Legislature(2017 - 2018)GRUENBERG 120

03/16/2018 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 387 AG SCHEDULE CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 75 GUN VIOLENCE PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
            HB 387-AG SCHEDULE CONTROLLED SUBSTANCES                                                                        
                                                                                                                                
1:01:31 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL  NO. 387,  "An Act  relating to  scheduled substances;                                                               
relating  to the  Controlled Substances  Advisory Committee;  and                                                               
authorizing  the  attorney  general  to  schedule  substances  by                                                               
emergency  regulation  or  repeal an  emergency  regulation  that                                                               
scheduled a substance."                                                                                                         
                                                                                                                                
1:02:52 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department  of  Law, explained  the                                                               
Sectional Analysis, as follows:                                                                                                 
                                                                                                                                
     Section 1 makes the president  of the Board of Pharmacy                                                                    
     the  chairman  of  the Controlled  Substances  Advisory                                                                    
     Committee.                                                                                                                 
                                                                                                                                
     Section 2 makes a  conforming change in conforming with                                                                    
     the  change  in  Section  1 and  removes  the  attorney                                                                    
     general as the chair and  makes the chair the president                                                                    
     of the Board of Pharmacy.                                                                                                  
                                                                                                                                
     Section 3 adds a new  duty to the Controlled Substances                                                                    
     Advisory  Committee  and that  duty  is  to advise  the                                                                    
     attorney general of the need  to schedule substances by                                                                    
     emergency regulation.                                                                                                      
                                                                                                                                
     Section  4 is  the  meat  of the  bill,  and Section  4                                                                    
     allows the  attorney general to schedule  substances by                                                                    
     emergency  regulation and  then  outlines  a number  of                                                                    
     things  that must  be considered  before the  substance                                                                    
     can be  scheduled.   Among them  are that  the attorney                                                                    
     general  must assess  the actual  or probable  abuse of                                                                    
     the  substance;  the  attorney  general  must  consider                                                                    
     whether the  substance has been already  scheduled on a                                                                    
     temporary  basis   under  federal  law;   the  attorney                                                                    
     general  must consult  with  the Controlled  Substances                                                                    
     Advisory Committee; and the  attorney general must also                                                                    
     consult  with   the  chief   medical  officer   in  the                                                                    
     Department of Health and Social Services.                                                                                  
                                                                                                                                
1:04:19 PM                                                                                                                    
                                                                                                                                
     Section  5   adds  to  the  definition   of  controlled                                                                    
     substances that are scheduled on  an emergency basis by                                                                    
     the attorney general.                                                                                                      
                                                                                                                                
     Section  6 adds  the definition  of substance  and that                                                                    
     substance  means  a   drug,  controlled  substance,  or                                                                    
     immediate precursor included in  the schedules that are                                                                    
     set  out in  statute, as  well as  substances that  are                                                                    
     scheduled  on  an  emergency   basis  by  the  attorney                                                                    
     general.                                                                                                                   
                                                                                                                                
     Section 7  adds to the  duties of the  attorney general                                                                    
     to schedule substances on an emergency basis.                                                                              
                                                                                                                                
     Section 8  says that  notice of scheduling  a substance                                                                    
     on an emergency basis must  be put on the Alaska Online                                                                    
     Public Notice System.                                                                                                      
                                                                                                                                
     Section 9 says  that the notice must  include a summary                                                                    
     of  compliance  with  the considerations  that  I  just                                                                    
     outlined in Section 4.                                                                                                     
                                                                                                                                
     Section  10 exempts  the  attorney general's  emergency                                                                    
     scheduling   process   from    the   normal   emergency                                                                    
     regulation  scheduling   process.     So,  this   is  a                                                                    
     different emergency regulation  scheduling process that                                                                    
     we're setting up.                                                                                                          
                                                                                                                                
1:05:36 PM                                                                                                                    
                                                                                                                                
     Section   11  adds   the  new   process  that   we  are                                                                    
     establishing to the emergency  regulation statute.  So,                                                                    
     if you looked  up that statute you would  find both the                                                                    
     normal  emergency regulation  process and  the one  for                                                                    
     the attorney general.                                                                                                      
                                                                                                                                
     Section   12   exempts   the  process   that   we   are                                                                    
     establishing   for  the   attorney  general   from  the                                                                    
     timelines that  are in place for  the current emergency                                                                    
     regulations.   Currently, they are  only in  effect for                                                                    
     120-days  and we're  exempting  the attorney  general's                                                                    
     process from that timeframe.                                                                                               
                                                                                                                                
     Section 13 says  that a regulation --  a substance that                                                                    
     is  scheduled   by  an  emergency  regulation   by  the                                                                    
     attorney general  is in effect  for 720-days.   It will                                                                    
     expire unless  the attorney general follows  the normal                                                                    
     regulation process and makes the regulation permanent.                                                                     
                                                                                                                                
     Section  14 is  the state  policy that  emergencies are                                                                    
     held to  a minimum  and exempts the  attorney general's                                                                    
     ability  to schedule  on an  emergency basis  from that                                                                    
     statute.                                                                                                                   
                                                                                                                                
1:06:50 PM                                                                                                                    
                                                                                                                                
ROBERT  HENDERSON, Deputy  Attorney  General, Criminal  Division,                                                               
Office of the  Attorney General, Department of  Law, advised that                                                               
as Ms.  Schroeder described,  this bill  creates a  new emergency                                                               
regulation process  that is unique  to controlled  substances and                                                               
unique  to designer  drugs.   It  is different  from the  regular                                                               
regulatory process and the  current emergency regulation process,                                                               
he advised.   It is  well known that  designer drugs come  on the                                                               
market  quickly,  and  the  state  as a  whole,  is  not  nimble,                                                               
flexible, or quick  enough to address these drugs  as they arrive                                                               
on the market.   He related that the Department  of Law (DOL) has                                                               
heard this information from  law enforcement, prosecutors, public                                                               
health, and  different venues.   The legislature would  then take                                                               
up the issue  and make a decision as to  whether to schedule that                                                               
controlled substance,  and where on  the list the drug  should be                                                               
scheduled.  Currently, he offered,  a bill can take several years                                                               
to pass, the  DOL has found that during that  time period, people                                                               
are getting hurt  and abusing the substance,  and law enforcement                                                               
is without the tools necessary to  interdict those new drugs.  He                                                               
pointed out that  depending upon the circumstance,  once the drug                                                               
is scheduled by  statute, the makers of that drug  may change its                                                               
chemical compound.   This legislation,  he described,  allows the                                                               
department to be nimbler as  those new chemical compounds come up                                                               
and the DOL can quickly and appropriately respond.                                                                              
                                                                                                                                
