Legislature(2015 - 2016)SENATE FINANCE 532
03/11/2015 01:30 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB30 | |
| Public Testimony | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 30 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
SENATE FINANCE COMMITTEE
March 11, 2015
1:34 p.m.
1:34:05 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:34 p.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
Giono Barrett, Self, Juneau; James Barrett, Self, Juneau;
Kathie Wasserman, Alaska Municipal League, Juneau; David
Sanden, Alaskan Cannabis Project, Auke Bay.
PRESENT VIA TELECONFERENCE
Beth Carroll, Self, Fritz Creek; Shane Monroe, Self, Fritz
Creek; Kathryn Smith, Self, Wasilla; Sara Williams, CEO,
Midnight Greenery, Wasilla; Larry O'Kelly, Self, Anchorage;
Cory Wray, Alaska Cannabis Institute, Anchorage; Rich
Foehner, Self, Anchorage; Charles McKee, Self, Anchorage;
Randall Fall, Self, Kenai; Dollyinda Phelps, Self, Nikiski;
Dean Lari, Self, Haines; Michael Glasgow, Self, Homer; John
Sheipe, Self, Fritz Creek; Dennis Wade, Self, East End;
Lindianne Sarno, Self, Homer; Brandon Emmett, Executive
Director, Coalition for Responsible Cannabis Legislation
(COCL), Fairbanks; Kelly Ann Clemons, Self, Wasilla; Leif
Abel, Self, Kasilof; Robert Davis, Self, Wasilla; Frank
Berrardi, Board Chairman, Coalition for Responsible
Cannabis Legislation, Fairbanks; Girard Gaul, Senior Board
Member, Coalition for Responsible Cannabis Legislation,
Fairbanks; Hope Laro, Self, Fairbanks; Phil Wheelan,
Coalition for Responsible Cannabis Legislation, Anchorage;
Megan Lyda, Self, Homer; Fay Harold, Self, Anchorage; Paul
Davis, Self, Anchorage; Kim Cole, Coalition for Responsible
Cannabis Legislation, Anchorage; Christopher Lapp, Self,
Anchorage; Michael Howard, Self, Hope; Dana DeGraw, Self,
Wasilla; Dana Guidi, Self, Homer; David Matheny, Self,
Anchorage; John Farleigh, Self, Anchorage; Brian Ehlers,
Self, Kasilof; Steve Wells, Criminal Defense Attorney,
Palmer; Frank Mighell, Self, Anchorage; Allen Cornelison,
Self, Anchorage; Jacob Tatum, Self, Anchorage; Rick Costa,
Self, Anchorage; Jason Howard, Self, Soldotna; Ross
Mullins, Self, Cordova; Zeke Hilsinger, Self, Sutton;
Rachelle Yeung, Marijuana Policy Project, Washington, D.C.;
David Johnson, CEO and Founder of Grassp, Oregon; Ben
Adams, Self, Santa Rosa, California.
SUMMARY
SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 30 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 30
"An Act relating to controlled substances;
relating to marijuana; relating to driving motor
vehicles when there is an open marijuana
container; and providing for an effective date."
1:34:08 PM
Co-Chair MacKinnon stated (for the audience and those
waiting to testify online) that the committee was
considering CS SB 30, Work Draft 29-LS0231\X. She explained
that the decision to keep marijuana in Alaska's controlled
substance schedule protected the state, marijuana personal
users, and the marijuana commercial industry. She
referenced a memorandum from United States Department of
Justice (DOJ) Deputy Attorney General James M. Cole (copy
on file); explaining that the memo states that the DOJ is
committed to the enforcement of the Federal Controlled
Substances Act. She furthered that the memo gave guidance
to federal law enforcement agencies on how to focus the
resources on marijuana enforcement.
Co-Chair MacKinnon directed attention to key points within
the new version of the bill, including the institution of a
felony charge for distribution to children; and the
prevention of funds going to criminal enterprises through
establishment of statutory authority for commercial,
regulated marijuana businesses. She drew attention to a
policy decision - that of a clear demarcation of 16 ounces,
currently four times the amount that constitutes a felony
misconduct involving a controlled substance. She stated
that the current version of the bill also prevented state
authorized marijuana activity from being used as a cover or
pretext for other illegal activity. Further, she explained,
the CS kept marijuana as a controlled substance at the
current level of 6A, different from the federal schedule 1.
She clarified that schedule 6A marijuana was described in
Alaska Statutes as a substance with the lowest degree of
danger to a person or the public; and additionally that SB
30 made it clear, without requiring a person to assert any
defense, that Alaska's controlled substance laws were not
applicable to the person as long as the conduct was as
proscribed in the initiative for personal use.
Co-Chair MacKinnon stated that SB 30 prevented violence and
the use of firearms in the cultivation and distribution of
marijuana. She alluded to the amount of drug-related
violence in Alaska in the current year, and remarked that
such activity invited federal scrutiny and intervention.
She stressed the importance of holding individuals
accountable for criminal behavior. She asserted that Alaska
did not want federal oversight and intervention; and opined
that a sound and clear structure for lawful use of
marijuana was the common desire. She asked individuals
wanting to testify to make their statements respectfully
and to make references to the bill with accompanying
specifics to aid in the potential drafting of amendments.
She elaborated that the committee had heard from the
Department of Law Public Defenders Office and other areas
of state government and thereby saw "holes" in the CS.
^PUBLIC TESTIMONY
1:39:00 PM
GIONO BARRETT, SELF, JUNEAU, spoke to concerns he had
regarding SB 30. He commented that he had been a registered
medical marijuana user for six years and had been growing
his own cannabis plants for as long. He added that he
planned on opening a marijuana business, in which he would
focus on cultivation and the production of cannabis
products. He stated that he had concerns with the bill,
specifically from the perspective of a medical marijuana
user, but also as a prospective business owner. He referred
to Section 4, line 28; referring to the amount of tablets,
ampules, or syrettes. Mr. Barrett wondered if this
terminology was in reference to intravenous drug use, and
related that he had never heard of such use in the cannabis
industry or as a medical user. He was concerned that the
reference implied that marijuana was a dangerous drug, when
it is not. Co-Chair MacKinnon pointed out that the language
he was referring to was current state language and not part
of the changes the bill would address.
Mr. Barrett addressed Section 6, line 16, concerning the
aggregate weight of one ounce of the controlled substance.
He commented that limiting an individual to one ounce for
transportation purposes. He felt this was in conflict with
the intent of the initiative. He related the difficulty in
controlling the amount of marijuana in his possession. He
furthered that as a medical marijuana user, the bill
compounded criminality for him rather than mitigating it.
He spoke to the limitation of concentrates, and considered
it to be a hindrance to his medical treatment.
JAMES BARRETT, SELF, JUNEAU, spoke in opposition to SB 30.
He mentioned that he hoped to start a business in the
cannabis industry. He thanked the committee for their work
on the bill thus far. He stated that he viewed the bill as
overreaching and restrictive. He opined that the public
aspiration was to overhaul the black market and create a
legitimate industry. He spoke in favor of a marijuana
control board, and establishment of civil rather than
criminal penalties. He commented that for an average member
of the public, it was difficult to discern the allowable
amount of legal possession of marijuana; and therefore
would be a challenge for law enforcement. He suggested
using regulation rather than legislation to address the
fine points of legalization.
1:47:08 PM
BETH CARROLL, SELF, FRITZ CREEK (via teleconference),
thanked the committee for working so hard to institute the
will of the people. She spoke in opposition of the
committee substitute (version X) for SB 30, and asked that
the committee restore the Judiciary Committee (JUD) version
of the bill. She alleged that the JUD version was carefully
deliberated. She spoke to Section 4, which would create a
class C felony for greater than 16 ounces (or more than 25
plants) in the home. She opined that section created the
underlying assumption of intention of criminality. She used
the analogy of being a wine aficionado and having an
extensive collection, and made the case that an individual
should be able to possess marijuana from multiple
cultivations throughout the year in excess of 16 ounces.
She spoke to Section 24, relating to limiting sales of
concentrate. She echoed the previous testifier in that
concentrates were the wave of the future for medicinal and
recreational users. She pointed out that there was no limit
on alcohol possession. She spoke to the open container
language in Sections 29 through 31, and suggested it was
vague. She reiterated her support of the JUD version of the
bill.
1:50:11 PM
SHANE MONROE, SELF, FRITZ CREEK (via teleconference),
echoed the testimony of the previous speaker, particularly
with regard to felony possession and limits of
concentrates. He pointed out that both the science and
market for marijuana are changing rapidly, and suggested
that granting broad powers and oversight to a control board
would be prudent. He spoke in favor of regulation over
legislation. He thanked the committee for the privilege of
testifying.
1:51:57 PM
KATHRYN SMITH, SELF, WASILLA (via teleconference), spoke
about her concerns with SB 30. She commented that she is a
registered medical marijuana user due to chronic neuropathy
pain. She had used concentrates and currently juices raw
cannabis. She communicated that her primary concern is lack
of protection for medical users. She shared her personal
experience with recovery after using the plant medicinally.
She related that her health has improved significantly
since using marijuana in the place of prescribed narcotics
and seizure medication which damaged her gall bladder. She
challenged the committee members to educate themselves
about the medicinal uses of marijuana.
1:53:54 PM
SARA WILLIAMS, CEO, MIDNIGHT GREENERY, WASILLA (via
teleconference), spoke in opposition to SB 30. She thanked
the committee for undertaking the important task of
updating the Alaska criminal statutes. She stated that part
of that duty is to uphold the will of the voters. She
asserted that keeping marijuana off of the controlled
substance list was essential for supporting the success of
the initiative. She declared that the legislature must not
limit the sale of marijuana to one ounce per day per
customer, and took issue with the implied tracking of
customer purchases. She contended that the creation of a
statewide customer database would push responsible
consumers toward the black market. She used the analogy of
alcohol possession. She stated that individual users should
be able to use firearms for protection. She questioned the
constitutionality of deviating from the successful voter
initiative.
1:56:31 PM
LARRY O'KELLY, SELF, ANCHORAGE (via teleconference), spoke
in opposition to SB 30. He noted that he is neither a
medical or recreational user of marijuana. He remarked on
the importance of keeping to the original form of the
ballot initiative. He characterized control on
concentrates, limits on amounts, and consumer tracking as
overreach.
1:57:56 PM
CORY WRAY, ALASKA CANNABIS INSTITUTE, ANCHORAGE (via
teleconference), spoke in opposition to the current version
SB 30, and specified that cannabis should be removed from
the controlled substances list. He echoed the previous
testifiers with regard to limitations on purchase of
concentrates. He spoke about the protection of delivery
services and suggested it would be more discreet than
numerous business with storefronts. He referred to the 16
ounce limit and opined that it was important to consider
how the aggregate weight produced by law-abiding growers
would necessitate a higher limit.
2:00:30 PM
RICH FOEHNER, SELF, ANCHORAGE (via teleconference), spoke
against SB 30, and implored the committee to remove
marijuana from the controlled substance list. He supported
the idea of a marijuana control board. He spoke to
medicinal oils produced from cannabis, and attested to the
safety of its production.
2:02:02 PM
CHARLES MCKEE, SELF, ANCHORAGE (via teleconference), spoke
of his concerns with SB 30, and spoke in support of taking
marijuana off the controlled substances list. He spoke
about federal overreach, and the Supreme Court. He referred
to issues about copyright and national monuments.
2:05:37 PM
RANDALL FALL, SELF, KENAI (via teleconference), voiced
objected to Section 24 of SB 30, dealing with tracking
consumers of marijuana. She added that she opposed the
section dealing with an open container. She asked the
committee not to limit the use of firearms. She opined that
the legislation was not in line with the intent of the
voter's initiative. She thanked the committee for their
work.
2:07:26 PM
DOLLYINDA PHELPS, SELF, NIKISKI (via teleconference),
echoed the previous testifiers and spoke in favor of a
marijuana control board. She suggested that such a board
should be responsible for furthering the regulation of
marijuana use. She expressed concern about marijuana being
listed as a controlled substance. She spoke in opposition
to the 16 ounce limit and regarded it as a waste of
resources. She mentioned the 5 gram concentrate limit and
called it unreasonable. She spoke in opposition to
regulating gun use in the bill.
2:10:32 PM
Vice-Chair Micciche asked Ms. Phelps to clarify her meaning
when she spoke to the number of allowable plants. Ms.
Phelps expressed that she supported the initiative, and
considered a felony to be too high a level of crime for
possession of marijuana. She furthered that the 16 ounce
limit was unreasonable, and the felony charge for over 25
plants was too harsh. Vice-Chair Micciche stated that the
committee was trying to stay as closely as possible to the
initiative.
2:12:07 PM
DEAN LARI, SELF, HAINES (via teleconference), spoke against
SB 30 and expressed concern that there was not enough
attention paid to medical users with regard to bill
language. He related his personal experience with medical
cannabis oil, and that it was his intent to produce
medicine as a non-profit. He implored the committee to
research the benefits of medical marijuana, particularly
with regard to amounts needed to achieve medical benefit.
He spoke about juicing raw cannabis for medical use, and
the large amounts needed for efficacy. He referred to
endocannabinoids and human receptors. He expressed concern
that the bill was at odds with the intent of the
initiative, and stated that marijuana was safe for medical
or recreational use. Mr. Lari went offline.
2:16:02 PM
MICHAEL GLASGOW, SELF, HOMER (via teleconference), spoke
He related that he was a teamster and when he worked on the
Alaska Pipeline he was injured. He related that he also had
a rare form of rheumatoid arthritis, for which he was
treated by 17 doctors. He shared that he was treated by a
doctor who advised him to exercise and use cannabis
medicinally, and he has been a registered medical user for
the previous 9 years. He opined that cannabis was put on
Earth by the creator and should be free of charge. He
related that he is a fulltime carver, and attributes his
success and lack of joint deformity wholly to treatment
with cannabis.
2:17:53 PM
JOHN SHEIPE, SELF, FRITZ CREEK (via teleconference), spoke
in favor of the JUD version of the bill. He expressed
concern with cannabis being listed as a controlled
substance. He thanked the committee for their work.
2:19:45 PM
DENNIS WADE, SELF, EAST END (via teleconference), spoke in
opposition of the current version of the bill, and
expressed support for the JUD version. He relayed that is a
medical marijuana user. He echoed the comments of previous
testifiers, and relayed support for a marijuana control
board. He referred to the history of marijuana illegality
in Alaska, and suggested that it was due to financially
motivated reasons rather than concern for public welfare.
He thanked the committee for their work.
2:20:11 PM
LINDIANNE SARNO, SELF, HOMER (via teleconference), spoke
strong support of the JUD version of the legislation. She
referred to Section 15 of the bill, which defines
"remuneration" as synonymous with sale, barter, or
exchange. She commentated that barter and trade are a
traditional part of Alaskan folk life, family life, and
community. She took issue with the government asserting
itself into the realm of private trade, making the point
that it was unenforceable and an intrusion into private
life. She contended that making certain amounts of
possession a felony went against the will of the people.
She described cannabis as a "geriatric herb" that prolongs
health; prolongs life; saves lives; is non-addictive; and
rather than being a gateway drug, is a medicine of choice.
2:22:10 PM
BRANDON EMMETT, EXECUTIVE DIRECTOR, COALITION FOR
RESPONSIBLE CANNABIS LEGISLATION (COCL), FAIRBANKS (via
teleconference), spoke against the bill. He specified that
COCL had over 1,000 members. He related that he is a
lifelong Alaskan and has been a fulltime paramedic for
seven years. He expressed disappointment that Co-Chair
Kelly was supportive of the current bill despite the 57
percent of his district that favored the initiative. He
urged Senator Kelly to support his constituents and uphold
the spirit of the ballot initiative. He disagreed with
having marijuana listed alongside more powerful drugs, as
well as the proposed harsh penalties for violations. He
spoke in favor of the earlier version of the bill.
2:24:38 PM
Mr. Lari (previously testified from Haines) continued his
testimony. He reiterated his suggestion that the committee
research medicinal uses of cannabis to better understand
limitations on quantities. He argued that three minutes did
not give an opportunity for testifiers to share the
significant amount of information and research that is
warranted. He thanked the committee for their work.
2:26:53 PM
Vice-Chair Micciche commented that the committee members
are provided a tremendous amount of information and have
done extensive research on the subject. He continued that
the members were trying to learn all they could as quickly
as possible.
2:27:27 PM
KELLY ANN CLEMONS, SELF, WASILLA (via teleconference),
spoke in favor of the original version of the bill. She
relayed that she is a stay at home parent of two children,
and also a seasonal employee for the State of Alaska. She
referred to the intent of the voters (in the initiative)
and implied that the changes to the original bill would be
considered disregard of that intent. Further, she thought
such disregard could result in disenfranchisement of voters
and dissuade them from wanting to exercise their rights at
the polls. She considered that the change from the JUD
version would have a negative impact. She noted that she
was not currently a recreational user but wanted her right
preserved for the future.
2:29:25 PM
LEIF ABEL, SELF, KASILOF (via teleconference), spoke in
opposition to the current version of the bill. He shared
that he was more supportive the Judiciary Committee version
of the legislation. He shared that changing the varying
amounts of marijuana to an aggregate weight per offense was
a problem. He felt the definition of "open container" was
too vague in the current version making enforcement
difficult. He announced that marijuana was different than
alcohol. Alcohol was a liquid that was sold in stores, so
it was relatively easy to see if the container was open.
The legalization of marijuana may allow individuals to
produce marijuana at home, so that should be considered in
relation to the definition of "open container." He strongly
disagreed with listing marijuana as a controlled substance,
and making any marijuana related crime a felony. He
encouraged the committee to keep the legislation in line
with the initiative language.
2:32:04 PM
ROBERT DAVIS, SELF, WASILLA (via teleconference), spoke in
opposition to the current version of the bill. He echoed
many of the previous testifiers' statements. He wondered if
"overdose" was in any part of the legislation. He alleged
that an individual would need to smoke 1500 pounds of
marijuana in 15 minutes to overdose on marijuana, which he
felt was impossible. He shared that there was some research
regarding juicing of marijuana leaves, and the committee
should consider that research when drafting the
legislation.
Co-Chair MacKinnon directed Mr. Davis to page 11, line 18
of the bill. She stated that there would be an amendment
recognizing the overdose issue. There was an attempt to
encourage individuals to be comfortable seeking medical
attention related to marijuana intake. Mr. Davis alleged
that there had never been a recorded marijuana overdose
incident.
