Legislature(2015 - 2016)CAPITOL 120
02/13/2015 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB8 | |
| HB79 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 8 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 83 | TELECONFERENCED | |
| += | HB 79 | TELECONFERENCED | |
HB 79-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
2:18:47 PM
VICE CHAIR KELLER announced that the final order of business
would be HOUSE BILL NO. 79 "An Act relating to controlled
substances; relating to marijuana; relating to driving motor
vehicles when there is an open marijuana container; and
providing for an effective date."
2:19:02 PM
PAMELA VAN HOUTEN suggested that public cafes for consumption of
marijuana could have darkening windows, high window above seven
feet, or in rooms where there are no windows, out of view of the
public. She stated when the [initiative] was passed, the U.S.
Coast Guard advised on the radio that it would prosecute people
on marine waters [for consumption of marijuana], and considers
it illegal. She opined it is setting up a "huge" area of
conflict for the voters who voted for the initiative. To
protect the public, tourists, travelers and citizens, not on
boats, a public cafe offers a safe location that is open,
friendly, and respectable, where people can congregate for
public use and consumption. In addition, she stated, bartenders
are presently required to monitor patrons at their level of
[alcohol] intoxication and, she opined, it could be the café
owners' responsibility to monitor people so when the patron
leaves the [marijuana café] they are mobile and functioning.
She offered that more research should be performed into the café
model as they have been successful in Amsterdam and Holland, or
they would have been closed down. She would like the state to
help to create successful, responsible business models for
public distribution and usage.
2:22:44 PM
KAREN O'KEEFE, Marijuana Policy Project, stated the current
draft is a dramatic improvement over previous drafts in taking
marijuana out of controlled substances. With regard to the
removal of "Not Withstanding any other Provision of Law" at the
beginning each of the protections for both marijuana businesses
and adults using marijuana, she opined, is in Alaska statutes in
a number of places and the intention of that phrase is to make
it crystal clear that these protections enacted by voters trump
anything to the contrary. She pointed out that there are many
parts of the statutes in Alaska, and possibly something may have
inadvertently not have been changed to conform to Measure 2, and
that phrase is paramount. If there were a decision that
constitutionally makes amendments in future, "except as provided
in ...." could be added, and cite a specific [provision]. She
stated the project is hopeful the phrase is reinserted and also
in keeping Sec. 17.38.020 for adult's protection for possessing,
growing and giving marijuana away to others, and that the limits
are not reduced in any manner.
2:25:36 PM
JOHN FARLEIGH, read a paragraph from the 2/13/15, Anchorage
Dispatch Publishing, regarding Colorado's experience [article
title unknown]:
Colorado has implemented a $700,000,000 marijuana
market without any of the dire consequences that
legalization upon it is warned about. Fatal car
accidents in the state are flat and well below the
past decade average and crime is down in Denver and
the surrounding area. While some societal effects of
marijuana legalization may not make themselves fully
known until several years down the line, the first
year of legal weed in Colorado went smoothly.
MR. FARLEIGH encouraged the committee members to read the entire
front page article. He pointed to page 17, Sec. 24. AS
11.71.900 and objected to the drafter deleting the sentence
"However, the growing of marijuana for personal use is not
manufacturing." He opined there should be a distinction between
someone growing for their own use at home and someone
manufacturing for sale. With regard to Sec. 45-48, relating to
seizure or forfeiture and, he opined, there has been a typo -
"bases" should be "basis". Mr. Farleigh then related a personal
incident with the state troopers due to being at a residence
where unbeknownst to him, his friend was growing marijuana in
his crawl space. Mr. Farleigh had $900 in his pocket which was
confiscated because the troopers believed he was at the
residence to buy marijuana, but he wasn't. He said that he
shouted "So, how much money can you have before the police rob
you?" The police officer did not answer his question but after
a period of time did give back his money. He suggested that
there are several aspects to the forfeiture law that need to be
addressed as police have been known to abuse that law and seize
property "just because they get to keep it." He opined there
should be a provision that property seized could in no manner go
to the law enforcement agency that seized it. He suggested
seizure should be appropriate only when ordered by a judge as
part of the sentencing. He expressed it is not fair for the law
enforcement officer to be "judge, jury and executioner."
VICE CHAIR KELLER related that it sounds like Mr. Farleigh has
an appreciation for the task before the House Judiciary Standing
Committee, in that regulating marijuana at the same level as
alcohol is a tall order. He noted that Mr. Farleigh's input is
taken seriously and the committee does not want to create a
situation where law enforcement is inappropriate.
2:36:11 PM
REPRESENTATIVE GRUENBERG explained that "bases" is the plural of
"basis," and is grammatically correct.
