Legislature(2017 - 2018)CAPITOL 106
02/08/2018 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB296 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 296 | TELECONFERENCED | |
| += | HB 313 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 296-YOUTH MARIJUANA PREVENTION PROGRAMS/FUND
3:04:50 PM
CHAIR SPOHNHOLZ announced that the only order of business would
be HOUSE BILL NO. 296, "An Act creating the Alaska marijuana use
prevention youth services grant program; creating the Alaska
marijuana use prevention, education, and treatment fund;
relating to the duties of the Alaska Children's Trust Board;
creating the marijuana use education and treatment program; and
relating to the duties of the Department of Health and Social
Services."
3:05:55 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, presented
proposed HB 296, as the sponsor of the bill. He paraphrased
from the Sponsor Statement [Included in members' packets], which
read:
In 2014, Alaskans legalized the use and possession of
marijuana in the state. Ballot measure 2 gave the
state the ability to tax and regulate the production,
sale, and use of marijuana. In 2015 the Alaska
Legislature decided to implement a $50/ounce tax on
marijuana sales. Since the measure went into effect in
early 2015 the state has collected more than $6
million dollars in tax revenue.
HB 296 creates the Alaska marijuana use prevention,
education, and treatment fund. Under current statute,
fifty percent of the tax revenue generated from
marijuana sales is designated to go to the recidivism
reduction fund established within the general fund.
The remaining fifty percent goes directly into the
general fund.
Under HB 296, the remaining fifty percent would be
allocated into the new fund. Under HB 296, fifty
percent of the new fund may be allocated to the
Department of Health and Social Services (DHSS) for a
comprehensive marijuana use education and treatment
program, and the remainder of the funds will go to the
newly established Alaska marijuana use prevention
youth services grant program which is administered by
the Alaska Children's Trust Board.
The program implemented by DHSS will focus on
statewide misuse prevention and education on the
effects of marijuana and the Alaska marijuana laws. It
also funds substance abuse screening and treatment as
well as monitoring public perception. Separately, the
Alaska Children's Trust Board will administer the
Alaska marijuana use prevention youth services grant
program, giving grants to non-profit out-of-school
programs that provide youth marijuana use prevention
and reduction curriculums.
It is the intent that the Legislature treat marijuana
much like alcohol and tobacco and invest in
prevention, education, and treatment services in
youths and adults to reduce long-term associated
costs. House Bill 296 creates statewide programs as
well as the funding structure to do so.
3:07:12 PM
SARA PERMAN, Staff, Representative Matt Claman, Alaska State
Legislature, paraphrased from the Sectional Analysis [Included
in members' packets], which read:
Section 1
Adds new sections to AS 17.38:
Creates the Alaska marijuana use prevention youth
services grant program and designates that it is
administered by the Alaska Children's Trust (ACT)
Board. The program provides funds and training to
statewide and community-based programs that focus on
reducing the number of youth trying marijuana for the
first time, and the number of youth consistently using
marijuana as well as reducing youth access to
marijuana and exposure to impaired driving. The
programs selected by the Board must be either 501c(3)
or federally recognized tribes, a municipal or state
government, or a school. The ACT Board is charged with
adopting regulations to carry out the grant program
including application requirements and reporting
criteria.
17.38.410
Creates the Alaska marijuana use prevention,
education, and treatment fund. The fund is part of the
general account and may be added to by appropriation
or donation. The legislature appropriates the 50% of
the marijuana sales tax revenue that is not used for
recidivism reduction fund toward the fund. Up to fifty
percent (50%) of the fund may go to the Alaska
marijuana use prevention, education, and treatment
program administered by the ACT Board while an equal
amount may go toward the marijuana use education and
treatment program administered by the Department of
Health and Social Services.
Section 2
Amends AS 37.14.230(a)
Updates the responsibilities of the Alaska Children's
Trust Board to include the administration of the
Alaska marijuana use prevention youth services grant
program.
Section 3
Amends AS 43.61.010(c):
Designates that the 50 percent of the marijuana sales
tax revenue that is not being used for the recidivism
reduction fund may be appropriated to the Alaska
marijuana use prevention, education, and treatment
fund.
Section 4
Amends 43.61.010(d):
Updates language to distinguish recidivism reduction
fund in place of 'fund'.
