Legislature(2005 - 2006)BUTROVICH 205

04/01/2005 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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01:34:28 PM Start
01:37:24 PM SB74
03:31:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Moved SB 74 Out of Committee
          SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                      
                                                                                                                                
                                                                                                                                
CHAIR DYSON announced SB 74 to be up for consideration.                                                                         
                                                                                                                                
1:37:24 PM                                                                                                                    
                                                                                                                                
JOHN BOBO, United States Department of Transportation said:                                                                     
                                                                                                                                
     My name  is John Bobo  I work  at the US  Department of                                                                    
     Transportation, Office  of the Secretary. At  the DOT I                                                                    
     serve as  director of  the Office  of Drug  and Alcohol                                                                    
     Policy and  Compliance. I  serve as  an advisor  to the                                                                    
     Secretary  on  drug  and  alcohol  policy  and  as  the                                                                    
     department's  liaison to  the Office  of National  Drug                                                                    
     Control  Policy,  which  oversees the  world's  largest                                                                    
     drug  and   alcohol  workplace  testing   program.  Our                                                                    
     testing   regulations    cover   people    engaged   in                                                                    
     transportation    safety   jobs:    pilots,   ferryboat                                                                    
     captains, pipeline workers,  truckers, bus drivers, and                                                                    
     train  engineers. That  is  roughly  some 12.1  million                                                                    
     people across the country.                                                                                                 
                                                                                                                                
     My experience  in this area  is based on the  ten years                                                                    
     that  I have  worked as  a prosecutor  in the  State of                                                                    
     Tennessee  specializing  in DUIs,  vehicler  homicides,                                                                    
     and narcotics  enforcement. I  have had  an opportunity                                                                    
     to  view  these  issues  from  a  national  standpoint.                                                                    
     Before I  came to the  DOT, I  was the director  of the                                                                    
     National   Traffic   Law   Center   at   the   American                                                                    
     Prosecutors  Research Institute  where  I traveled  the                                                                    
     country  providing  training  technical  assistance  to                                                                    
     prosecutors and law enforcement officials.                                                                                 
                                                                                                                                
MR.  BOBO  said  the  magnitude of  the  psychoactive  effect  of                                                               
smoking marijuana  is directly proportional  its THC  content and                                                               
the average  THC content of marijuana  has increased dramatically                                                               
throughout the last  two decades from one to five  percent THC in                                                               
the  1970's to  14  to  18 percent  in  Alaskan marijuana  today.                                                               
Hydroponic  and  homegrown marijuana  is  now  between 22  to  24                                                               
percent THC.                                                                                                                    
                                                                                                                                
SENATOR OLSON arrived at 1:40:22 PM.                                                                                          
                                                                                                                                
MR. BOBO said:                                                                                                                  
                                                                                                                                
     The   United   States  Department   of   Transportation                                                                    
     National   Highway    Traffic   Safety   Administration                                                                    
     released a  drug and human performance  fact sheet that                                                                    
     concluded that  marijuana creates problems  with memory                                                                    
     and  learning,  distorted   perception,  difficulty  in                                                                    
     thinking  and problem  solving,  loss of  coordination,                                                                    
     difficulty   in    sustaining   attention,   difficulty                                                                    
     registering   and   processing  information,   impaired                                                                    
     retention time and sleepiness.  Studies have shown that                                                                    
     marijuana    particularly   impairs    monotonous   and                                                                    
     prolonged driving and mixing  alcohol and marijuana may                                                                    
     produce   effects  dramatically   greater  than   those                                                                    
     produced when each drug is taken individually.                                                                             
                                                                                                                                
He  said  marijuana  is  becoming  increasingly  prevalent  among                                                               
younger  people  who  are,   significantly,  the  country's  most                                                               
inexperienced drivers.  According to  the Insurance  Institute of                                                               
Highway  Safety, motor  vehicle  crash injuries  are  by far  the                                                               
leading public health  problem for people between the  ages of 13                                                               
and 19 years old.  In the year 2000, 40 percent  of the deaths of                                                               
people between  the ages of  16 to 19  years old were  related to                                                               
motor vehicle crashes.                                                                                                          
                                                                                                                                
CHAIR  DYSON said  the committee  has  heard extensive  testimony                                                               
about the  health effects and  the growing potency  of marijuana.                                                               
He  asked Mr.  Bobo to  confine his  testimony to  describing the                                                               
effects that marijuana has on  an individual's ability to operate                                                               
motor vehicles.                                                                                                                 
                                                                                                                                
1:44:02 PM                                                                                                                    
                                                                                                                                
MR. BOBO  said twelve  states are  making it  illegal for  one to                                                               
operate  a motor  vehicle when  one has  marijuana drug  in their                                                               
system.                                                                                                                         
                                                                                                                                
SENATOR GARY WILKEN arrived at 1:47:22 PM.                                                                                    
                                                                                                                                
SENATOR  ELTON  asked  Mr.  Bobo   to  compare  the  most  recent                                                               
information  regarding   the  number  of  alcohol   related  auto                                                               
fatalities and the number of marijuana related auto fatalities.                                                                 
                                                                                                                                
MR. BOBO  said he could  not answer that question  with precision                                                               
since there has  been little research devoted  to determining how                                                               
the hybrid effects  of alcohol and marijuana affect  driving.  He                                                               
said that  there are many  fatalities involving both  alcohol and                                                               
marijuana that  are attributed  to the  effects of  alcohol alone                                                               
because of  current limitations in  research and  law enforcement                                                               
capabilities. He said labs often do  not check for THC in victims                                                               
of fatal  automobile accidents once  it has been  determined that                                                               
they have had an illegal amount of alcohol in their systems.                                                                    
                                                                                                                                
1:50:50 PM                                                                                                                    
                                                                                                                                
BILL PARKER,  former member of  the House of  Representatives and                                                               
retired  Deputy Commissioner  of the  Department of  Corrections,                                                               
opposed SB 74. He said:                                                                                                         
                                                                                                                                
     Senate Bill 74 attempts  to recriminalize marijuana for                                                                    
     adults  in  Alaska  in  violation   of  our  own  state                                                                    
     constitution. In  1975, in the  landmark case  known as                                                                    
     Ravin, the Alaska Supreme Court  ruled that the privacy                                                                    
     clause of  the Alaska Constitution  protects possession                                                                    
     of a  small amount  of marijuana  by Alaskans  in their                                                                    
     homes for  their own use.  Since 1975, when  the Alaska                                                                    
     Legislature  changed   the  statute   to  decriminalize                                                                    
     marijuana in  Alaska, various  attempts have  been made                                                                    
     in   the    last   thirty   years   to    attack   this                                                                    
     decriminalization  both  legally  and  politically.  An                                                                    
     initiative   in   1990   attempted   to   recriminalize                                                                    
     marijuana  in Alaska  but  initiatives change  statutes                                                                    
     and  not  the constitution  so  the  initiative had  no                                                                    
     effect.  All   of  the  legal  attempts   to  test  the                                                                    
     constitutionality  of decriminalization  in the  courts                                                                    
     have been  unsuccessful. Last  fall the  Alaska Supreme                                                                    
     Court  declined to  take the  appellate court's  latest                                                                    
     ruling upholding Ravin.                                                                                                    
                                                                                                                                
     Senate  Bill  74  is  another  attempt  to  attack  the                                                                    
     constitutionality of  decriminalization in a  legal and                                                                    
     political  way. If  SB 74  passes with  these findings,                                                                    
     they   will   be   admissible    in   court   and   the                                                                    
     administration  has  new  arguments that  marijuana  is                                                                    
     much more potent and dangerous  than it was in 1975, so                                                                    
     much so that  it is almost a  different substance. That                                                                    
     is  why  the  findings  section  of  this  bill  is  so                                                                    
     important.                                                                                                                 
                                                                                                                                
     These  findings are  flawed  and  expert witnesses  are                                                                    
     going  to explain  the flaws  today. They  will discuss                                                                    
     the complex medical and  sociological issues that other                                                                    
     government  panels have  studied at  length. A  Shaffer                                                                    
     Commission  Report to  President Nixon  in 1972  titled                                                                    
     "Marijuana A Signal  of Misunderstanding", The National                                                                  
     Resource Council's  1982 report titled "An  Analysis of                                                                  
     Marijuana  Policy", The  Institute  of Medicine's  1990                                                                  
     report   "Marijuana   and   Medicine,   Assessing   the                                                                  
     Scientific  Base",  The  2002  Report  of  the  British                                                                  
     Advisory  Council   on  the   Misuse  of   Drugs,  "The                                                                  
     Classification   of   Cannabis"  and   Jamaica's   2001                                                                  
     National  Commission   of  Ganja  came  to   this  same                                                                    
     conclusion:  Marijuana  is  not  so  harmful  that  the                                                                    
     penalties for possession need to be increased.                                                                             
                                                                                                                                
     Senate Bill 74 will take  our state in the opposite and                                                                    
     wrong  direction. The  testimony  for  today will  show                                                                    
     that time schedule for SB  74 is inadequate to evaluate                                                                    
     marijuana in  Alaska. We have submitted  in writing the                                                                    
     findings   of  experts   in  their   fields  who   have                                                                    
     determined   marijuana   to  be   relatively   harmless                                                                    
     compared  to alcohol.  Each  finding  must be  examined                                                                    
     individually and with scientific integrity.                                                                                
                                                                                                                                
     Here is  a quick review  of the evidence that  you will                                                                    
     hear  today: Experts  will  point  out the  differences                                                                    
     between  scientific research  and  pseudo science,  the                                                                    
     confusion  between   correlation  and   causation.  The                                                                    
     administrations assertions about  the increased potency                                                                    
     of marijuana  are inaccurate and misleading.  There are                                                                    
     serious questions  about the  potency of  the marijuana                                                                    
     of today  and yesterday, but  there is no  reliable way                                                                    
     to measure  potency. There is  no proof  that marijuana                                                                    
     is  more  addictive  or  more  dangerous  than  it  was                                                                    
     previously  believed   to  be.  In  fact   more  potent                                                                    
     marijuana may  result in people  using it  less because                                                                    
     of  the effect  of  auto titration  in which  marijuana                                                                    
     users  stop using  marijuana  when  they have  received                                                                    
     their desired effect.                                                                                                      
                                                                                                                                
     The   administrations   treatment  of   statistics   is                                                                    
     misleading  because  most of  them  are  the result  of                                                                    
     court   orders  rather   than  clinical   diagnosis  of                                                                    
     marijuana addictions  or even self-referrals.  Most had                                                                    
     to choose  between treatment or incarceration  and most                                                                    
     chose  treatment.  The  rate  of  marijuana  use  among                                                                    
     minors in  Alaska is  not higher today  than it  was in                                                                    
     1975  in  fact,  according   to  the  government's  own                                                                    
     figures, overall  use among people  ages six  to twelve                                                                    
     in Alaska's  schools is lower  now than after  30 years                                                                    
     of decriminalization.                                                                                                      
                                                                                                                                
     1:55:12 PM                                                                                                               
                                                                                                                                
     Marijuana use  by minors  has not  been shown  to cause                                                                    
     psychosis later in life. Marijuana  use does not induce                                                                    
     violent behavior or rape or  child abuse. The emergency                                                                    
     room  data   used  to  show  that   marijuana  is  more                                                                    
     dangerous today  is not conclusive.  The administration                                                                    
     has  overstated and  misinterpreted  the evidence  that                                                                    
     marijuana  is linked  to lung  cancer, juvenile  crime,                                                                    
     and  the possibility  of dependence  or addiction.  The                                                                    
     scientific  evidence today  discredits the  old gateway                                                                    
     drug theory.                                                                                                               
                                                                                                                                
     There are  laws already in place  that prohibit driving                                                                    
     while impaired  by alcohol or marijuana  and these laws                                                                    
     will remain in effect. SB 74  will have a bad affect on                                                                    
     medical  marijuana   patients  by   jeopardizing  their                                                                    
     access to legal marijuana if  adult use of marijuana in                                                                    
     the home  is criminalized.  If  the administrations aim                                                                    
     is   to  promote   the  public   health  and   welfare,                                                                    
     recriminalizing personal adult use  of marijuana in the                                                                    
     home won't  do it.  Criminalization will only  feed the                                                                    
     black market  and increase the  social costs  that flow                                                                    
     from it. Science shows that  marijuana causes fall less                                                                    
     harm  to  the  public  health or  welfare  than  either                                                                    
     alcohol or tobacco and that is  as true today as it was                                                                    
     in 1975.                                                                                                                   
                                                                                                                                
2:00:33 PM                                                                                                                    
                                                                                                                                
MICHAEL MACLEOD-BALL, Director of the American Civil Liberties                                                                  
Union (ACLU), Alaska, said:                                                                                                     
                                                                                                                                
     Thank  you  for  the opportunity  to  present  evidence                                                                    
     countering      the     administrations      misleading                                                                    
     characterization of  marijuana as a substance  that has                                                                    
     grown more  dangerous over the  last 30 years.   As the                                                                    
     administration  has  acknowledged,   both  before  this                                                                    
     committee and in public statements,  the purpose of the                                                                    
     bill  is to  provide  a framework  for overturning  the                                                                    
     Alaska    Supreme    Court's    decision    that    our                                                                    
     constitutional right  to privacy includes the  right to                                                                    
     possess  small amounts  of marijuana  in  the home  for                                                                    
     purely personal purposes.                                                                                                  
                                                                                                                                
     The bill  also significantly steps up  the penalties in                                                                    
     a manner to bring the  bill directly into conflict with                                                                    
     existing  case law.  The  administration  hopes that  a                                                                    
     legislative  finding concerning  marijuana risks  would                                                                    
     be sufficient  for the court  to reverse itself  if and                                                                    
     when  this  bill  is enacted  and  then  challenged  in                                                                    
     court.   Because  this legislation  directly impacts  a                                                                    
     fundamental  right,  the  right to  privacy,  the  ACLU                                                                    
     believes  that any  legislative finding  that does  not                                                                    
     reflective of the weight of  the evidence available for                                                                    
     review will be set aside by the courts.                                                                                    
                                                                                                                                
     On  the other  hand,  if this  committee  takes on  the                                                                    
     heavy burden  of weighing  the available  science fully                                                                    
     and   completely  and   produces   findings  that   are                                                                    
     reflective of  the weight of evidence,  we believe that                                                                    
     the  court  will  consider such  balanced  findings  an                                                                    
     insufficient basis  for justifying  a restriction  on a                                                                    
     constitutional right to privacy.                                                                                           
                                                                                                                                
     The ACLU  believes that drug  policy based  on imposing                                                                    
     criminal sentences on  mere users is counter-productive                                                                    
     and this  bill tries to  do that. But  our disagreement                                                                    
     with  this bill  on  a policy  level  won't defeat  the                                                                    
     legislation  that  will  be accomplished  by  the  very                                                                    
     nature of this proposal,  an enactment of a restriction                                                                    
     on a  fundamental constitutional right based  on either                                                                    
     incomplete   hearings  or   biased  or   inadequate  or                                                                    
     unjustifiable findings.                                                                                                    
                                                                                                                                
     It cannot seriously  be doubted that in  order for this                                                                    
     committee  to properly  evaluate  the risks  associated                                                                    
     with  one's private  consumption  of  marijuana in  the                                                                    
     privacy of  one's own home,  it must consider  far more                                                                    
     evidence than  it has been  able to take in  during the                                                                    
     course of  three one-and-a-half  or two  hour sessions.                                                                    
     We  believe that  the weight  of  the evidence  clearly                                                                    
     shows   that  marijuana   is  not   significantly  more                                                                    
     dangerous than  it was  in the  1970's when  Alaska Law                                                                    
     legalized use and possession in the home.                                                                                  
                                                                                                                                
     National and  International panels have  concluded that                                                                    
     marijuana is significantly  less dangerous than alcohol                                                                    
     and substantial  increase in the risks  associated with                                                                    
     marijuana over  the last 30  years have been  shown not                                                                    
     to exist.                                                                                                                  
                                                                                                                                
     2:04:16 PM                                                                                                               
                                                                                                                                
     The  findings associated  with  this  bill are  clearly                                                                    
     one-sided,  ignore the  weight of  the evidence  on the                                                                    
     subject and in  many cases are simply  wrong. They are,                                                                    
     as  the following  experts  will  tell you,  misleading                                                                    
     assertions  based  on  half-truths  and  omissions.  We                                                                    
     believe strongly  that findings such as  these, if left                                                                    
     to stand will be the downfall of this bill in court.                                                                       
                                                                                                                                
     The   courts  will   not  blindly   accept  legislative                                                                    
     findings when a law  has distinctions based on religion                                                                    
     or  ethnicity,  when  a   law  restricts  free  speech,                                                                    
     especially  political  speech,   restricts  freedom  of                                                                    
     worship,  or  as  in here,  restricts  an  individual's                                                                    
     right  to privacy.  Privacy is  a fundamental  right in                                                                    
     Alaska,  stronger than  the privacy  right inferred  to                                                                    
     exist   under   the    U.S.   constitution.   But   the                                                                    
     constitution doesn't  say how far the  right to privacy                                                                    
     extends, so  the courts have  been asked to do  the job                                                                    
     of defining  our right of  privacy.  Shortly  after the                                                                    
     amendment  adding the  privacy  right,  the Ravin  case                                                                    
     came along.                                                                                                                
                                                                                                                                
