Legislature(2011 - 2012)CAPITOL 120
02/08/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB253 | |
| HB255 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 253 | TELECONFERENCED | |
| + | HB 255 | TELECONFERENCED | |
| *+ | HB 299 | TELECONFERENCED | |
| *+ | HB 303 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 253 - CATHINONE BATH SALTS
[Contains brief mention of SB 140, the Senate companion bill,
and testimony from staff of one of its joint prime sponsors.]
1:03:44 PM
CHAIR GATTO announced that the first order of business would be
HOUSE BILL NO. 253. "An Act classifying certain substances as
schedule IIA controlled substances; and providing for an
effective date." [Included in members' packets was a proposed
committee substitute (CS) for HB 253, Version 27-LS1131\M,
Luckhaupt, 2/3/12.]
1:03:57 PM
REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, speaking
as one of HB 253's joint prime sponsors, mentioned that [the
synthetic cathinones which HB 253 is proposing to add to
Alaska's list of schedule IIA controlled substances] are
sometimes referred to as bath salts, relayed that there are very
severe consequences associated with their use as mind-altering
substances, and indicated that there is a Senate companion bill.
CHAIR GATTO noted that that Senate companion bill is SB 140,
sponsored [jointly by Senators Meyer, Geisel, and Olson].
1:07:03 PM
REPRESENTATIVE THOMPSON moved to adopt the proposed committee
substitute (CS) for HB 253, Version 27-LS1131\M, Luckhaupt,
2/3/12, as the working document.
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.
1:08:25 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, on behalf of Senator Meyer, one of the joint prime
sponsors of SB 140, the Senate companion bill, explained that
the drafter had noticed that one of the compounds which HB 253
is proposing to add to the list of schedule IIA controlled
substances was already included in Alaska's list of schedule IA
controlled substances, and so Version M makes conforming changes
- deleting that compound from the list of schedule IA controlled
substances via Section 2, and providing [a more chemically-
descriptive] reference to that compound in Section 1's proposed
AS 11.71.150(e)(12). The supervisor of Alaska's Scientific
Crime Detection Laboratory, she relayed, has confirmed that it's
the same compound [regardless that the various references to
that compound are worded differently]. Moving that compound as
Version M is proposing to do makes sense given that the list of
schedule IA controlled substances addresses opiates, whereas the
list of schedule IIA controlled substances would [with passage
of the bill] address other cathinones.
REPRESENTATIVE GRUENBERG removed his objection to the motion to
adopt Version M as the working document.
CHAIR GATTO relayed that Version M was before the committee.
1:14:32 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), in response
to questions, concurred that Version M's reference to that
compound - sometimes called methcathinone - is more complete,
and that that compound is being moved to the list of schedule
IIA controlled substances because it's chemically similar to the
other cathinones being added by the bill and to [other schedule
IIA controlled substances - such as] methamphetamine; and
explained that in Alaska, controlled substances are categorized
according to the level of danger they pose or might pose to the
public as determined by the legislature, with schedule IA
containing what the legislature considers to be the most
dangerous of substances. Moving the aforementioned compound as
Version M is proposing to do will have an impact for purposes of
sentencing, she surmised, because which of the various
controlled-substance crimes and their penalties might apply in
any given case is dependent upon which schedule a particular
drug/compound is listed under [and on the amount and
behavior/activities involved].
REPRESENTATIVE HOLMES surmised that the question before the
committee is which schedule of controlled substances should the
compounds referenced in the bill be added to.
1:19:22 PM
ORIN DYM, Forensic Laboratory Supervisor, Scientific Crime
Detection Laboratory ("Crime Lab"), Office of the Commissioner,
Department of Public Safety (DPS), in response to questions,
relayed that methcathinone was first developed around 1957 as an
appetite-suppressant weight-loss drug, but was "pulled" due to
its adverse side effects; that methcathinone can be thought of
as methamphetamine because chemically they are extremely
closely-related materials that can be easily manipulated to form
new compounds/drugs, and they have similar effects on a person;
and that Version M provides for a very thorough list of known
[cathinones].
REPRESENTATIVE LYNN asked whether the presence of cathinones in
someone's system can be detected via chemical testing.
MR. DYM - mentioning that such biological samples are sent
outside the state for analysis - said that currently there are
protocols for detecting methcathinone, cathinone, and
methylenedioxypyrovalerone, and that technology, though perhaps
a bit behind, is advancing in terms of being able to test for
the other compounds. For purposes of possession crimes,
however, the Crime Lab is able to identify the substances
themselves in their bulk form.
1:26:24 PM
RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment,
Division of Alaska State Troopers, Department of Public Safety
(DPS), in response to questions, explained that when law
enforcement officers suspect that a person is under the
influence of an intoxicating substance, the standard protocol is
to conduct a series of field sobriety tests, and if the person
fails those, and interviews with the person indicate that he/she
is under the influence of something, then law enforcement
officers can make an arrest and obtain a search warrant for a
[biological] sample to send off for testing. Furthermore, some
law enforcement officers qualify as being what he termed, "drug-
recognition experts," who could be brought in, in certain
situations, and law enforcement officers in the Matanuska-
Susitna (Mat-Su) valley, for example, have recently been
experiencing quite a few incidents involving cathinone abuse,
and so now have more experience in identifying people under the
influence of such compounds; the effects on a person are like
those of methamphetamine but far more pronounced: more
paranoia, more delusions, more hallucinations, et cetera.