Section 5
Amends AS 44.29.020(a):
Updates the responsibilities of the Department of
Health and Social Services (DHSS)to include the
administration of a comprehensive marijuana use
education and treatment program which must include a
misuse prevention component, a public education
campaign, surveys of Alaskan populations about
attitudes and perceptions towards marijuana use,
monitoring of public health status related to
marijuana usages, and a substance abuse screening,
intervention and treatment component. To the extent
possible, the Department should administer the program
by grant or contract.
3:10:00 PM
REPRESENTATIVE SULLIVAN-LEONARD pointed to the opioid crisis as
the highest priority regarding drug use in Alaska and asked why
the collected sales tax was not being directed toward this.
REPRESENTATIVE CLAMAN, in response, shared that alcohol and
alcohol abuse was also an issue in the communities, and that
this proposed bill was an effort to educate people about
marijuana so there would not be the same abuse issues.
REPRESENTATIVE SULLIVAN-LEONARD asked if any of the marijuana
tax dollars were being directed toward the opioid crisis.
REPRESENTATIVE CLAMAN suggested that this be directed toward the
recidivism reduction fund, as it received 50 percent of the tax
per earlier legislation. He offered his hope that some of these
funds were being directed to address the opioid issues.
3:12:04 PM
CHAIR SPOHNHOLZ shared that there was a proposed bill for a tax
on opioids, which could be used for treatment.
3:12:20 PM
REPRESENTATIVE KITO offered his understanding that the marijuana
initiative and subsequent legislation had identified that 50
percent of the funds be directed toward treatment programs and
anti-recidivism programs. He pointed out that directing another
50 percent of this tax elsewhere would eliminate any revenue for
the general fund and would not offer any help to the fiscal
situation.
REPRESENTATIVE CLAMAN stated that, as the proposed bill did not
create a dedicated fund, any distribution of funds would be
determined by the legislature.
REPRESENTATIVE KITO suggested that passage of this proposed
legislation would create an expectation that all the funding
would be directed toward treatment or recidivism reduction. He
allowed that this could cause complaints that the money was not
being directed as determined by the legislature. He asked if
there was any discussion for identifying a lower amount of
funding, and then ramping up programs.
REPRESENTATIVE CLAMAN replied that they had spoken with
Department of Health and Social Services and a variety of non-
profit organizations interested in addressing marijuana
education and prevention of its abuse. He acknowledged that it
would create the expectation of a legislative priority.
3:15:22 PM
REPRESENTATIVE JOHNSTON asked if there was any current state
funding for after school programs.
3:16:14 PM
THOMAS AZZARELLA, Director, Alaska Afterschool Network, Alaska
Children's Trust, explained that, currently, the funds going to
after school programs were federal pass-through dollars from the
21st Century Community Learning Center programs. He explained
that those federal dollars were administered by each state for
targeted intervention at low-income, under-achieving schools.
He said that there was no specific line item or fund for funding
after school programs in Alaska. He reported that there had
been appropriations made to support physical infrastructure for
facilities.
3:17:12 PM
REPRESENTATIVE KITO asked about the origination of the language
for the proposed program, whether it was created in Alaska, or
used by another state. He asked how it would be verified that
this would result in a reduction for the use of marijuana by
youth.
MS. PERMAN asked whether he was referencing the Alaska
Children's Trust or the Department of Health and Social Services
section.
REPRESENTATIVE KITO directed attention to page 4, line 29 of the
proposed bill, which listed the components of the Department of
Health and Social Services program. He asked about the
components of the Alaska Children's Trust program. He declared
that, as he desired to know that the funding would be effective,
he wanted to know whether the language of the bill had been
adopted from another state and whether that program had been
effective.
MS. PERMAN reported that a work group had come together in 2014
and established a set of initiatives on which to focus, and then
had reviewed similar programs in California, Oregon, Colorado,
Washington, Maine, Massachusetts, and Nevada.
3:19:20 PM
REPRESENTATIVE CLAMAN clarified that the proposed bill did not
use specific language from other states.
3:20:00 PM
JAY BUTLER, MD, Chief Medical Officer/ DPH Director, Central
Office, Division of Public Health, Department of Health and
Social Services, presented a PowerPoint titled "Marijuana Use
Prevention, Education, and Treatment Fund." He suggested a
high-level overview with five components. He offered his belief
that the vision aligned with the 3 Cs: community engagement,
communication, and collaboration. He added a 4th C, a
comprehensive approach. He stated that although the focus was
for marijuana, it was with an awareness for the broader issues
related to substance misuse and addiction in Alaska. He
referenced slide 3, which depicted the allocation of the
funding, and slide 4, which listed the overarching goals of
Community-based marijuana misuse and prevention; youth
prevention; behavioral health treatment; and public health and
safety. He declared that the role of the Department of Health
and Social Services would be as the statewide coordinator for
these measures. He moved on to slide 5, and discussed the five
aspects of the program, which included: community-based
marijuana misuse prevention, with a focus on youth prevention;
assessment of knowledge and awareness of the laws, as well as
use of marijuana products, noting that it was necessary to
understand the concentration as well as edibles, beverages,
topicals, and vaping solutions; monitoring of population health
impact related to marijuana use and legalization; marijuana
education; and substance abuse screening, brief intervention,
referral, and treatment. He stated that this was the
comprehensive aspect. He added that cannabis use disorder was
thought to develop in about 10 percent of those who use cannabis
products and was similar to the rate of alcoholism with a higher
rate among those who initiate use during adolescence and teens.
3:23:42 PM
DR. BUTLER moved on to slide 6, "Community-based marijuana
misuse prevention," which focused on mitigating risk factors and
promoting protective factors. He shared that children engaged
with caring adults and those who participated in after-school
programs. He added that those who were engaged with their
families were less likely to initiate marijuana use in the teen
years. He added that they wanted to enhance existing programs
for public health and education to address substance misuse and
prevention. He noted that the Department of Education and Early
Development, community-based programs, and the Division of
Juvenile Justice would also be involved.
3:25:02 PM
DR. BUTLER presented slide 7, "Assessment and Monitoring." He
directed attention to the questions: Do youth perceive
marijuana as a less harmful substance due to legalization? Do
youth and adults see driving under the influence of marijuana as
dangerous? How has marijuana legalization affected Alaskan's
health and safety? He shared that there had been some one-time
funding from the Alaska Mental Health Trust Authority to begin
some of these assessments. He expressed his concern for data
which revealed that 16 percent of teens who used marijuana
reported that they had operated a vehicle "while high."
3:26:05 PM
DR. BUTLER shared slide 8, "Marijuana education." He stated
that this included assessment in the community to find "where
are the knowledge gaps." He stressed that this included
engagement with the health care community.
3:27:00 PM
REPRESENTATIVE SULLIVAN-LEONARD asked about the use of cannabis
for health reasons, including lupus, arthritis, or neuropathy,
and whether this use was also being gauged.
DR. BUTLER explained that about 10 percent of the respondents to
survey data stated that it was used for medicinal purposes.
3:27:54 PM
REPRESENTATIVE JOHNSTON asked if those people driving under the
influence of marijuana were driving very slowly.
DR. BUTLER reflected that driving very slowly was a compromise
in judgement and offered that there was great concern for the
compensation mechanisms when alcohol and marijuana were co-used.
He pointed out that driving under the influence of marijuana
while also driving under the influence of alcohol was "more than
an additive effect in terms of the possible compromise of the
ability to drive a vehicle." He shared three messages of
concern for public safety: driving under the influence;
underage use and inadvertent intoxication; and use during
pregnancy, although it was unclear of the immediate health
effects.
3:29:44 PM
CHAIR SPOHNHOLZ asked about damage to a developing brain from
marijuana use.
DR. BUTLER replied that the developing brain had cannabinoid
receptors as the brain made its own internal, or endo,
cannabinoids, which appeared to be necessary for normal brain
development. He declared that it was unclear how exogenous
cannabinoid might influence how the receptors were stimulated
and influenced brain development, especially early in life.
CHAIR SPOHNHOLZ asked about the development of the brains in
teens who could be experimenting recreationally with marijuana.
DR. BUTLER pointed out that the teen years was a time of
plasticity for the brain, and that the brain was "reeling itself
back in." He explained that exposure to substances during the
teen years, including marijuana, alcohol, tobacco, opioids, and
other drugs, appeared to be a particularly vulnerable period for
increasing the risk for problems in later years with substance
use disorders and addictions.
3:31:44 PM
REPRESENTATIVE KITO asked how determination to the amount of
support for the programs was made.