2:34:41 PM
FRANK BERRARDI, BOARD CHAIRMAN, COALITION FOR RESPONSIBLE
CANNABIS LEGISLATION, FAIRBANKS (via teleconference), spoke
in opposition to the current version of the bill. He felt
that the support of the initiative reflected the desire the
marijuana be treated similarly to alcohol. He felt that the
Senate Judiciary Committee understood that intention, and
supported their choice to remove marijuana from the list of
controlled substances. He supported the judiciary version
of the bill. He supposed that assigning marijuana to the
controlled substance list was a result of the personal
feelings of some legislators.
An unknown person interjected about "the overdose issue."
Co-Chair MacKinnon commented that the person may be
referring to an upcoming amendment regarding the overdose
definition.
Mr. Berrardi continued with his testimony. He encouraged
Senator Bishop to enforce the perspective of his own
constituents, by taking a stand against the federal
government. He shared that Senator Bishop's district voted
in favor of the initiative by 58.7 percent.
2:37:46 PM
GIRARD GAUL, SENIOR BOARD MEMBER, COALITION FOR RESPONSIBLE
CANNABIS LEGISLATION, FAIRBANKS (via teleconference), spoke
in opposition to the current version of the bill. He felt
that the intent of the initiative was to remove cannabis
from the scheduled substance list, and treat cannabis the
same as alcohol. He testified in support of the Senate
Judiciary version of the legislation.
2:39:53 PM
HOPE LARO, SELF, FAIRBANKS (via teleconference), spoke in
opposition to the current version of the bill. She echoed
the comments of many of the previous testifiers. She felt
that Alaskan residents should have protected and respected
privacy rights. She mentioned regulation versus
legislation. She related that she suffers from a seizure
disorder and has used cannabis medicinally on a daily
basis.
2:42:22 PM
PHIL WHEELAN, COALITION FOR RESPONSIBLE CANNABIS
LEGISLATION, ANCHORAGE (via teleconference), spoke in
opposition to the current version of SB 30. He shared that
air transporting of marijuana to the rural communities
should be considered in the legislation. He asserted that
marijuana should be decriminalized, and did not believe
that felonies should not be marked for cannabis. He felt
that regulating by quantity was a null point, because it
was too difficult to regulate by quantity. He felt that a
delivery service would reduce the number of people driving
with cannabis. He understood that there needed to be
accurately testing. He did not agree that with the
definition of "open container" in the legislation. He added
that the reference to guns in the bill should be removed.
He encouraged the committee to focus more on the finance
aspect of the initiative. He wanted to sell cannabis-
infused products at farmers markets, because cannabis could
be considered a vegetable.
2:45:11 PM
MEGAN LYDA, SELF, HOMER (via teleconference), spoke in
opposition to the current version of SB 30. She echoed many
of the previous testifiers' statements. She alluded that
the amendments had been made had been a result of fear. She
felt that the committee had not properly educated
themselves. She remarked that assigning marijuana to the
list of controlled substances went against the will of the
people. She stated that she voted in favor of the
initiative, because she felt that criminalizing marijuana
was "ridiculous." She opined that marijuana was a safe
drug. She felt that limiting gun use in cannabis
legislation was unnecessary.
Senator Bishop wondered where the firearms discussion was
located. Ms. Lyda believed that the legislation outlined a
limit on the number of firearms that one could keep.
Senator Bishop announced that he was unaware of that
limitation. He asked that the testifiers point to the
firearms limitation in the legislation.
2:48:37 PM
FAY HAROLD, SELF, ANCHORAGE (via teleconference), spoke in
opposition to the current version of the bill, and support
of the Senate Judiciary version. She related that she was a
lifelong Alaskan and nurse. She spoke in support of
removing marijuana from the controlled substance list. She
compared and contrasted regulating alcohol versus
marijuana.
2:52:21 PM
PAUL DAVIS, SELF, ANCHORAGE (via teleconference), spoke in
opposition to the current version of the bill. He testified
in support of the Senate Judiciary version of the
legislation, because it was in line with a majority of the
voters who endorsed the initiative. He asked that the
committee keep the will of the voters in mind. He agreed
with most of the previous testifiers' statements. He felt
that the original prohibition of marijuana was a foundation
of criminal activity, so removing the foundation would be
the strongest way to limit criminal activity.