1:08:36 PM                                                                                                                    
                                                                                                                                
MR. HENDERSON  explained that HB  387 has several  protections to                                                               
ensure  that  the  attorney   general  exercises  that  authority                                                               
appropriately.  He  highlighted examples of where  this issue was                                                               
recently seen  and why there is  a need now for  this legislation                                                               
and he  referred to the new  drug "tramadol."  He  explained that                                                               
it  is  an  opioid  derivative,  a  mild  pain  killer,  that  is                                                               
currently a  Schedule IVA controlled  substance, and  the members                                                               
of  the Controlled  Substance Advisory  Committee (CSAC)  started                                                               
hearing about tramadol from community  members of Bethel in 2014.                                                               
Tramadol, he  explained, was purchased  on the internet,  sent to                                                               
Western Alaska,  was abused, and  sold illegally as  a substitute                                                               
for other opioids in the region.   Tramadol was introduced to the                                                               
2015 Alaska  State Legislature,  and for  several reasons  it was                                                               
not  actually enacted  until later  and added  to the  controlled                                                               
substances  schedule,   he  offered.     During  that   time,  he                                                               
commented, there  was a  two and one-half  year window  where the                                                               
CSAC knew  from law enforcement  and public health that  the drug                                                               
was  being   purchased  illegally,  distributed   illegally,  and                                                               
abused,  but there  was nothing  state law  enforcement could  do                                                               
about  tramadol.   The  federal  government  passed an  emergency                                                               
regulation and  it started to take  on the large cases,  and this                                                               
bill is designed, in part,  based upon how the federal government                                                               
schedules drugs.   He  advised that another  good example  is the                                                               
drug  "spice"  wherein  law enforcement  was  unable  to  address                                                               
enforcement.   This body  dealt with the  issue of  spice several                                                               
years  ago and  shortly  after  it was  added  to the  controlled                                                               
substances schedule,  the chemical compound changed,  he advised.                                                               
Ultimately, he explained, the way  spice is handled under current                                                               
law  is through  packaging,  wherein there  is certain  packaging                                                               
that someone  engages in, represents  it to be something  that it                                                               
is not,  and that person can  be held liable.   He described that                                                               
it is not an effective means  of interdicting some of these drugs                                                               
that result in real life public health consequences.                                                                            
                                                                                                                                
1:11:45 PM                                                                                                                    
                                                                                                                                
MR. HENDERSON  explained that HB  387 creates permission  to pass                                                               
emergency  regulations.    The   legislation  provides  that  the                                                               
attorney  general  will  provide  30-days public  notice  on  the                                                               
Alaska  Online  Public  Notification  System,  and  the  attorney                                                               
general  shall also  consider the  various factors  that go  into                                                               
determining whether  a substance should be  controlled.  Broadly,                                                               
he offered, it  relates to the pattern of abuse  such as, whether                                                               
the  substance is  dangerous, addictive,  and  subject to  abuse.                                                               
The code in  the proposed bill is more specific  in that the CSAC                                                               
goes through  the degree  of danger or  probable danger,  the way                                                               
the drug  is abused,  the type, the  severity, the  duration, the                                                               
scope, and  the CSAC  talks to  its public  health partners.   He                                                               
pointed out that those are  the issues the attorney general would                                                               
have  to access  and make  written findings  as to  all of  those                                                               
factors.    The  attorney  general  would  have  to  consult  the                                                               
Controlled  Substance Advisory  Committee, which  was created  by                                                               
statute and  contains a unique  group of skill sets  where people                                                               
have  come together  who are  all subject  matter experts  in the                                                               
realm of  controlled substances,  but for different  purposes and                                                               
different  reasons, he  explained.   The  current  makeup of  the                                                               
advisory  committee  has  nine members  and  Mr.  Henderson  then                                                               
listed  all  of the  members  of  the  CSAC.   He  described  the                                                               
committee as  a unique  and robust group  of individuals  who all                                                               
have an  expertise in  controlled substances  and are  looking at                                                               
the  issues through  their particular  areas of  expertise.   The                                                               
group  then comes  together to  discuss these  drugs in  order to                                                               
determine whether  it is  necessary to  schedule a  certain drug.                                                               
Under current  law, the  CSAC evaluates those  drugs and  makes a                                                               
recommendation  to the  governor   Under  this legislation,  that                                                               
recommendation  would be  made to  the attorney  general and  the                                                               
attorney  general would  then  consider  that recommendation,  he                                                               
explained.     When  offering  written  findings   and  making  a                                                               
recommendation, the  CSAC would have taken  testimony, sought out                                                               
public input  as it is subject  to the Open Meetings  Act, and it                                                               
moves through  the public  notice process.   Under  this proposed                                                               
bill,  he   offered,  an  abbreviated   version  of   the  public                                                               
participation would occur at the attorney general level.                                                                        
                                                                                                                                
1:15:20 PM                                                                                                                    
                                                                                                                                
MR.  HENDERSON  advised  that  in   addition  to  the  Controlled                                                               
Substance Advisory Committee and in  addition to reviewing all of                                                               
the previously listed factors, the  attorney general must consult                                                               
with the  chief medical officer  as to the public  health aspect,                                                               
in  addition   to  receiving  information  from   the  Controlled                                                               
Substance  Advisory Committee.    Once all  of  those steps  have                                                               
occurred,     the  attorney  general   can  issue   an  emergency                                                               
regulation  scheduling  a  new  designer   drug  at  one  of  six                                                               
controlled substance  schedules in Alaska.   He advised  that the                                                               
information  would  be  forwarded to  the  Lieutenant  Governor's                                                               
Office  and  posted  on the  Alaska  Online  Public  Notification                                                               
System, wherein that regulation would  be in effect for 720-days.                                                               
The intent  of the bill, he  described, is that during  that 720-                                                               
days, the legislature  would then have adequate  time to consider                                                               
the  regulation  and possibly  enact  legislation  to annul  that                                                               
regulation.    Within  that 720-days,  if  the  attorney  general                                                               
decides to move  to make that regulation  permanent, the attorney                                                               
general  would  follow  the regular  regulation  process  wherein                                                               
public notice is posted to  solicit comments and then responds to                                                               
the  comments  and  questions  the public  posted  online.    The                                                               
regulation must be  reviewed by the Department of  Law (DOL), and                                                               
it  then  goes  back  to the  Lieutenant  Governor's  Office  and                                                               
becomes  effective  30  days after  receipt  of  the  regulation.                                                               
Under the proposed bill, he  advised, if the attorney general did                                                               
not  move  to  make  the   regulation  permanent,  the  emergency                                                               
regulation  would  automatically  be repealed  and  the  attorney                                                               
general  would  not  be  permitted  to  re-issue  that  emergency                                                               
regulation.                                                                                                                     
                                                                                                                                