DR. BUTLER replied that this determination did not come out of
the blue, as marijuana had been legal in Alaska for four years,
and in retail establishments for two years. He pointed out
that, as it had been recognized "early on" that there were
potentials for health impacts, there had been review of the
infrastructure in states with legal marijuana. He explained
that this review had lead to the five areas of focus as well as
the details to the fiscal note for "how do we get to what we
think we need to be able to do this in a way that is going to
maximize the health benefit for Alaskans."
3:33:12 PM
REPRESENTATIVE KITO, referencing the fiscal note, asked what the
remainder of the $2 million not going into grants was going to
support.
DR. BUTLER explained that this included one staff person to run
the program, as well as the development of the educational
materials in conjunction with existing staff in the Office of
Substance Misuse and Addiction Prevention. He pointed out that
this involved visits to the communities and meetings with
people, noting that the users believed the retailers above most
others.
REPRESENTATIVE KITO asked for further clarification of the
fiscal note.
3:35:44 PM
JILL LEWIS, Deputy Director - Juneau, Central Office, Division
of Public Health, Department of Health and Social Services,
explained that there were two fiscal notes [Included in members'
packets], one from the Division of Public Health and the other
from the Division of Behavioral Health. She explained that the
Division of Behavioral Health would be responsible for the fifth
element, the screening, then the brief intervention and referral
to treatment aspect. She added that the PCNs were included in
that fiscal note, as well as two persons already employed who
would use 5 percent of their time for development of the
materials in the first year and then 10 percent of their time in
subsequent years.
3:36:50 PM
DR. BUTLER paraphrased from the data on slide 12, "Adults can
help reduce youth marijuana use," which he labeled as the take
home message, which read: "Supportive Teachers: Youth who agree
that teachers care and encourage them are 52 percent less likely
to have used marijuana in the past month."
DR. BUTLER moved on to slide 14, and compared Alaska with the
other states, Oregon, Colorado, Washington, and California,
which had legalized marijuana, even though Alaska had no
designated funding to address marijuana health related issues.
He stated that it was "very unlikely that we'll see federal
funding for this kind of work," unlike the federal grants, tax
revenues, and settlements for tobacco and opioid education.
3:39:15 PM
DR. BUTLER summarized and declared that everyone had an interest
in the health of Alaska youth.
CHAIR SPOHNHOLZ shared that the citizen initiative and the
cultural norming of marijuana had led to an increased use among
young people. She reflected that, as the health repercussions
over the long term were pretty serious, this was an opportunity
to address it.
3:40:18 PM
REPRESENTATIVE KITO asked if there was any consideration given
to contracting with existing organizations for educational
outreach and training.
DR. BUTLER acknowledged that it was open for all ways to
accomplish this. He pointed out that most of the public
outreach through the media was contracted.
3:41:34 PM
TREVOR STORRS, Executive Director, Alaska Children's Trust,
stated that everyone valued children and agreed that they should
be safe and healthy. He stated that it was necessary to think
about prevention. He explained that, as Colorado was in the
forefront for marijuana legalization, much of the lesson had
come from them for establishment of an entity outside
government. Colorado had identified the importance of being
nimble when dealing with youth and prevention work. He said
that having "an entity outside the standard, bureaucratic
system" allowed for this nimble process. He stated that the
Alaska Children's Trust used this model and he referred to a
report on after school programming by the McDowell Group
[Included in members' packets]. He declared that this issue did
not stop at marijuana, and that protective factors addressed all
substance uses, suicide, graduation, and other decisions. He
reported that, even though there were 26,000 kids in after
school programming getting these protective factors, there were
almost twice as many who wanted but could not access these
programs. He pointed out that with the use of $2.5 - $3
million, about 25 percent of the projected revenues, the numbers
would be lessened, especially in the rural communities. He
emphasized that it was not just the activity, but the connection
with the adult mentors that made the impact and built the
protective factors.
3:45:44 PM
MR. AZZARELLA explained that the "Alaska Afterschool Network"
was a program of the Alaska Children's Trust. He reported that
the afterschool network was the only statewide coalition and
organization dedicated to supporting and strengthening out of
school time for kids from kindergarten through twelfth grade.