2:54:08 PM
KIM COLE, COALITION FOR RESPONSIBLE CANNABIS LEGISLATION,
ANCHORAGE (via teleconference), spoke in opposition to the
current version of the bill. She asserted that some of the
amendments that were integrated into the most recent
version degraded the initial ballot measure. She understood
that dispensaries should be required check identification
for age requirements. She did not agree with putting those
names in a database for tracking purposes in order to
ensure that a person only obtained one ounce per day,
because she felt it was unconstitutional. She remarked that
scheduling marijuana as a controlled substance went against
the initiative. She felt that the limit of 16 ounces was
unrealistic, if one had 16 plants in his/her possession.
She felt that the phrase "never before opened container"
should be changed to read, "field container", because
flowers would most likely be given in a container that
could be resealed. She announced that 70 percent of the
districts in Alaska voted in favor of Ballot Measure 2.
2:56:07 PM
CHRISTOPHER LAPP, SELF, ANCHORAGE (via teleconference),
testified against the current version of the bill. He
related that he was a disabled combat veteran, and suffers
from chronic pain and Post Traumatic Stress Disorder. He
stated that many of his fellow veterans used marijuana for
chronic pain and for control of post-traumatic stress
disorder (PTSD). He announced that he would like to use
marijuana for medical purposes, but he was cautious of the
changing regulations and penalties. He did not support the
limit of concentrates and plants; and did not support
scheduling marijuana on the list of controlled substances.
He felt that there could be transportation, storage, and
finance issues related to those limits at certain parts of
the year. He spoke in support of a marijuana control board,
which could regulate and react with the evolution of the
marijuana industry and the state.
2:58:58 PM
MICHAEL HOWARD, SELF, HOPE (via teleconference), testified
against the new version of the bill. He spoke in support
of the version that passed out of the Senate Judiciary
Committee. He spoke specifically against scheduling
marijuana in the controlled substance list and proposed
felony charges for infractions. He stressed that the
citizens of Alaska voted to legalize marijuana, and
establish a regulated system for growth, production, and
retail sale of marijuana. He remarked that one of the
greatest dangers with current marijuana use was the legal
implications that could occur if caught using marijuana. He
shared that he was charged with a felony when he was 18-
years-old, after he had purchased one gram, or ten dollars,
worth of marijuana. He stressed that the felony had limited
his access to student loans and employment. He remarked
that three of the most recent U.S. presidents admitted to
smoking marijuana. He emphasized that, had those presidents
been caught smoking at the time, they would not have been
able to become the president.
3:01:42 PM
DANA DEGRAW, SELF, WASILLA (via teleconference), related
that she is a medical cannabis user, and two-time cancer
survivor. She characterized cannabis as a vegetable and
plant. She spoke in opposition to scheduling marijuana on
the list of controlled substances. She echoed the testimony
on some previous testifiers, and encouraged the committee
to educate themselves on the use of cannabis. She announced
that she hoped to open nonprofit business that allowed
individuals to consume medicinal marijuana.
3:03:56 PM
DANA GUIDI, SELF, HOMER (via teleconference), spoke in
opposition to the new version of the bill. She shared that
he was more supportive the Judiciary Committee version of
the legislation. She shared that changing the varying
amounts of marijuana to an aggregate weight per offense was
a problem. She felt the definition of "open container" was
too vague in the current version making enforcement
difficult. She announced that marijuana was different than
alcohol. Alcohol was a liquid that was sold in stores, so
it was relatively easy to see if the container was open.
The legalization of marijuana may allow individuals to
produce marijuana at home, so that should be considered in
relation to the definition of "open container." She
strongly disagreed with listing marijuana as a controlled
substance, and making any marijuana related crime a felony.
She encouraged the committee to keep the legislation in
line with the initiative language.
3:05:15 PM
DAVID MATHENY, SELF, ANCHORAGE (via teleconference), spoke
in opposition to the new version of the bill. He stated
that he voted for a legalization of cannabis, and did not
support an exception for the Controlled Substances Act. He
remarked that he had voted for using the limited government
resources in a productive manner, and stressed that he did
not vote for more felonies related to cannabis usage. He
added that he did not support a database to track
consumers. He supported a risk premium for tax revenue that
could be used to mitigate the problems associated with use
of cannabis. He remarked that cannabis was not harmless,
but it was safer than almost all other drugs. He believed
that he had voted for an economic sector that needed
employees, who could possibly deliver to a residence. He
remarked that there were valid concerns regarding the
limits on the plants and the daily purchases. He felt that
medical marijuana could provide an alternative to opioids
and benzodiazepines. He testified in support of the Senate
Judiciary version of the legislation.
3:08:00 PM
KATHIE WASSERMAN, ALASKA MUNICIPAL LEAGUE, JUNEAU, shared
that she had worked on the process and gave input on HB 75.
