attorney General to schedule these dangerous substances by regulation would make us more agile and responsive when new or altered substances are identified. With this bill, the State would be able to keep up with drug traffickers as they alter these substances and enable the state to prosecute cases involving these new substances. We cannot continue to allow drug traffickers to be one-step ahead of us. Let us make a Safer and Smarter Alaska. I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor