Legislature(2005 - 2006)HOUSE FINANCE 519
02/14/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB334 | |
| HB379 | |
| HB395 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 379 | TELECONFERENCED | |
| + | HB 395 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 334 | ||
HOUSE BILL NO. 379
An Act relating to controlled substances.
MIKE PALOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, presented
an overview of the bill. HB 379 elevates gamma-
hydroxybutyric acid (GHB) to a classification of a
controlled substance in State law. GHB was elevated to a
schedule 1 in February 2000 by the federal government. The
issue came forward over the summer when a 16-year-old high
school student died after overdosing on a version of GHB not
covered under State law.
Mr. Pawlowski highlighted the changes made in the House
Judiciary Committee.
· Tightening of the title, Page 1, Lines 1 & 2, to avoid
the original version, which was an act, related to
controlled substances.
· The addition on Page 1, Line 14, a limitation for the
federally recognized drugs when intended for human
consumption. [Some of the chemicals do have legitimate
uses.]
· Page 2, only the federally recognized analogs to GHB
are explicitly in Statute.
· Section 2, repeals the classification GHB as a schedule
4, where it currently is in statute.
Mr. Pawlowski commented that those changes would send a
clear message that they are extremely dangerous drugs.
Co-Chair Meyer summarized that the legislation would move
GHB from a Class 4 to a Class 1. Mr. Pawlowski pointed out
that GHB has gained a lot of popularity as a "date rape
drug".
Co-Chair Meyer pointed out the zero fiscal note.
Representative Joule asked the result of moving GHB from a
Class 4 to a Class 1 offense. Mr. Pawlowski related that
the Alaska case was prosecuted under the federal law because
at that level it is a Class 1. In State law, the first
offense is not be applicable and the minimum sentence is a
year. Whereas, a Class 1, the same crime, the first offense
sentence would be 0-2 years or with a maximize sentence of
10 years.
Representative Joule asked how many cases could be impacted
with the changeover. Mr. Pawlowski shared that the dilemma
of GHB does not show up on a test. It is difficult to
detect. There would not be many possession cases because it
is so difficult to prove possession; however, when it has
been administered, the State could see more of those cases.
2:43:00 PM
Representative Joule voiced support for the direction the
bill was going but thought it would increase the Department
of Corrections budget overtime. Mr. Pawlowski agreed.
Co-Chair Meyer acknowledged that the State might see
financial consequences resulting from the legislation.
Vice Chair Stoltze noted there was no fiscal commentary from
the Public Defender office. Mr. Pawlowski responded that
the sponsor had only conferred with the Department of Law.
He indicated that they could ask for a fiscal note from the
Office of Public Advocacy (OPA) and the Public Defender if
that was the wish of the Committee.
Vice Chair Stoltze recommended it. Mr. Pawlowski emphasized
that the proposed change is already scheduled at the federal
level and recommended that it be put in compliance at the
Alaska State level.
2:46:08 PM
Representative Hawker recommended that the title be
"tightened up". He pointed out the reference be to "certain
chemically similar substances". He inquired if there had
been "expert testimony" from a pharmacologist indicating no
compromise of industrial activity. Mr. Pawlowski deferred
that question to Chris Beheim of the State Crime lab.
2:48:50 PM
CHRIS BEHEIM, (TESTIFIED VIA TELECONFERENCE), CRIME LAB
SUPERVISOR, DEPARTMENT OF PUBLIC SAFETY, ANCHORAGE, offered
to answer questions of the Committee. He spoke to the two
substances, Gamma Butyrolactone (GBL) and Butanediol (BD),
when taken internally, metabolize to GHB and produce exactly
the same chemical effect.
Representative Hawker asked if Mr. Beheim was comfortable
with the proposed list. Mr. Beheim replied they are his
recommendations based on federal statutes.
Representative Kelly asked how many other states have taken
these measures. Mr. Pawlowski was not sure of the exact
number but knew specifically of two. Every state has taken
their individual approach on the issue. The original
version of the bill was taken from California, which defined
an analogue in statute. Because of the way in which the
Alaska Statutes (AS) are written, that did not totally work
for us. New Jersey listed the chemicals as the ones
recognized by the federal government.
Representative Kelly asked if 50% of the states had
addressed the concern. Mr. Pawlowski thought that fewer
than half had; however, pointed out that federal law applies
everywhere.
Representative Weyhrauch requested more information on the
date-rape drug. Mr. Pawlowski responded that "by and
large", it is an industrial solvent.
2:52:00 PM
Co-Chair Meyer inquired about the industrial use for the
drugs. Mr. Beheim replied that GHB and BD are industrial
solvents used in manufacturing of fibers and pesticides,
having several other uses. The key concern is when used for
human consumption. Mr. Beheim provided examples of
substances with warnings.
Representative Holm asked which pesticides use the chemical.
Mr. Beheim did not know specific pesticide names.
Representative Foster MOVED to REPORT CS HB 379 (JUD) out of
Committee with individual recommendations and with the
accompanying zero note. There being NO OBJECTION, it was so
ordered.
CS HB 379 (JUD) was reported out of Committee with a "do
pass" recommendation and with zero note #1 by the Department
of Health & Social Services.
2:55:50 PM
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