She remarked that there was work to ensure that
municipalities could function effectively and efficiently
within the objective of the initiative. She stated that
there was a balance of the wishes of constituents with the
safety of the residents. She expressed concern with Section
33, page 2, line 11 of the current version, which said,
"The authority to regulate is reserved to the state, and
except as specifically provided by statute, a municipality
may not enact or enforce an ordinance that is inconsistent
with 1738. She shared that HB 75 was eleven pages dealing
with the regulatory powers that she believed were granted
in the initiative. She wanted to ensure that the
municipality had a regulatory authority board, so
municipalities could have the flexibility to react to
legislation. She wondered if some of the legislation should
have been discussed under HB 75, because of its focus on
marijuana criminalization.
3:11:11 PM
DAVID SANDEN, ALASKAN CANNABIS PROJECT, AUKE BAY, spoke in
opposition to SB 30. He felt that the committee needed to
halt its efforts, and obtain an education on marijuana. He
understood the problems with regulating the ballot measure
and the initiative, but felt that regulation was possible.
He felt that the Alcohol Control Board was capable of
regulating marijuana, and felt that the decisions and
regulations could be trusted to that board.
Senator Bishop asked Mr. Sanden could identify a place in
the legislation where position of a firearm was prohibited.
Mr. Sanden did not know, but felt that the firearm
provision should not be included.
Senator Bishop remarked that he did not know where that was
located in the legislation. Mr. Sanden restated that the
firearm provision should not be included in the
legislation.
3:15:53 PM
JOHN FARLEIGH, SELF, ANCHORAGE (via teleconference), spoke
in opposition to the new version of the bill. He felt that
the committee was not supportive of legalization. He
encouraged the committee to take the same approach as the
Senate Judiciary Committee, because that version of the
bill seemed to support the initiative.
3:21:02 PM
AT EASE
3:21:12 PM
RECONVENED
3:21:57 PM
BRIAN EHLERS, SELF, KASILOF (via teleconference), took
issue with some language in the legislation, and felt that
it was not in line with the ballot measure. He shared that
Proposition 2 stated that an adult 21 years of age or older
would be allowed six plants, and the yield of the plants
could be possessed. He testified against listing marijuana
as a controlled substance. He felt that marijuana should be
regulated through a marijuana control board. He felt that
the 5 gram concentrate rule should be changed. He remarked
that some cancer patients could quickly go through 5 grams.
3:23:39 PM
STEVE WELLS, CRIMINAL DEFENSE ATTORNEY, PALMER (via
teleconference), encouraged the committee to reinstate the
former version of the legislation. He remarked that alcohol
does more harm than marijuana. He stressed that there were
many individuals who had a great dependency on both
marijuana and alcohol. He furthered that there were many
people who used marijuana responsibly, much like those that
use alcohol responsibly. He remarked that the United States
had a much larger prison population than other parts of the
world.
3:28:07 PM
FRANK MIGHELL, SELF, ANCHORAGE (via teleconference), shared
that there were many products that were made from cannabis,
such as cannabis canvas. He shared that Kansas had used
cannabis to reduce erosion on roadsides. He hoped that
stores would someday offer the choice between cannabis and
cotton.
3:29:38 PM
ALLEN CORNELISON, SELF, ANCHORAGE (via teleconference),
felt that Alaska should have similar marijuana laws as
Colorado. He did not believe that marijuana should be a
controlled substance, but should be regulated like alcohol.
He stressed that the prohibition of marijuana did not have
a positive effect. He feared that limiting business and
opportunities would create a positive black market. He
wondered why the legislation set out limitations when the
voters did not vote for those limitations. He felt that the
Senate Judiciary version of the bill was more positive for
business.
3:32:02 PM
JACOB TATUM, SELF, ANCHORAGE (via teleconference),
testified against assigning cannabis as a controlled
substance. He stressed that the Alaskan people had voted to
legalize marijuana. He echoed some of the other testifiers'
points of view. He knew some young people that had
expressed support for cannabis legalization. He added that
cannabis could be used for medicinal purposes.
3:35:55 PM
RICK COSTA, SELF, ANCHORAGE (via teleconference), felt that
marijuana was safer than alcohol. He shared that he had a
drinking problem at one point in his life, and marijuana
use helped him overcome that issue. He shared that he had
worked at a liquor store, so he observed the adverse
effects of alcohol dependency.
3:37:54 PM
JASON HOWARD, SELF, SOLDOTNA (via teleconference), spoke
against SB 30, including listing cannabis as a controlled
substance. He related that he was an Iraqi war veteran and
had suffered a variety of injuries, including a traumatic
brain injury and PTSD. He cited research that showed that
marijuana use had positive effects on treating the symptoms
of his various ailments.
3:40:57 PM
ROSS MULLINS, SELF, CORDOVA (via teleconference), spoke in
opposition to SB 30. He expressed concern with the lack of
knowledge displayed by legislators in various committees.