1:17:45 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  what  takes place  if  the attorney  general                                                               
decided  to  schedule  a  particular  substance  on  a  different                                                               
schedule than the federal government  had already ready scheduled                                                               
the substance.                                                                                                                  
                                                                                                                                
MR.  HENDERSON responded  that the  attorney general,  under this                                                               
proposed  bill,  would  have  that authority,  "and  we  do  that                                                               
already."    He  explained  that  currently,  there  are  several                                                               
controlled  substances   that  the  State  of   Alaska  schedules                                                               
differently than the federal government.                                                                                        
                                                                                                                                
CHAIR CLAMAN  interjected that that  was done by  the legislature                                                               
at the current time.                                                                                                            
                                                                                                                                
MR.  HENDERSON  added  that  the  manner in  which  the  bill  is                                                               
drafted, the attorney general would  have the authority to make a                                                               
determination as to where this new  designer drug goes in the one                                                               
of six schedules.   The most obvious example of  where this state                                                               
is  dramatically  different  than   the  federal  government,  is                                                               
marijuana.   Marijuana,  he  explained, under  federal  law is  a                                                               
Schedule I  drug, meaning that it  has no medical purpose  and it                                                               
cannot  be  prescribed.    In   Alaska,  it  is  a  Schedule  VIA                                                               
Controlled Substance and legalized  as recreational under certain                                                               
circumstances.  There  are other examples, he  offered, such that                                                               
the   state's  Schedule   IA  Controlled   Substances,  generally                                                               
speaking,  are  opiate or  opiate  derivatives,  such as  heroin,                                                               
morphine,  fentanyl, and  so forth,  and  the federal  government                                                               
schedules opioids  and opioid derivatives under  Schedule II, the                                                               
state defines its schedules differently.                                                                                        
                                                                                                                                
1:19:39 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked  whether the state could  schedule a substance                                                               
that the federal  government had chosen not to  schedule, or does                                                               
this bill  require that  first the  federal government  must take                                                               
action before the state can take action to schedule a substance.                                                                
                                                                                                                                
MR.  HENDERSON  answered  that  the bill  does  not  require  the                                                               
attorney general  to follow the  path of the  federal government,                                                               
but  it  does  require  the attorney  general  to  consider  what                                                               
actions the federal government had taken.                                                                                       
                                                                                                                                
1:20:18 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  suggested that  one  option  would  be to  have  a                                                               
regulation sunset after two or  three years or whatever period if                                                               
the legislature chose to not take  action to make it a controlled                                                               
substance by  act of the  legislature.  This  legislation removes                                                               
any legislative authority  to take that action, and  he asked why                                                               
not start the process and then  "kick it over" to the legislature                                                               
to determine, whether it is 720-days or a longer period of time.                                                                
                                                                                                                                
MR. HENDERSON replied that that  is how some other states address                                                               
the issue, for  example, the State of  Florida's attorney general                                                               
is authorized to  schedule drugs on an emergency  basis, and then                                                               
that action must be ratified  by the legislature within a certain                                                               
amount  of time.   The  Controlled  Substance Advisory  Committee                                                               
discovered,  when researching  this issue,  that the  1980 Alaska                                                               
Supreme Court had  already spoken, generally, as to  how to annul                                                               
or take  action against a  regulation.  The Alaska  Supreme Court                                                               
found  that  for  the  legislature to  annul  a  regulation,  the                                                               
legislature  must follow  the  constitutional  mechanics of  bill                                                               
passage,  meaning  that  there  must  be  three  readings  and  a                                                               
majority vote  in the  House of  Representatives and  the Senate.                                                               
He offered  that it is  the opinion of the  Controlled Substances                                                               
Advisory  Committee  that  the   ratification  procedure  is  not                                                               
possible given the interpretation of  the Alaska Supreme Court as                                                               
to how it interprets the regulation and annulment practice.                                                                     
                                                                                                                                
1:22:19 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked Mr. Henderson  to cite the decision  from the                                                               
Alaska Supreme Court upon which he was relying.                                                                                 
                                                                                                                                
MR. HENDERSON  responded that the  decision the CSAC  reviewed is                                                               
State of Alaska v. A.L.I.V.E. Voluntary, 606 P.2d 769 (1980).                                                                 
                                                                                                                                
1:22:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  whether  Mr. Henderson  had                                                               
reviewed  the 3/16/18  letter submitted  by  the Consumer  Health                                                               
Care Products Association regarding HB 387.                                                                                     
                                                                                                                                
MR. HENDERSON answered that he  saw the letter this afternoon and                                                               
briefly reviewed it, but he has  not had a chance to analysis the                                                               
letter in depth.                                                                                                                
                                                                                                                                
1:23:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS explained  that  the  crux of  the                                                               
letter was adding language to  HB 387, Sec. 4. [AS 11.71.125(e)],                                                               
page 3, lines 28-30, which would read as follows:                                                                               
                                                                                                                                
          (e)  The   attorney  general  may  not   adopt  an                                                                    
     emergency regulation under  this section that schedules                                                                    
     an  alcoholic  beverage  as defined  in  AS  04.21.080,                                                                    
     marijuana  as  defined  in AS  17.38.900,  non-narcotic                                                                  
     drugs if such drugs may  [under the Federal Food, Drug,                                                                  
     and Cosmetic Act, 921 USC  301 et seq] be lawfully sold                                                                  
     over  the  counter  or behind  the  counter  without  a                                                                  
     prescription, or tobacco.                                                                                                
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS asked  the department's perspective                                                               
on this suggestion.                                                                                                             
                                                                                                                                