However, because it is often the case that someone stopped for
impaired driving will be under the influence of multiple
intoxicating substances, law enforcement officers simply look
for general signs of impairment, rather than trying to determine
what particular substance the driver's behavior could be
attributed to. In conclusion, he predicted that with
cooperation from the Crime Lab, law enforcement officers are
going to be able to address many of the issues related to
enforcement.
REPRESENTATIVE STOLTZE mentioned that when samples are sent
outside for analysis, it is simply because doing so is much less
expensive than conducting such analyses in house.
CHAIR GATTO posited that the specificity of Version M's list of
cathinones will make it difficult for people to subvert the law
simply by changing the chemical composition of a particular
cathinone.
1:31:37 PM
MICHAEL COOPER, M.D., Deputy State Epidemiologist, Section of
Epidemiology, Division of Public Health, Department of Health
and Social Services (DHSS), explained that synthetic cathinones
are the active compounds found in pre-packaged powders - usually
made overseas, and found in local stores and over the Internet -
that are deceptively labeled as bath salts or plant food or
pond-water cleaner, and, in order to avoid regulation, usually
state on the packaging that the product is not for human
consumption. One study, he relayed, found that intravenous use
is the most common form of consumption, though snorting,
smoking, and rectal administration are pretty common as well.
Cathinone, derived from an East African shrub called Khat, is
included in the federal list of schedule I controlled
substances, and is easily altered to avoid regulation.
Cathinones are essentially like methamphetamines, increasing
certain neurotransmitter levels in the brain, creating an
adrenaline rush and a sense of euphoria, and increasing arousal
and alertness; their effects are very similar to those of
amphetamines, cocaine, and ecstasy; and they are often called
fake cocaine or legal cocaine. However, in addition to the
"desired" effects, he relayed, there is a host of unpredictable,
dangerous, and undesirable effects, including agitation,
aggression, hallucinations, paranoia, and seizures. There are
also widespread reports across the country attributing violent
crimes, suicides, homicides, and other bizarre behavior to the
use of cathinones.
DR. COOPER said that according to his limited research, most
experts are classifying the abuse of "bath salts" as being more
dangerous than the abuse of synthetic cannabinoids, though both
are dangerous. The typical patient under the influence of
cathinone can be agitated, aggressive, require substantial
restraints, hallucinate, exhibit bizarre behavior, have elevated
heart rate, blood pressure, and temperature, and can be a real
danger to himself/herself and everyone else around.
Furthermore, a recent article in a medical journal indicates
that another side effect of cathinone use is a life-threatening
skin infection - a necrotizing fasciitis - at injection sites;
in one case, amputation of the arm and a mastectomy were
required to address just such an infection.
1:35:45 PM
DR. COOPER - confirming that chemical testing of biological
samples for the presence of cathinones is currently done at an
outside laboratory - indicated that although the science behind
such testing is rapidly evolving, there are still a lot of
unknowns about it, and, in each individual case, also about
other things such as which particular compound was taken, how
much was taken, and how long after dosing might testing still
reveal a compound's presence. There is no antidote or specific
treatment for someone suffering the effects of cathinones. Such
a person can be monitored, though, and any observed secondary
side effects can be treated. Usually the effects of cathinone
use are short-lived - lasting anywhere between four to eight
hours - but there have also been reports of very long-term
psychiatric side effects occurring. After their initial
development, cathinone compounds fell out of favor because of
their high abuse and addiction potentials, but they've recently
become popular as mind-altering substances. For example, in
2010, poison control centers received only about 300 calls
related to cathinone use, whereas in 2011, they received over
6,000 such calls.
DR. COOPER said that as a result of cathinones' widespread use
and increasing popularity, their addictive potential, and an
increase in the number of reports of crimes related to cathinone
use, "about over" 30 states thus far have enacted legislation
banning the sale and possession of certain synthetic cathinones,
with a couple of those states having specifically addressed in
their legislation the issue of potential future variations.
Furthermore, the federal Drug Enforcement Agency (DEA) has used
its authority to temporarily [ban] certain synthetic cathinones
while it formulates a long-term policy. Synthetic cathinones
are being used in Alaska, he assured the committee, adding that
the Section of Epidemiology has published a bulletin documenting
case reports of patients under the influence of cathinones, and
he's heard from his colleagues working in Alaska's clinics and
emergency rooms that they've also been encountering people under
the influence of cathinones, and thus far this year, Alaska's
poison control center has received 15 calls related to cathinone
use.
