Legislature(1999 - 2000)

03/31/1999 02:05 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 3                                                                                                                
                                                                                                                                
"An Act relating to controlled substances and to the                                                                            
possession and distribution of certain chemicals."                                                                              
                                                                                                                                
Co-Chair Therriault observed that he introduced similar                                                                         
legislation and that his office has worked with                                                                                 
Representative Brice on HB 3.                                                                                                   
                                                                                                                                
REPRESENTATIVE TOM BRICE, SPONSOR testified in support of HB
3. He reviewed his sponsor statement. Methamphetamine is an                                                                     
addictive stimulant that dramatically affects the central                                                                       
nervous system.  Methamphetamine is commonly known as                                                                           
"crank," "speed," and "ice."    The drug is easily made in                                                                      
laboratories with relatively inexpensive, over-the-counter                                                                      
ingredients. Methamphetamine laboratories are extremely                                                                         
dangerous, even if they are not producing as the                                                                                
combinations of the chemicals that are used in the                                                                              
production process are highly explosive.  These factors make                                                                    
methamphetamine a dangerous drug with great potential for                                                                       
widespread abuse. House Bill 3 raises the penalties for the                                                                     
manufacture of methamphetamines and their immediate                                                                             
precursors, and the possession of listed chemicals with the                                                                     
intent to manufacture these drugs.  Under the CSHB 3, the                                                                       
manufacture of methamphetamines and their immediate                                                                             
precursors will be a class A felony, punishable as provided                                                                     
in AS 12.55.125. It also identifies chemicals that are legal                                                                    
to posses but are used for the manufacture of controlled                                                                        
substances.  Possession of these chemicals with the intent                                                                      
to manufacture methamphetamines or their immediate                                                                              
precursors is made a class A felony.                                                                                            
                                                                                                                                
Representative Brice noted that section 1 establishes that                                                                      
the manufacture of methamphetamine or an immediate precursor                                                                    
of methamphetamine with the intent to manufacture is a class                                                                    
A felony. Section 3 clarifies that the provision only                                                                           
applies to conduct that is not proscribed under section 1.                                                                      
He explained that there are new processes with new chemicals                                                                    
being developed in the manufacture of methamphetamine.                                                                          
Therefore, it was decided that a list should be maintained                                                                      
to place the elements of the crime specifically in statute.                                                                     
He noted that the Internet contains information regarding                                                                       
the manufacturing of methamphetamine.                                                                                           
                                                                                                                                
Vice-Chair Bunde noted that some of the elements are                                                                            
relatively common. He questioned how many of the components                                                                     
a person would need to have in their position for                                                                               
prosecution. Representative Brice replied that it would be                                                                      
at the discretion of the law enforcement officers. He                                                                           
clarified that intent to manufacture methamphetamine must be                                                                    
demonstrated.                                                                                                                   
                                                                                                                                
JERRY LUCKHAUPT, LEGISLATIVE COUNSEL, LEGISLATIVE AFFAIRS                                                                       
AGENCY explained that possession of the chemicals is not                                                                        
made illegal. Possession must be accompanied by the intent                                                                      
to manufacture methamphetamine. He discussed circumstances                                                                      
that could lead to intent such as statements by the                                                                             
defendant or recipes and equipment used in the manufacture                                                                      
of methamphetamine.                                                                                                             
                                                                                                                                
Co-Chair Therriault observed that the legislation was                                                                           
amended to clarify that there must be intent to manufacture.                                                                    
                                                                                                                                
Representative J. Davies expressed concern with section 3,                                                                      
page 2. He questioned if there are other substances that                                                                        
could be manufactured with the same precursors.                                                                                 
                                                                                                                                
Mr. Luckhaupt explained that immediate precursors have been                                                                     
identified as separate controlled substances. He observed                                                                       
that the chemicals listed in section 3 are precursors.                                                                          
Immediate precursors are defined in A.S. 11.71.900. He noted                                                                    
that the legislation recognizes that the manufacture of                                                                         
methamphetamine is dangerous in itself. The intent to                                                                           
manufacture was upgraded from a class B to a class A felony.                                                                    
Manufacturing an immediate precursor carries the same                                                                           
penalty as manufacturing methamphetamine. Section 3 follows                                                                     
other controlled substance laws. Subsection 4 is an addition                                                                    
to existing law. It codifies a specific form of intent to                                                                       
manufacture methamphetamine or an immediate precursor to                                                                        
methamphetamine.                                                                                                                
                                                                                                                                
In response to a question by Representative G. Davis,                                                                           
Representative Brice clarified that all of the chemicals in                                                                     
section 5 are can be used in the manufacture of                                                                                 
methamphetamine.                                                                                                                
                                                                                                                                
Mr. Luckhaupt noted that the list follows federal law as                                                                        
essential in the illegal manufacture of a controlled                                                                            
substance. There are some chemicals used in the manufacture                                                                     
of methamphetamine, which are not on the federal list. These                                                                    
were added.                                                                                                                     
                                                                                                                                
Vice-Chair Bunde asked if there is a market for the                                                                             
immediate precursor. Representative Brice explained that the                                                                    
legislation responds to frustrations by enforcement officers                                                                    
in their inability to close methamphetamine laboratories                                                                        
before the controlled substance has been produced.                                                                              
                                                                                                                                
Co-Chair Therriault noted that 5 gallons of smoking                                                                             
chemicals were found in one operation. He emphasized the                                                                        
danger of immediate precursors.                                                                                                 
                                                                                                                                
Representative Austerman expressed surprise that there is no                                                                    
fiscal cost to the legislation. Representative Brice                                                                            
explained that the manufacture of methamphetamine is only                                                                       
beginning in the state of Alaska.                                                                                               
                                                                                                                                
Co-Chair Therriault noted that there were two prosecutions                                                                      
in the last year, and one of these was a federal case. He                                                                       
observed that the department felt that they could absorb the                                                                    
additional cost.                                                                                                                
                                                                                                                                
In response to a question by Representative J. Davies, Mr.                                                                      
Luckhaupt explained that federal law identifies the                                                                             
chemicals that are important to the manufacture of                                                                              
methamphetamine. The state and federal schedules do not                                                                         
match identically. He gave examples of differences between                                                                      
state and federal listings. He concluded that the state is                                                                      
making a finding that these substances are used in the                                                                          
manufacture of controlled substances so that possession of                                                                      
the chemicals with the addition of intent would be illegal.                                                                     
He noted that other chemicals could be added for                                                                                
prosecution. In addition, the general attempt statute                                                                           
mandates that whenever a person intends to violate any other                                                                    
state law that a crime is committed. The crime would be                                                                         
punishable one level below the crime that they intended to                                                                      
violate. He concluded that even if a person intended to                                                                         
manufacture methamphetamine and they possessed other                                                                            
chemicals, even if they were not a listed chemical, they                                                                        
would be prosecuted.                                                                                                            
                                                                                                                                
FIRST SGT. DAVID HUDSON, ANCHORAGE POLICE testified via                                                                         
teleconference in support of HB 3.                                                                                              
                                                                                                                                
BLAIR MCCUNE, ALASKA PUBLIC DEFENDERS AGENCY stated that                                                                        
they are concern with the use of methamphetamine. He                                                                            
questioned if sentencing would be tied to quantities. He                                                                        
stated that it is important to distinguish between a                                                                            
misguided youth and someone who is setting up a large                                                                           
laboratory. He discussed federal sentencing guidelines. He                                                                      
expressed concern with the inclusion of immediate precursors                                                                    
as a class A felony. He pointed out that a class A felony is                                                                    
serious. He noted that the Alaska Public Defenders Agency's                                                                     
fiscal note is indeterminate. The fiscal note was based on                                                                      
the Department of Law's estimations of additional cases. The                                                                    
Department of Law does not anticipate many additional cases                                                                     
initially.                                                                                                                      
                                                                                                                                
DON DAPCEVICH, ADIVSORY BOARD ON ALCOHOL AND DRUG ABUSE                                                                         
testified in support of HB 3. He stressed that the drug goes                                                                    
hand and hand with crime. He maintained that the legislation                                                                    
would act as a deterrent.                                                                                                       
                                                                                                                                
In response to a question by Representative J. Davies, Mr.                                                                      
Dapcevich stated that the Board supports the change to a 1A                                                                     
substance.                                                                                                                      
                                                                                                                                
RICHARD WALLIS CRAIGHTON, JUNEAU recounted personal                                                                             
experiences with the police.                                                                                                    
                                                                                                                                
(Tape Change, HFC 99 - 57, Side 2)                                                                                              
                                                                                                                                
Sergeant Hudson stated that the number of cases that would                                                                      
occur in the near future would not require a fiscal note.                                                                       
                                                                                                                                
Representative J. Davies asked if the possession of each                                                                        
chemical substance on the list would lead to a separate                                                                         
charge. Mr. Luchhaupt stated that it is possible that there                                                                     
would be multiple charges. He emphasized that he is not                                                                         
aware of cases involving multiple charges under the federal                                                                     
system, which contains similar language. He noted that one                                                                      
form of attempt to manufacture has been codified. He                                                                            
stressed that he would need to research the wording of                                                                          
language to clarify a single charge. The possession of the                                                                      
chemicals together is used to make the case of intent to                                                                        
manufacture.                                                                                                                    
                                                                                                                                
Representative Foster MOVED to report CSHB 3 (JUD) out of                                                                       
Committee with the accompanying fiscal notes.                                                                                   
                                                                                                                                
CSHB 3 (JUD) was REPORTED out of Committee with a "do pass"                                                                     
recommendation and an indeterminate fiscal impact note by                                                                       
the Alaska Public Defenders Agency and two zero fiscal notes                                                                    
one by the Department of Law and one by the Department of                                                                       
Public Safety.                                                                                                                  

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