MR. HENDERSON responded  that he is not prepared  to analyze that                                                               
suggestion  at this  time, although  he said  he does  understand                                                               
what  the proposed  language it  attempting to  do.   Wherein, he                                                               
related,  if   something  has   been  reviewed,   monitored,  and                                                               
accepted,   by    the   Federal   Food,   Drug,    and   Cosmetic                                                               
Administration, and  it is  permitted to be  an over  the counter                                                               
drug, should the attorney general  be allowed to schedule that on                                                               
an emergency  basis.  He advised  that he could not  speak to the                                                               
effect of the breadth of that type of amendment at this time.                                                                   
                                                                                                                                
1:24:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  whether  Mr. Henderson  was                                                               
aware of  any over  the counter  drugs and  not over  the counter                                                               
drugs  that have  been approved  by the  Federal Food,  Drug, and                                                               
Cosmetic Act that  can be dramatically abused.   He asked whether                                                               
Mr. Henderson  was aware of  any currently abused legal  drugs in                                                               
Alaska "that  could be for  which emergency regulations  could be                                                               
adopted."                                                                                                                       
                                                                                                                                
MR. HENDERSON answered,  "Not at this point."   There are certain                                                               
over the  counter drugs that are  abused, but he could  not speak                                                               
to whether there are drugs that  would be scheduled that are sold                                                               
over  the counter.    After reading  the  subject suggestion,  he                                                               
advised that  that is one  of the first  things he would  want to                                                               
review as well.                                                                                                                 
                                                                                                                                
1:25:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked   why  the  emergency  regulation                                                               
process was  not working  currently, and why  not simply  fix the                                                               
system rather than passing a bill.                                                                                              
                                                                                                                                
MR.  HENDERSON  responded  that,  in  part,  it  is  because  the                                                               
legislature has not  given the attorney general  the authority to                                                               
regulate on  this precise issue.   When the Alaska  Supreme Court                                                               
reviewed  the   Delegation  Doctrine,  meaning   the  legislature                                                               
delegating certain  authority to the executive  branch, the court                                                               
determined  that  the delegation  must  be  clear, precise,  with                                                               
standards, and  specific to  the topic,  he offered.   Currently,                                                               
the  attorney  general  does  not have  that  authority  to  pass                                                               
emergency regulations, he explained.                                                                                            
                                                                                                                                
1:26:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD commented  that Mr.  Henderson had  said                                                               
that there  was a procedure  in place for  emergency regulations,                                                               
so why is this bill necessary.                                                                                                  
                                                                                                                                
MR. HENDERSON responded  that there is a  procedure for emergency                                                               
regulations.  Currently, he explained,  the first step is that an                                                               
agency must have  been given authority to pass  regulations.  For                                                               
example,  he  offered,  the  Alaska Department  of  Fish  &  Game                                                               
(ADF&G) has  been given the  authority to pass regulations.   The                                                               
agency  can  then pass  an  emergency  regulation if,  under  the                                                               
current  law,  the  regulation is  necessary  for  public  peace,                                                               
health,  safety, and  general  welfare.   He  explained that  the                                                               
interpretation  [of public  peace,  health,  safety, and  general                                                               
welfare] is  different for  every agency,  such that  the ADF&G's                                                               
interpretation of an emergency is  different than another agency.                                                               
He offered that when the  ADF&G issues an emergency regulation to                                                               
close  the Little  Susitna River  for king  salmon, for  example,                                                               
that  decision  is  based  upon its  express  authority  to  pass                                                               
regulations "that  has been  delegated to  the legislature."   In                                                               
this instance, the  attorney general has not  been delegated that                                                               
authority so they do not have  the authority to pass an emergency                                                               
regulation.                                                                                                                     
                                                                                                                                
CHAIR CLAMAN  commented that currently,  no one in  the executive                                                               
branch has the authority to  schedule controlled substances, only                                                               
the legislature has that authority today.                                                                                       
                                                                                                                                
1:28:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  why [the  authority would  not be                                                               
given to  the] Department  of Health  and Social  Services (DHSS)                                                               
because it employs medical professionals.                                                                                       
                                                                                                                                
MR. HENDERSON  replied that  some states  have this  authority in                                                               
DHSS  or  the Board  of  Pharmacy,  and every  state's  authority                                                               
process  is  a  little  different.    The  model  used  for  this                                                               
legislation  was  crafted  after  the  federal  government  which                                                               
delegated that  authority to the United  States Attorney General,                                                               
and it is  modeled after the State of Florida  of which delegated                                                               
that authority  to the state  attorney general.  For  example, he                                                               
offered, the  State of  Indiana delegated  that authority  to the                                                               
Board  of Pharmacy  because  every state's  process  is a  little                                                               
different.                                                                                                                      
                                                                                                                                
1:29:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD asked whether  the attorney general would                                                               
oversee the Board of Pharmacy.                                                                                                  
                                                                                                                                
MR. HENDERSON explained that the  delegation of authority to pass                                                               
emergency  regulations can  be delegated  to a  specific body  or                                                               
individual within the executive branch.   This bill, as proposed,                                                               
delegates  the  authority  to  the   attorney  general,  but  the                                                               
legislature could  delegate that  authority to  another executive                                                               
body.                                                                                                                           
                                                                                                                                
1:30:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   REINBOLD   referred   to    HB   387,   Sec.   1                                                               
[AS.71.100(c)] page 1, lines 6-7, which read as follows:                                                                        
                                                                                                                                
       (c) the president of the Board of Pharmacy or the                                                                    
     president's designees [ATTORNEY GENERAL] is the chair                                                              
     [CHAIRMAN] of the committee.                                                                                               
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  Mr. Henderson  to  describe  the                                                               
relationship  between  the Board  of  Pharmacy  and the  attorney                                                               
general  because  it  appears  to  be  a  diversion  from  normal                                                               
practice.                                                                                                                       
                                                                                                                                
CHAIR CLAMAN  asked whether part of  this statute is to  take the                                                               
attorney general  off of  the Board of  Pharmacy so  the attorney                                                               
general would not  be involved in those decisions, or  is it just                                                               
removing the attorney general as chair of the Board of Pharmacy.                                                                
                                                                                                                                
MR. HENDERSON  answered, "No," the  bill changes the  chairman of                                                               
the  Controlled Substance  Advisory Committee  from the  attorney                                                               
general to  the Board of Pharmacy.   The attorney general  is not                                                               
on  the Board  of  Pharmacy,  and the  bill  makes  the Board  of                                                               
Pharmacy  designee as  the chairman  of the  Controlled Substance                                                               
Advisory Committee.   Under current law, the  attorney general is                                                               
the  chair of  the  Controlled Substance  Advisory Committee,  he                                                               
explained.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented   that  his  explanation  was                                                               
extremely helpful.                                                                                                              
                                                                                                                                
1:31:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked Mr. Henderson how  many people, in                                                               
general,   are  using,   abusing,   and  trafficking   controlled                                                               
substances.                                                                                                                     
                                                                                                                                
MR. HENDERSON deferred  to the Department of  Public Safety (DPS)                                                               
because he does not know the answer to that question.                                                                           
                                                                                                                                
1:31:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  requested a ballpark number  because she                                                               
was trying  to determine  how many of  the general  population is                                                               
affected by this bill, and whether  a lot of substances are being                                                               
abused, and that trafficking is taking place.                                                                                   
                                                                                                                                
MR. HENDERSON  advised that he  could not answer the  question of                                                               
how many  substances are  being abused because  he does  not have                                                               
that data.   Over the last several years, he  advised, there have                                                               
been  only two  new  drugs, tramadol-U47700  and  pink, that  the                                                               
Controlled   Substance   Advisory    Committee   recommended   be                                                               
scheduled.                                                                                                                      
                                                                                                                                
CHAIR  CLAMAN noted  that  there is  broad  recognition that  the                                                               
state does have substance abuse  issues and that prosecutions are                                                               
taking place every week for controlled substance violations.                                                                    
                                                                                                                                
1:32:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that it  would be helpful  to know                                                               
how  many  people are  using  and  abusing controlled  substances                                                               
outside   of  their   doctor's  recommendation,   and  how   much                                                               
trafficking is taking place in Alaska.                                                                                          
                                                                                                                                
CHAIR CLAMAN advised  Mr. Henderson that he could do  his best to                                                               
provide  the  information  that  is   available.    While  it  is                                                               
interesting information, he opined that  many of the questions of                                                               
use versus abuse is pretty  tough to get answers to, particularly                                                               
on a statewide level.                                                                                                           
                                                                                                                                
1:33:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD noted  that  there are  one through  six                                                               
schedules of drugs,  and asked the current law  when dealing with                                                               
them, such as possession, use, abuse, and trafficking.                                                                          
                                                                                                                                
CHAIR CLAMAN  pointed out  that this question  is far  beyond the                                                               
scope of this bill.                                                                                                             
                                                                                                                                
MR.  HENDERSON answered  that generally  speaking, there  are six                                                               
schedules  and five  different categories  of classifications  of                                                               
drug  offenses of  misconduct involving  a controlled  substance,                                                               
one through five, found under Title 11.71.                                                                                      
                                                                                                                                
1:34:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  the  law when  people are  using,                                                               
abusing, and trafficking controlled substances.                                                                                 
                                                                                                                                
MR. HENDERSON answered that it  depends on the circumstances, for                                                               
example,  someone  merely  possessing a  schedule  IA  controlled                                                               
substance,  such   as  heroin,  would  be   misconduct  involving                                                               
Schedule IV Controlled Substances.                                                                                              
                                                                                                                                
CHAIR CLAMAN  advised Representative Reinbold that  her questions                                                               
are regarding  the general criminal  law, a subject  within which                                                               
she previously  offered a  lot of opinions.   Chair  Claman noted                                                               
that  this  is  not  a  hearing   for  her  to  receive  a  basic                                                               
explanation of  the law  because Representative  Reinbold already                                                               
understands the law.                                                                                                            
                                                                                                                                
1:35:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented that  this  bill  will "do  a                                                               
little emergency regulation"  and put it up on  the Alaska Online                                                               
Public  Notification System.   She  said that  she would  like to                                                               
know  whether  it is  being  criminalized,  or getting  substance                                                               
abuse programs, or is this "just another little posting?"                                                                       
                                                                                                                                
MR. HENDERSON answered that if  the attorney general were to pass                                                               
an  emergency  regulation  and  schedule  a  drug,  for  example,                                                               
tramadol   as   a  schedule   IVA,   that   depending  upon   the                                                               
circumstances, possession and distribution  of that drug would be                                                               
a criminal offense.                                                                                                             
                                                                                                                                
1:35:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether he  had said  "possession                                                               
and use?"                                                                                                                       
                                                                                                                                
MR.  HENDERSON   clarified  that  he  had   said  possession  and                                                               
distribution.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  Mr.   Henderson  to  repeat  his                                                               
response.                                                                                                                       
                                                                                                                                
MR.  HENDERSON  replied that  the  law  classifies possession  or                                                               
distribution of  a controlled substance based  upon its severity,                                                               
depending on what  the person is doing and what  type of drug the                                                               
person  has  in their  possession.    In  the  event a  drug  was                                                               
scheduled as IA,  the distribution of the drug could  either be a                                                               
class B  or a  class C felony  depending upon  the circumstances.                                                               
Possession of that drug would be a misdemeanor.                                                                                 
                                                                                                                                
1:36:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  referred to the "Distribution  Sheet" in                                                               
front of her, and paraphrased as follows:                                                                                       
                                                                                                                                
     Heroin  is a  class B  felony if  it is  more than  one                                                                    
     ounce, and a class C felony  if less than one ounce; if                                                                    
     it is  cocaine or meth, it  is a class B  felony in any                                                                    
     amount if  it is more  than 2.5  ounces; and a  class C                                                                    
     felony if  it is less  than 2.5 ounces;  and possession                                                                    
     of  a hard  drug is  class C  felony and  a misdemeanor                                                                    
     jailtime is generally not authorized.                                                                                      
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  whether  this will  just  be  an                                                               
Alaska Online  Public Notification  System posting or  whether it                                                               
will  figure  out  how  many   people  are  using,  abusing,  and                                                               
trafficking, and the state actually  do something to penalize and                                                               
help  these people,  or is  this  just a  "simple little"  online                                                               
posting.                                                                                                                        
                                                                                                                                
MR.  HENDERSON responded  that once  the emergency  regulation is                                                               
passed, the  possession and  use would  become a  criminal action                                                               
and the state  could prosecute that offense;  therefore, it would                                                               
be more than just a posting.                                                                                                    
                                                                                                                                
1:37:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD asked Mr.  Henderson to carefully explain                                                               
whether it will be a class C felony with no jailtime.                                                                           
                                                                                                                                