DR. COOPER, in conclusion, said that the Division of Public
Health considers the abuse of synthetic cathinones to be a
growing problem [because] such products are poorly regulated,
are widely available, may contain a variety of chemicals, are
hard to detect, are psychoactive, and, by all accounts, are
gaining in popularity.
1:40:02 PM
QUINLAN STEINER, Director, Central Office, Public Defender
Agency (PDA), Department of Administration (DOA), reminded
members that which schedule a particular controlled substance is
placed under has a fairly significant impact on the PDA [because
its workload is dependent upon whether a particular case
involves a felony crime or a misdemeanor crime]. If, for
example, a particular drug is listed as a schedule IIA
controlled substance, then possessing only a small amount
[might] be a felony, whereas if that same drug is instead listed
as a schedule IIIA controlled substance, then possessing only a
small amount [might instead] be a misdemeanor, and the
difference between a felony and a misdemeanor is fairly
significant in terms of penalties for the perpetrator and case-
processing costs.
MS. CARPENETI - providing just a few examples of particular
behavior that could constitute particular controlled-substance
crimes, [and thereby indicating that which crime and subsequent
penalty might be charged and applied in any given case depends
upon the type and amount of drug/compound involved, and the
behavior/activities involved] - relayed that for the crimes of
misconduct involving a controlled substance, a first degree
crime is an unclassified felony under AS 11.71.010; a second
degree crime is a class A felony under AS 11.71.020; a third
degree crime is a class B felony under AS 11.71.030; [a fourth
degree crime is a class C felony under AS 11.71.040;] a fifth
degree crime is a class A misdemeanor under AS 11.71.050; and a
sixth degree crime is a class B misdemeanor under AS 11.71.060.
In response to a question, she noted that both methamphetamine
and cocaine [which have effects similar to those of the
cathinones listed in HB 253] are currently listed as schedule
IIA controlled substances.
1:44:55 PM
RICHARD ALLEN, Director, Anchorage Office, Office of Public
Advocacy (OPA), Department of Administration (DOA), said he
would echo Mr. Steiner's comments, indicating that those
comments were also pertinent with regard to the OPA. Regardless
that everyone might agree that cathinones should be outlawed and
shouldn't be available for legal sale in stores, as they
currently are, the more often that drugs/compounds get added to
the more dangerous controlled-substances' schedules, the longer
the sentences become for possession of even just small amounts,
which in turn increases incarceration costs. He opined, though,
that importing or distributing large quantities of cathinones
ought to be a high-level felony crime.
CHAIR GATTO, after ascertaining that no one else wished testify,
closed public testimony on HB 253.
REPRESENTATIVE HOLMES characterized the bill's proposed
placement of the enumerated cathinones into Alaska's list of
schedule IIA controlled substances as appropriate - cathinones
are dangerous drugs and should be treated that way.
REPRESENTATIVE GRUENBERG expressed appreciation for the bill.
REPRESENTATIVE THOMPSON surmised that there would be more such
legislation in the future as manufacturers continue to develop
new compounds.
1:51:59 PM
REPRESENTATIVE THOMPSON moved to report the proposed CS for
HB 253, Version 27-LS1131\M, Luckhaupt, 2/3/12, out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, CSHB 253(JUD) was reported
from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 255 Sponsor Statement.pdf |
HJUD 2/8/2012 1:00:00 PM HTRA 1/26/2012 1:00:00 PM |
HB 255 |
| HB 255 version I.pdf |
HJUD 2/8/2012 1:00:00 PM HTRA 1/26/2012 1:00:00 PM |
HB 255 |
| NCSL Texting Law by State.pdf |
HJUD 2/8/2012 1:00:00 PM HTRA 1/26/2012 1:00:00 PM |
HB 255 |
| HB255-ACS-TRC-01-20-12 (2).pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 255 |
| HB255-LAW-CRIM-01-22-12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 255 |
| HB255-DOA-OPA-1-20-12.pdf |
HJUD 2/8/2012 1:00:00 PM HTRA 1/26/2012 1:00:00 PM |
HB 255 |
| HB 253 Sponsor Statement.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 253 |
| HB0253A.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 253 |
| HB253-DPS-LAB-02-03-12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 253 |
| HB253-LAW-CRIM-02-03-12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 253 |
| HB0299A.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 299 |
| HB299 Letter of Support.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 299 |
| HB299 ALSC general handout(Jan2012) (2).pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 299 |
| HB299 SPONSORS STATEMENT.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 299 |
| HB299-LAW-CIV-02-03-12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 299 |
| HB299-LAW-CIV-02-03-12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 299 |
| HB 303 Sponsor Statement.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 303 |
| HB0303A.PDF |
HJUD 2/8/2012 1:00:00 PM |
HB 303 |
| HJR 303 Hearing Request.pdf |
HJUD 2/8/2012 1:00:00 PM |
|
| HB303-LAW-CRIM-02-03-12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 303 |
| Legal Memo 02.01.12.pdf |
HJUD 2/8/2012 1:00:00 PM |
|
| HB 255 CS D version 2 2 12.pdf |
HJUD 2/8/2012 1:00:00 PM |
HB 255 |