He alleged that the committee members may have been subject
to conservative "knee-jerk reactions" due to lack of
experience with marijuana. He referred to the amounts of
allowable marijuana, and felt that it was not in accordance
with realistic expectations.
3:45:31 PM
ZEKE HILSINGER, SELF, SUTTON (via teleconference), spoke in
opposition to the current version of the bill. He felt that
the committee had a lack of knowledge about what some of
the definitions of marijuana concentrates might entail. He
encouraged the committee to spend time with individuals who
had knowledge about marijuana concentrates. He shared that
marijuana smoked in a bowl of a pipe equated to 10
milligrams of THC with each toke. He spoke to the practice
of treating cancer with THC. He noted that there were
various types of liquor that had different amounts and
concentrations of alcohol.
3:48:45 PM
RACHELLE YEUNG, MARIJUANA POLICY PROJECT, WASHINGTON, D.C.
(via teleconference), testified about multiple concerns
with SB 30. She spoke in support of the Senate Judiciary
version and specifically the removal of marijuana from the
controlled substances list. She spoke in opposition of the
16 ounce limitation. She spoke to the limits on marijuana
concentrates, and expressed concern regarding those
limitations. She stressed that there should be no law that
was in conflict with the will of the voters. She remarked
that the limitation of 5 grams of marijuana concentrate per
day would require tracking of customers. An alternative
approach may be to limit the amount of marijuana
concentrate sold per transaction, which would not require
intrusive tracking.
Co-Chair MacKinnon related that there was an amendment
ready to address the transaction issue of 5 ounces. She
felt that the day's testimony might be related to talking
points that may have been incorrectly interpreted. She
stated that there was no intention to track sales. She
remarked that the initiative did not require the removal of
marijuana from the list of controlled substances.
Vice-Chair Micciche shared that there was no difference
between the current version and the Senate Judiciary
version, as related to firearms. He looked at the Senate
Judiciary version F, Section 15, which stated that "a
person commits a crime of misconduct involving weapons in
the third degree, if they knowingly sell or transfer
firearms to a person who is substantially impaired, and
possesses on the person a firearm when the person's
physical or mental condition is impaired." He stressed that
the firearm issue was related to impairment. He pointed out
that Section 16 also dealt with firearms.
3:55:50 PM
DAVID JOHNSON, CEO AND FOUNDER OF GRASSP, OREGON (via
teleconference), testified in opposition to SB 30 and in
support of home delivery of marijuana. He suggested there
have been technology innovations that were important for
the committee to consider, and mentioned legalization in
the state of Colorado. He explained that Grassp was a
regulated safe-access technology platform, and that "safe-
access" referred to home delivery. He recommended that a
safe-access technology solution be used to support and
address concerns about home delivery. He directed the
committee to the Grassp website at grasspit.com. He thanked
the committee for their consideration.
3:57:47 PM
BEN ADAMS, SELF, SANTA ROSA, CALIFORNIA (via
teleconference), spoke in opposition to the new version of
SB 30. He related that he is an Alaska licensed attorney
and did a lot of cannabis business creation. He expressed
that many of the previous testifiers had consulted with him
or were his clients. He added that he is also a board
member of the CRCL. He expressed concern with how the
legislation would affect industry by driving potential job-
creators and investors to other states with less
restrictive laws. He spoke to how the marijuana industry
could benefit the state, particularly in a time of low oil
prices. He related that he intended to return home to
Alaska and aid in the opening of marijuana industry. He
asked the committee to consider his comments before moving
forward.
Co-Chair MacKinnon CLOSED public testimony and thanked all
the individuals that testified. She noted that
approximately ten individuals were dropped off net. She
asked that members submit their amendments by 5 o'clock,
but noted that she would accept them until noon of the
following day.
Senator Hoffman related that he would like to have time to
consider any information that comes with regard to acting
on behalf of the unorganized borough, and have language
drafted.
Vice-Chair Micciche thanked all the individuals that
testified.
Co-Chair MacKinnon thanked the committee members, and
reiterated that amendments were due as soon as possible,
understanding that the Legislative Legal Department would
need the information to continue their work.
SB 30 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
4:03:05 PM
The meeting was adjourned at 4:03 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 30 Public Testimony Opposition to version X - Barrett.pdf |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony Opposition to version X - Hinternerger.pdf |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony - Opposition to version X - Davenport.doc |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony - Opposition to version X - Chambon.doc |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony - Fedullo.doc |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony - Opposition to version X - Palenske.doc |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony - License Limitations - Davenport.pdf |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |
| SB 30 Public Testimony - Opposition to version X - Hale.docx |
SFIN 3/11/2015 1:30:00 PM |
SB 30 |