MR. HENDERSON reiterated that it  depends upon the classification                                                               
in which the drug is scheduled  and it depends on what the person                                                               
is  doing with  that drug.   In  the event  it is  a schedule  IA                                                               
controlled   substance,  possession   would  be   a  misdemeanor;                                                               
distribution  over  one  gram  would   be  class  B  felony;  and                                                               
distribution of under one gram would be a class C felony.                                                                       
                                                                                                                                
REPRESENTATIVE  REINBOLD   asked  whether  this   bill  addresses                                                               
anything  other  than  posting  or   will  there  be  efforts  to                                                               
understand what  is taking place  in the communities  and causing                                                               
the crime.                                                                                                                      
                                                                                                                                
MR. HENDERSON reiterated that this  would be an important tool to                                                               
law enforcement, prosecutors, and  public health because the tool                                                               
allows the  state to be quick  and nimble when new  drugs hit the                                                               
market.    Once  the  new  drugs hit  the  market,  they  can  be                                                               
scheduled, get a search warrant,  and have the people prosecuted,                                                               
he advised.                                                                                                                     
                                                                                                                                
1:39:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  surmised  that  HB 387  would  give  the                                                               
attorney  general  the  ability  to take  a  substance  which  is                                                               
currently legal and  make it illegal with the  potential of being                                                               
a felony.                                                                                                                       
                                                                                                                                
MR. HENDERSON reiterated that depending upon the sentence, yes.                                                                 
                                                                                                                                
1:40:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  said  that  in the  event  the  attorney                                                               
general  believed a  substance was  misclassified and  a class  C                                                               
felony was not  high enough, could the  attorney general, through                                                               
this bill,  then reclassify  the substance  and put  it on  a new                                                               
schedule and  turn that previous  class C  felony into a  class B                                                               
felony.                                                                                                                         
                                                                                                                                
MR.  HENDERSON answered  "No," and  he reiterated  that the  bill                                                               
only  allows   the  attorney  general   to  add   new  controlled                                                               
substances, it does not allow  the attorney general to reschedule                                                               
or delete existing scheduled drugs.                                                                                             
                                                                                                                                
1:40:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to  HB 387,  [AS 44.62.260(c)(1)                                                               
and  (2)], page  7, lines  4-14, and  asked the  specifics within                                                               
which the 720-day limit can be extended.                                                                                        
                                                                                                                                
MR. HENDERSON  asked whether  Representative Eastman  was asking,                                                               
"can the 720-day limit be extended?"                                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN asked when  the regulation can continue to                                                               
be in effect past the 720-day  limit, and referred to HB 75, page                                                               
7, lines 4-14.                                                                                                                  
                                                                                                                                
MR. HENDERSON  answered that  a drug  could remain  in regulation                                                               
and extend  past the  720-days if  the attorney  general followed                                                               
the standard and normal regulation process.                                                                                     
                                                                                                                                
1:41:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN surmised  that the  language states  that                                                               
simply because [a drug was  identified] in this emergency status,                                                               
it  would  not  need  to   continue  in  this  emergency  status.                                                               
Basically,   he  said,   sometime  before   the  720-days,   [the                                                               
regulation] would  leave emergency status and  be concurrent with                                                               
the attorney general's current authority without this bill.                                                                     
                                                                                                                                
MR.  HENDERSON clarified  that if  the attorney  general followed                                                               
the Administrative  Procedures Act  before the expiration  of the                                                               
720-days, the regulation could remain.                                                                                          
                                                                                                                                
1:42:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether the  attorney general  can                                                               
currently follow  the Administrative  Procedures Act,  or whether                                                               
this bill is necessary.                                                                                                         
                                                                                                                                
MR.  HENDERSON reiterated  that currently,  the attorney  general                                                               
does  not have  the authority  to schedule  controlled substances                                                               
under the Administrative Procedures Act.                                                                                        
                                                                                                                                
1:42:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  Mr. Henderson  to describe,  under                                                               
the Administrative Procedures Act, the role of the legislature.                                                                 
                                                                                                                                
CHAIR CLAMAN  pointed out that the  Administrative Procedures Act                                                               
relates  to  the executive  branch,  and  the legislature  has  a                                                               
process in which to schedule controlled substances.                                                                             
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  Mr.  Henderson to  respond to  his                                                               
question for the record.                                                                                                        
                                                                                                                                
MR.  HENDERSON replied  that  the  Administrative Procedures  Act                                                               
effects and requires the executive  branch and the state agencies                                                               
to follow a  specific procedure when enacting a  regulation.  The                                                               
legislature has the  authority, which cannot be  taken away under                                                               
this  bill, to  enact a  proper bill  to annul  a regulation,  he                                                               
explained.                                                                                                                      
                                                                                                                                
1:43:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN surmised  that with  the passage  of this                                                               
bill  there could  be  a  legal substance,  and  if the  attorney                                                               
general followed this procedure with  absolutely no action by the                                                               
legislature, that substance could become illegal in perpetuity.                                                                 
                                                                                                                                
MR. HENDERSON reiterated, "Depending on the substance, yes."                                                                    
                                                                                                                                
1:44:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  noted that  Mr. Henderson  testified that                                                               
tramadol was  being purchased and  used illegally, and  there was                                                               
nothing the state  could do about the issue.   He asked what laws                                                               
were being violated  if it was purchased and  used illegally, and                                                               
why could the state not take action.                                                                                            
                                                                                                                                
MR. HENDERSON  answered that  the federal  government temporarily                                                               
scheduled tramadol via emergency regulation  and at that point it                                                               
became illegal under  federal law.  Alaska's  prosecutors and law                                                               
enforcement are charged with enforcing  state law.  Therefore, he                                                               
pointed out,  it was  illegal under federal  law but  not illegal                                                               
under state law because it was not a controlled substance.                                                                      
                                                                                                                                
1:45:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to  Sec. 4.  [Sec. 11.71.125(a)]                                                               
page 2, lines 26-30, which read as follows:                                                                                     
                                                                                                                                
          (a)  The  attorney  general  may,  by  regulation,                                                                    
     schedule a  substance under this chapter  regardless of                                                                    
     whether  the substance  is substantially  similar to  a                                                                    
     controlled   substance  listed   in   AS  11.71.140   -                                                                    
     11.71.180,   if  the   attorney   general  finds   that                                                                    
     scheduling  the  substance  on an  emergency  basis  is                                                                    
     necessary  to  avoid  an  immediate  hazard  to  public                                                                    
     safety.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether there  is a  definition of                                                               
public  safety the  attorney  general must  follow  or is  public                                                               
safety subjective on their part.                                                                                                
                                                                                                                                