2:36:39 PM
MR. FARLEIGH referred to possession in the third degree, page
31, line 27, subsection (4) on his draft, and read "knowingly
possesses marijuana with an aggregate weight or more than one
ounce and less than four ounces ..." He stated that the
language does not "line up" with Ravin v. State, 537 P.2d 494
(Alaska 1975), decision allowing four ounces in an individual's
home. He stated it should not be possession in the third degree
to be consistent with other court rulings. He remarked that
when Washington State opened their stores, there was not a legal
supply to sell and recommends that licenses for production be
issued approximately three months before licensed for sale as
that is approximately how long it takes to grow and process the
plant.
REPRESENTATIVE KELLER recommends Mr. Farleigh check with the
Anchorage LIO on Monday for a new CS.
2:38:57 PM
GEORGE PIERCE stated that cannabis is not physically addictive,
which he noted is not true for tobacco users, heroin, alcohol,
and pharmaceutical users. He surmised there is nothing in
cannabis programing the brain to crave harder drugs, it does not
cause brain damage, and it does suppress violence. Marijuana,
he remarked, should be regulated like alcohol and nothing more.
He then referred to a study by the U.S. National Highway Safety
Administration regarding marijuana and driving performance in
which the study concluded that intoxication in drivers does have
some effect but unlike alcohol which appears to encourage risky
driving, cannabis appears to produce caution in drivers. He
surmised that cannabis may provide a safer substitute for
alcohol and other harmful drugs. He said that police should not
perform blood testing, as they are not doctors, and lawsuits
will come. There are too many restrictions in that legislators
are trying to punish, yet it is less dangerous than alcohol or
harder drugs. He further said legislators are trying to change
the referendum "to do how they want, regulate it and don't
change it your way. Educate yourselves and stop listening to
the people who do not know anything about it." Mr. Pierce
stated he disagrees with Senator Wielechowski's statement that
"alcohol, heroin, and cocaine have no medicinal purposes," as
"they" use all of those for medicinal purposes. Governor
Walker, he noted, said that marijuana could be developed by a
new marijuana board that shares resources with the Alcoholic
Beverage Control Board.
2:43:45 PM
MYSTIEK LOCKERY said that a close look should be taken with
regard to the forfeiture laws and recommends that for businesses
to be prepared for opening it requires four months or longer of
growth. Sec 17.38.020, must not be repealed and the legal
protections must stay intact. She pointed out that an
individual is allowed, under the initiative, to grow six plants
including the [harvest] of those plants in a person's home as it
would be wrong to make it a crime to grow healthy, well
producing plants. She described it as underhanded to attempt to
legislate away Ravin. She pointed out that a privately owned
business chooses to allow marijuana on its premises, or a
business set up to include that purpose should be allowed to do
so, she expressed. The smoke of marijuana does not have the
same harmful effects as cigarette smoke and it does not pose the
same danger to patrons or employees. She said that Dr. Donald
P. Tashkin, the lead pulmonologist research scientist for the
federal government over 30 years, proved that marijuana does not
cause lung cancer and does not lead to chronic obstructive
pulmonary disease (COPD). She mentioned that THC and CBD and
many other useful compounds of marijuana can be absorbed in
several ways and it is important to let people use it in the
best manner for them. Whether it is being used medically or
recreationally, edibles should in no manner be kept from
individuals. She opined it is unreasonable to keep something
from adults because you don't want children to have it and
mentioned she heard that Cynthia Franklin, director, ABC board,
said she would be able to have regulations ready, including
edibles, in a timely manner causing no delays. Ms. Lockery
remarked it is not THC that stays in the body for 60-90 days, it
is leftover residue waiting to leave the body.
2:50:05 PM
MARY JANE PETERSON advised she has been an activist for this
cause for many years and encouraged the committee to support
CSHB 79. She further stated that legislators must not repeal
voter enacted legal protections for personal possession, use,
and cultivating.
2:50:53 PM
REPRESENTATIVE KELLER read Dr. George L. Stewart's 2/13/15
opinion into the record (original punctuation included):
HB 79 is Critically Needed ! Marijuana is a toxic
substance with known effects on cognitive performance.
Its use must be regulated in the same way alcohol is -
no driving, flying airplane or other activities which
require a high level of cognitive performance.
Although use of marijuana is a personal choice, people
using it should not put others at risk. Police should
be able to arrest those driving under the influence of
marijuana, just as they do those driving under the
influence of alcohol. HB 79 clarifies the legal
issues related to arrests and court procedures
resulting from marijuana consumption and is critically
needed to protect the safety of non-consumers in
Alaska.
PLEASE - VOTE YES on HB 79.
[HB 79 was held over.]
2:52:10 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB08 Fiscal Note - DHSS.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Section Analysis-Power of Attorney.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Sponsor Statement - Power of Attorney.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Supporting Documents - AARP letter.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Supporting Documents-Article AARP summary report.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Supporting Documents-Article Remedying Financial Abuse by Agents Under a POA for Finances.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Supporting Documents-Article Uniform Law Commission.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 ver A Powers of Attorney.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |
| HB08 Supporting Documents-Articles multiple articles.pdf |
HJUD 2/13/2015 1:00:00 PM |
HB 8 |