Legislature(2017 - 2018)GRUENBERG 120
02/15/2018 03:15 PM House STATE AFFAIRS
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Audio | Topic |
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Start | |
HB293 | |
HB224 | |
HJR21 | |
HB319 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 293 | TELECONFERENCED | |
+= | HB 224 | TELECONFERENCED | |
+= | HJR 21 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 319 | TELECONFERENCED | |
HJR 21-FEDS RESPECT STATE REG OF MARIJUANA 3:51:41 PM CHAIR KREISS-TOMKINS announced that the next order of business would be SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 21, Urging the federal government to respect the authority of the state to regulate marijuana use, production, and distribution and to honor previous federal guidance on marijuana policy; and urging the federal government to reconsider its listing of marijuana as a schedule I controlled substance. 3:52:03 PM REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature, as prime sponsor of HJR 21, testified that the original version of the proposed resolution simply asked the U.S. attorney general to honor the commitments of the Cole [Memorandum (Memo)] written under the previous administration [by U.S. Deputy Attorney General James M. Cole, U.S. Department of Justice (DOJ) on 8/29/13], which Alaska's statutes and policies support. He stated that the current attorney general has "backed off" on that commitment. The sponsor substitute (SS) for HJR 21, [labeled Version 30-LS0820\D and referred to as Version D], would request that the federal government support the previous policy and not undermine the wishes of the people of Alaska and the work that has been done in Alaska. He referred to copies of letters from 13 U.S. senators and many [state] governors and attorney generals, included in the committee packet, expressing concern on this issue. He mentioned that there are several related issues and one is states' rights; the people of Alaska have voted; and the [Alaska Supreme Court] decision of 1975, Ravin v. State, has been in place for many years. He maintained that it is appropriate for Alaska to stand up for the wishes of its residents. 3:54:15 PM REPRESENTATIVE WOOL asked if the current version of the resolution, instead of asking the federal government to honor the Cole Memo, urges it to reconsider its listing of marijuana as a schedule I controlled substance. REPRESENTATIVE GUTTENBERG explained that the language urging reconsideration of the listing of marijuana was added under Version D; however, the basic premise of the remainder of the resolution is to honor the tenants of the Cole Memo, which read in part as follows: • Preventing the distribution of marijuana to minors; • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; • Preventing the diversion of marijuana from states where it is legal under state law in some form to other states; • Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; REPRESENTATIVE GUTTENBERG referred to a newspaper article reporting that someone's business license had been revoked; the Cole Memo states that if a state honors and enforces the named tenants, then the federal government will not interfere with the state's policies. He relayed that the [Alaska] Marijuana Control Board explained that the reason it took this action against the business owner was because of these tenants. The public was surveyed about the changes they wanted to see, and they requested that the listing of marijuana as a schedule I controlled substance be changed. He maintained that the listing has hindered research on marijuana; it was a political decision that was wrong; and it has resulted in many unintended consequences over the years. 3:56:55 PM REPRESENTATIVE LEDOUX asked whether the section regarding marijuana as a schedule I controlled substance is new under Version D. REPRESENTATIVE GUTTENBERG replied yes. REPRESENTATIVE LEDOUX asked to know what else is different under Version D. REPRESENTATIVE GUTTENBERG answered that it refers to the letters from the governors, Alaska U.S. Senator Lisa Murkowski, and Alaska U.S. Representative Don Young; and it supports the intent of the original version of the resolution. CHAIR KREISS-TOMKINS clarified that the mention of the letters is included in the paragraphs on page 2, line 21 to page 3, line 21. REPRESENTATIVE GUTTENBERG confirmed that the paragraphs on page 2, lines 1-15, reflect language from the Cole Memo; the paragraph on page 2, lines 16-20, contains a comment from the American Medical Association (AMA), which is neutral regarding the issue but does support research; and the paragraphs included on page 2, lines 21-31 references Alaska's attorney general. He explained that there are two issues for Alaska's attorney general: one is the Cole Memo and the other is banking. He maintained that a business owner not being able to use a bank enhances all the crime and diversion of money activities listed in the Cole Memo. REPRESENTATIVE LEDOUX asked how marijuana not being a schedule I controlled substance would affect the priorities of DOJ listed in the Cole Memo and the ability to enforce them. 3:59:52 PM REPRESENTATIVE GUTTENBERG responded that the proposed resolution asks the federal government to reconsider marijuana's listing as a schedule I controlled substance. He stated that Alaska's statutes and regulations conform to the Cole Memo. He opined that if marijuana is removed from the list, there would be more research, banking for the marijuana industry would be enabled, and other states would consider [legalization of marijuana]. He relayed that Alaska is unique in its issues regarding transportation of marijuana, which involves boat or air transport or transporting through Canada. He maintained that relisting marijuana would allow "a more rational dialogue to happen about what marijuana is and its effect" and would allow for research. He relayed that under the schedule I listing, marijuana research is very limited, including medical research. REPRESENTATIVE LEDOUX asked why research couldn't be done in Alaska. She stated that she was very comfortable with the federal government not interfering with Alaska's marijuana industry and not overreaching. She mentioned that she has lost that level of comfort. REPRESENTATIVE GUTTENBERG asked, "Who would do the research?" He answered that question by saying that the University of Alaska (UA) can't do the research, because it gets federal funds. He maintained that there is not a laboratory in Alaska that could do the research, because it would require an expansive facility. He relayed that with marijuana as a schedule I controlled substance, no one in the industry can use the banking system. 