MR. HENDERSON answered  that public safety is not  a defined term                                                               
under  Title  11.81, meaning  that  the  definition of  immediate                                                               
hazard to public safety would  be defined by the attorney general                                                               
under this proposed bill, taking  into account the factors listed                                                               
on page 3.                                                                                                                      
                                                                                                                                
1:46:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether  there is anything  in this                                                               
bill that would prohibit the  attorney general from deciding that                                                               
high fructose  corn syrup, for  example, was an  immediate hazard                                                               
to public  safety.  Thereby,  scheduling that syrup,  making that                                                               
syrup illegal  for 720-days, and  then go through  the regulatory                                                               
process of making it illegal in perpetuity.                                                                                     
                                                                                                                                
MR. HENDERSON answered,  in theory, that could  occur.  Although,                                                               
he offered,  given what the  attorney general must  consider, the                                                               
individuals with whom  the attorney must consult,  whether it had                                                               
been temporarily scheduled by federal  law, and whether there was                                                               
clandestine  importation, manufacture,  and  distribution of  the                                                               
substance, it is highly unlikely.                                                                                               
                                                                                                                                
1:47:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN said  that  if  the Controlled  Substance                                                               
Advisory Committee were to unanimously  recommend to the attorney                                                               
general  to  not  schedule  high  fructose  corn  syrup,  whether                                                               
anything in  the bill would  require the attorney general  to act                                                               
upon  that recommendation  or could  the attorney  general simply                                                               
decide not to take that recommendation.                                                                                         
                                                                                                                                
MR.  HENDERSON   replied  that  the  attorney   general  has  the                                                               
authority  to not  follow the  recommendations of  the Controlled                                                               
Substance Advisory Committee.   Except, he pointed  out, by doing                                                               
so, the attorney  general would have to articulate  the reason in                                                               
writing  and post  it on  the Alaska  Online Public  Notification                                                               
System for the public.                                                                                                          
                                                                                                                                
1:48:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  noted that  because the  attorney general                                                               
would be  given this  greater and  increased authority,  does the                                                               
department have  a position  on making  the department's  seat on                                                               
the Controlled  Substance Advisory Committee a  non-voting member                                                               
status.                                                                                                                         
                                                                                                                                
MR. HENDERSON responded  that that is not anything  that had been                                                               
considered at this point.   Under the proposed bill, the attorney                                                               
general would no longer be  the chair of the Controlled Substance                                                               
Advisory Committee in  order to address that precise  issue.  The                                                               
Controlled  Substance Advisory  Committee  can meet  only at  the                                                               
call of the chair and by  removing the attorney general as chair,                                                               
the bill  requires the Board  of Pharmacy  to call a  meeting, he                                                               
explained.                                                                                                                      
                                                                                                                                
1:49:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that  she had misspoken  and would                                                               
like to put her clarification on the record.                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  pointed out that  he was trying to  get to                                                               
public testimony and that this  discussion has been well over the                                                               
usual 15 minutes for questions.                                                                                                 
                                                                                                                                
REPRESENTATIVE   REINBOLD  related   that  it   is  a   point  of                                                               
clarification.                                                                                                                  
                                                                                                                                
CHAIR CLAMAN said that he  understands, but Representative Stutes                                                               
is  next for  questions,  and  then the  committee  will turn  to                                                               
public testimony.                                                                                                               
                                                                                                                                
REPRESENTATIVE STUTES indicated that  she would not ask questions                                                               
at this point.                                                                                                                  
                                                                                                                                
1:49:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN opened public testimony.                                                                                  
                                                                                                                                
1:50:07 PM                                                                                                                    
                                                                                                                                
SEAN  MOORE,  Director,  State   and  Local  Government  Affairs,                                                               
Consumer Healthcare  Products Association, said he  is testifying                                                               
today on  behalf of the Consumer  Healthcare Products Association                                                               
(CHPA), and reiterated that this  bill would provide the attorney                                                               
general authority  to schedule a substance  under emergency rule.                                                               
The CHPA  is the national trade  association representing leading                                                               
manufacturers and  marketers of  over the counter  (OTC) medicine                                                               
as well  as dietary supplements,  he offered.  The  CHPA's member                                                               
companies  appreciate the  intent of  this legislation  as it  is                                                               
something several other  states have grappled with,  and the CHPA                                                               
is sympathetic  to the difficulties in  the ever-revolving nature                                                               
of synthetic  drugs that are  used and distributed  by criminals.                                                               
He referred  to his [previously  discussed] written  comments and                                                               
pointed  out  that the  CHPS  is  concerned  that this  bill  may                                                               
unintentionally threaten  access to over the  counter medications                                                               
that   are  certified   through   the  Federal   Food  and   Drug                                                               
Administration  for use  and  are actually  used  by hundreds  of                                                               
thousands of Alaskans.  The  CHPS proposed one minor amendment to                                                               
address those concerns and specially,  the CHPS would like to see                                                               
Sec. 4,  page 3, lines  28-30 amended on  such a manner  that the                                                               
bill  excludes  marijuana and  tobacco  from  the scope  of  this                                                               
expanded  authority,  and   the  CHPS  would  like   to  see  OTC                                                               
medication included in that exclusion.   It is the CHPS's belief,                                                               
he described, that  this amendment is a straight  forward fix and                                                               
a fix  that has been  adopted in  several other states  that have                                                               
delegated this  authority to their  attorneys general  or another                                                               
body.  He offered that the  amendment would maintain the sense of                                                               
the bill and  ensure that Alaskans' access to  FDA approved OTC's                                                               
is not  interrupted, and  it would ensure  that the  CHPS' member                                                               
companies  are  able  to  operate  in  a  predictable  regulatory                                                               
environment.  For  these reasons, he said,  the CHPA respectfully                                                               
encourages the committee to amend  HB 387, and it appreciates the                                                               
committee's consideration of CHPA's position.                                                                                   
                                                                                                                                
1:52:21 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that no one  wished to testify,                                                               
closed public hearing on HB 387.                                                                                                
                                                                                                                                