He reported that there were more than 200 after school and
summer programs throughout Alaska. These programs included Boys
and Girls Club, Campfire, Twenty-first Century, culture camps,
parks and recreation, and Native Dance groups. He stated that
Alaska struggled with the effects of the opioid epidemic,
confronted alcohol abuse, and now, as it addressed the
legalization of marijuana, it was critical to understand the
role of protective factors for prevention of youth substance
use. He referenced the McDowell Group report for the protective
factors that helped youth avoid substance use and abuse and the
role which out of school time played in support. He declared
that the afterschool programs helped keep kids out of harm's way
and safe during those highest risk hours each day when both
parents were at work. He added that the afterschool programs
helped protect kids from risky behavior, both online and
offline, as the programs kept kids actively engaged in
recreation opportunities, as they learn and build life skills
which readied them for the work force. He pointed out that the
afterschool programs provided critical support time for working
families. He emphasized that kids and teens needed safe places,
and that it was critical for teenagers to have opportunities for
positive engagement outside school. He reported that,
currently, more than 45,000 kids in Alaska did not have
afterschool spots, as they were either not available,
waitlisted, or cost prohibitive. He referenced the 2017
statistic that 42 percent of youth had used marijuana at least
one time, and 22 percent had used in the last 30 days. He
reiterated that those risk hours of 3 p.m. to 6 p.m. were the
peak time for juvenile crimes, as well as the winter, spring
break, and summer vacation being key times for engagement of
risk behaviors.
3:50:40 PM
REPRESENTATIVE SULLIVAN-LEONARD asked about the breakdown
between medical use and recreational use of marijuana.
MR. AZZARELLA opined that this was referring to recreational
use. He returned attention to the PowerPoint titled,
Afterschool Programs, slide 3 "Afterschool Impact," and reported
that afterschool programs helped protect kids from risky
behaviors, both on and offline, helped avoid alcohol and drug
use, reduced juvenile crime, and helped lower depression and
anxiety. He reported that afterschool programs were connected
to youth academic gains, improved attendance, and increased
graduation rates. He declared that these programs were a
protective factor, as young people engaged in positive
opportunities out of school. He stated that these programs
helped develop a youth's individual protective factor with
improved school performance, as well as an increase in impulse
control skills, decision making, and social and emotional
learning skills. He pointed out that the afterschool programs
helped contribute to the protective factor growth for the
individual student level, the family level, the community level,
and the school level. He reported that not all afterschool
programs were built the same, as it was necessary to have
programming that specifically focused on reduction of youth
substance use. He noted that programs with clear specific goals
and objectives were more likely to achieve those outcomes. He
concluded that afterschool programs kept kids safe, inspired
learning, and helped support working families.
3:53:16 PM
REPRESENTATIVE JOHNSTON asked if there were any recent
projections for the number of children to be served by
afterschool programs.
MR. STORRS replied that they had not come up with specific
numbers, as the granting process determined the ability to
provide service, especially in the more expensive areas, and
that the needs would vary. He expressed his concern that
struggling programs would lose attendance.
3:54:36 PM
REPRESENTATIVE JOHNSTON asked if there was any intent to partner
with afterschool programs which had shown benefits and could be
expanded to other regions.
MR. STORRS replied that this was an advantage to the afterschool
network for partnerships with local and national programs. This
also helped with creation of the right program for a community.
REPRESENTATIVE TARR asked for additional information regarding
program participation to improved school outcomes. She spoke
about the economic realities for participation in some of the
programs.
3:57:23 PM
CHAIR SPOHNHOLZ announced that HB 296 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB296 Sponsor Statement 1.31.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Fiscal Note--DHSS-DBH 2.7.2018.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Fiscal Note--DHSS-DPH 2.7.2018.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Supplemental Document - ASD Increase Marijuana Suspension 1.31.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Supplemental Document - McDowell Group After School Programs Report 1.31.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Supplemental Document - TGYS Annual Report 1.31.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Supporting Document - DHSS Supporting Powerpoint 2.7.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 - Support Letter- Boys and Girls Club 2.7.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB296 Supporting Document - MJ Use in Alaska 2.7.18.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 296 |
| HB313 - Additional Documents - AKLegResearch.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 313 |
| HB313 Additional Documents - Connecticut - Legislative Research Article 2006 2.7.2018.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 313 |
| HB313 Additional Documents - State Refund Laws 2.7.2018.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 313 |
| HB313 Sponsor Statement - 2.7.2018.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 313 |
| HB313 Fiscal Note DCCED-IO 2.7.2018.pdf |
HHSS 2/8/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM |
HB 313 |
| HB296 Sectional Analysis 2.8.18.pdf |
HHSS 2/8/2018 3:00:00 PM |
HB 296 |