4:03:21 PM REPRESENTATIVE LEDOUX expressed her understanding that there are bills in Congress to allow banking and possibly research. She stated that banking and research appear to be the two main issues; she is not aware of other ramifications of removing marijuana from schedule I. She opined that the resolution asking the federal government to "leave us alone" has become overly broad. REPRESENTATIVE GUTTENBERG replied that federal bills are just like state bills in that they need a signature to be enacted - the U.S. President's signature for a federal bill and the governor's signature for a state bill. He stated that classifying marijuana with heroin and cocaine has been part of the problem for 70 years. He maintained that doing so was a political decision and not a medical or scientific decision; there is no basis for it to be listed with schedule I controlled substances. The legislature cannot take marijuana off the schedule I list; it must be a congressional action. He offered that he is not sure the U.S. Food and Drug Administration (FDA) or another federal agency could do it; it must be done by Congress or the U.S. President. He asserted that the resolution only asks that the federal government reconsider the listing. 4:05:52 PM REPRESENTATIVE WOOL pointed out that cocaine and methamphetamines are schedule II substances; therefore, are determined by the federal government to be less dangerous than marijuana. He opined that the controlled substance listings are "out of step with today's world," and marijuana being a schedule I controlled substance has been a topic of conversation for decades. He expressed that he doesn't know what will enact change; probably not a resolution, but it would make a statement. 4:07:05 PM REPRESENTATIVE WOOL moved to report the SSHJR 21, Version 30- LS0820\D, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, SSHJR 21 was reported from the House State Affairs Standing Committee.
Document Name | Date/Time | Subjects |
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HB293 Sponsor Statement- Introductory Letter Representative Kreiss-Tomkins 01.26.2018.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 Sectional Analysis version A 1.19.2018.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 ver A 01.19.18.PDF |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 Fiscal Note-DPS-APSC-01-19-18.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 Fiscal Note DOC.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 Supporting Document- Transmittal Letter Speaker Edgmon - Background Checks 01.17.18.pdf |
HSTA 1/30/2018 3:00:00 PM HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 Supporting Document Alaska Municipal League 01.31.18.PDF |
HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB293 HSA Additional Document Questions Representative Kreiss-Tomkins 01.31.18.pdf |
HSTA 2/1/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 293 |
HB224 Sponsor Statement 2.7.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Sectional Analysis Ver O 2.14.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 ver O 2.13.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Fiscal Note 2.02.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Summary of Changes ver O 2.14.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document - List of School Districts Providing Letters of Support 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document- Letters of Support 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document- Vacant Position Listings 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document-Cost of Teacher Turnover 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document JPS State Issues 2018 2.07.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document - Resolution Submitted by AASB 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 SB 2 |
HB224 Supporting Document- Letter from North Slope Borough School District 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document Letter from Craig City School District 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Supporting Document Letter from Anchorage School District 2.08.18.pdf |
HSTA 2/8/2018 3:00:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HB224 Additional Document- Legal Memo 2.13.18.pdf |
HSTA 2/15/2018 3:15:00 PM |
HB 224 |
HJR21-Sponsor Statement 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21 ver D 2.05.18.PDF |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21 Fiscal Note-LEG-SESS-02-09-18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21 Supporting Documents - Letters of Support 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21- Additional Document- Sessions Memo 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21- Additional Document- Walker Letter to Sessions 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21- Additional Document-Governor's Letter to Attorney General 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21 Additional Documents - FinCen on Marijuana Regulation Department of Treasury 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HJR21 Additional Documents - Murkowski and Warren Letter to Sessions 2.01.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HJR 21 |
HB319 Sponsor Statement 2.6.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
HB319 Ver. A 2.6.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
HB319 Fiscal Note DCCED 2.9.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
HB319 Fiscal Note DPS 2.9.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
HB319 Supporting Document - AMIA Letter of Support 2.9.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
HB319 Supporting Document - Marijuana Control Board Minutes 2.8.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |
HB319 Supporting Document - NCSL Report 2.8.18.pdf |
HSTA 2/13/2018 3:15:00 PM HSTA 2/15/2018 3:15:00 PM |
HB 319 |