REPRESENTATIVE REINBOLD pointed  to "a chart in front  of me" and                                                               
asked Captain  Duxbury, Alaska State  Troopers, to  clarify where                                                               
it read,  and she paraphrased  as follows:   "Heroin distribution                                                               
per  Senate Bill  91  [passed in  the  Twenty-Ninth Alaska  State                                                               
Legislature] was  an A  felony in any  amount.   And, post-Senate                                                               
Bill 91,  it was a  B felony if more  than one-ounce.   And then,                                                               
heroin distribution  post-Senate Bill 91  was a C felony  if less                                                               
than one-ounce."  She asked  Captain Duxbury to describe how much                                                               
heroin people are allowed to  possess because she believed it was                                                               
2.5  grams and  it was  enough to  kill 25  people.   Her overall                                                               
point,  she  offered, is  whether  this  is simply  allowing  the                                                               
attorney general "a  whole lot more authority or  are we actually                                                               
going to do  something with this bill to  actually improve public                                                               
safety?"                                                                                                                        
                                                                                                                                
1:54:10 PM                                                                                                                    
                                                                                                                                
MICHAEL  DUXBURY,  CAPTAIN,   Deputy  Commander,  Statewide  Drug                                                               
Enforcement  Unit  (SDEU),  Division of  Alaska  State  Troopers,                                                               
Department of Public Safety, responded that  the key to HB 387 is                                                               
its responsiveness  and agile ability  for law enforcement  to go                                                               
after, especially in  the deadly era of opioids  such as fentanyl                                                               
and  car-fentanyl, something  that  could be  another version  of                                                               
that  drug.   As  is  known, these  drugs  are  deadly, he  said.                                                               
Recently, he offered,  another drug called "preydom"  has come up                                                               
and it is  another drug sold in smoke shops  with a contamination                                                               
of salmonella that the country is "trying  to get a hold on."  In                                                               
response to Representative Reinbold's  question as to what amount                                                               
of heroin people are able to  have, he pointed out that heroin is                                                               
illegal and possession is illegal.   However, the committee would                                                               
do well to re-address, with  the deputy attorney general, some of                                                               
the issues that  are taking place.  There has  been some movement                                                               
...                                                                                                                             
                                                                                                                                
CHAIR  CLAMAN  advised  Captain Duxbury  that  his  testimony  is                                                               
limited to  the topic matter  of HB 387, this  is not a  forum in                                                               
which to debate the past acts of the legislature.                                                                               
                                                                                                                                
1:55:48 PM                                                                                                                    
                                                                                                                                
CAPTAIN DUXBURY advised  that possession of heroin  is not (audio                                                               
difficulties) trying to adjust that  and he has been working with                                                               
the attorney  general.   Also, he related,  the amount  of heroin                                                               
and the  other linked aspects  are not necessarily part  of this,                                                               
but what  is part of this  bill is the response  and agile aspect                                                               
that  will  help  law enforcement  enforce  laws,  especially  on                                                               
things that are coming which are unknown at this time.                                                                          
                                                                                                                                
REPRESENTATIVE REINBOLD noted that  previously the possession and                                                               
distribution of cocaine and meth was  a class B felony.  She then                                                               
reiterated    her   previous    description   of    the   current                                                               
classifications.    She  added  that prior  to  Senate  Bill  91,                                                               
possession  was  a  class C  felony  and  now  it  is a  class  A                                                               
misdemeanor with  almost no jailtime,  and "I had  the Department                                                               
of  Law budget  and basically  they were  dismissing about  7,000                                                               
misdemeanors and that's  all that possession is right  now."  Her                                                               
concern,  she offered,  is whether  the  legislature is  actually                                                               
going to  be doing something with  this bill to address  the drug                                                               
issue  or  is  this  simply  giving  the  attorney  general  more                                                               
authority and simply posting the  drug classification.  She asked                                                               
whether Captain Duxbury  supports HB 387, and  whether the Alaska                                                               
State Troopers are taking a position on this bill.                                                                              
                                                                                                                                
CHAIR  CLAMAN advised  Captain Duxbury  that these  questions and                                                               
statements are about the fourth  time Representative Reinbold has                                                               
asked the same question and Captain  Duxbury is not to answer her                                                               
questions.    Chair  Claman  pointed  out  that  Captain  Duxbury                                                               
testified  that  the   point  of  this  bill  is   to  give  more                                                               
flexibility within  which to schedule controlled  substances, and                                                               
Representative  Reinbold's   concerns  with  past  acts   of  the                                                               
legislature are not the topic of this bill.                                                                                     
                                                                                                                                
[HB 387 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB387 ver A 3.16.18.PDF HJUD 3/16/2018 1:00:00 PM
HJUD 4/4/2018 1:00:00 PM
HB 387
HB387 Sponsor Statement 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HJUD 4/4/2018 1:00:00 PM
HB 387
HB387 Sectional Analysis ver A 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HB 387
HB387 Additional Document-CHPA Testimony 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HB 387
HB387 Fiscal Note DHSS-PHAS 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HB 387
HB387 Fiscal Note DPS-COMM 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HB 387
HB387 Fiscal Note LAW-CRIM 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HB 387
HB075 ver D 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75
HB075 Sponsor Statement 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Sectional Analysis 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Washington Post Article - Five States Allow Gun Seizures 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Washington Post Article - Missouri Case 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-The Trace Article - ERPOs Reduce Suicides 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Sandy Hook Promise Letter 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Sandy Hook Promise Letters (Part 1) 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Public Comment (Part 1) 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75
HB075 Fact Sheet 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75
HB075 Fiscal Note DHSS-EPI 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Fiscal Note LAW-CRIM 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Fiscal Note DPS-CJISP 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Fiscal Note DPS-DET 2.28.18.pdf HJUD 2/28/2018 1:00:00 PM
HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-NYT Opinion - Mental Health System Can't Stop Mass Shooters 3.12.18.pdf HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Opposing Document-Public Comment (Part 1) 3.12.18.pdf HJUD 3/12/2018 1:00:00 PM
HJUD 3/12/2018 7:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75
HB075 Fiscal Note JUD-ACS 3.12.18.pdf HJUD 3/12/2018 1:00:00 PM
HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Public Comment (Part 3) 3.14.18.pdf HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Sandy Hook Promise Letters (Part 2) 3.14.18.pdf HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HB 75
HB075 Opposing Document-Public Comment (Part 2) 3.14.18.pdf HJUD 3/14/2018 1:00:00 PM
HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75
HB075 Additional Document-Redington v. State 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75
HB075 Supporting Document-Connecticut, Indiana, & Alaska Comparison Table 3.16.18.pdf HJUD 3/16/2018 1:00:00 PM
HJUD 3/19/2018 1:00:00 PM
HB 75