     At  its  core, Ravin  has  less  to do  with  marijuana                                                                    
     possession than with attempting  to define the scope of                                                                    
     the  privacy right.  Ravin stands  for the  proposition                                                                    
     that activities  in the home  are entitled to  a higher                                                                    
     degree  of  privacy  protection  than  other  kinds  of                                                                    
     activities.  Also activities  that are  purely personal                                                                    
     and  don't  pose  a  significant  risk  to  others  are                                                                    
     entitled to a higher  degree of privacy protection. The                                                                    
     court was  eloquent in describing  its reasoning  and I                                                                    
     will quote from its decision:                                                                                              
                                                                                                                                
     The authority  of the state  to exert control  over the                                                                    
     individual   extends   only   to  activities   of   the                                                                    
     individual, which affect others  or the public at large                                                                    
     as it relates to matters  of public health of safety or                                                                    
     to provide for the general  welfare. We believe this to                                                                    
     be a tenant of a  free society: the state cannot impose                                                                    
     its own  notions of morality, propriety,  or fashion on                                                                    
     individuals when the public  has no legitimate interest                                                                    
     in the affairs of those individuals.                                                                                       
                                                                                                                                
     2:06:05 PM                                                                                                               
                                                                                                                                
     Having  come to  these conclusions  about the  scope of                                                                    
     the privacy  right, the court had  to determine whether                                                                    
     marijuana   use   and   possession  fell   within   its                                                                    
     protective  ambit.  In  order   to  do  so,  the  court                                                                    
     considered  the  luminous   materials  and  heard  from                                                                    
     numerous  experts. The  Alaska Supreme  Court concurred                                                                    
     with  lower  court  rulings   that  marijuana  was  not                                                                    
     without risk,  however it said that  the health affects                                                                    
     were not  so severe  to warrant a  government intrusion                                                                    
     on a basic human right.                                                                                                    
                                                                                                                                
     So  the administration's  argument in  support of  this                                                                    
     bill  will  now  stand  or   fall  on  whether  it  can                                                                    
     demonstrate that  marijuana is  so much  more dangerous                                                                    
     than it  was in the  1970s when Ravin was  decided that                                                                    
     justification   now  exists   to  restrict   individual                                                                    
     privacy  rights   where  none  exited  before.   It  is                                                                    
     especially important to  be clear on this  point. It is                                                                    
     not enough to find that  marijuana has risks. The court                                                                    
     already decided in  the 1970s that there  was some risk                                                                    
     in the  use of marijuana,  albeit far less than  in the                                                                    
     use  of alcohol.  The court  heard  evidence from  some                                                                    
     that  marijuana was  dangerous,  offset  by others  who                                                                    
     said that  it has  some risks but  not many.  The court                                                                    
     decided that  the balance of evidence  was insufficient                                                                    
     to justify a restriction on privacy rights.                                                                                
                                                                                                                                
     In order  to make  this legislation  work, you  need to                                                                    
     determine that marijuana is far  more dangerous than it                                                                    
     was in 1975. Unfortunately  the evidence won't tell you                                                                    
     that marijuana  spurs violence; it won't  tell you that                                                                    
     there has  been a significant increase  in young users,                                                                    
     it  won't  tell  you  that  there  is  any  significant                                                                    
     increase  in   potency  that  isn't  offset   by  other                                                                    
     factors.                                                                                                                   
                                                                                                                                
     We don't think that the case  can be made that there is                                                                    
     any increased danger in marijuana  use today and if you                                                                    
     consider all of the evidence  available to you, some of                                                                    
     which  has been  presented  to this  committee, we  are                                                                    
     certain that  you will  have to  agree. So,  why should                                                                    
     you be  concerned about  the available  evidence making                                                                    
     sure you have fully  evaluated everything and have made                                                                    
     accurate findings?  Because the legislation  will stand                                                                    
     or fall whether you do this job fully and thoroughly.                                                                      
                                                                                                                                
2:08:14 PM                                                                                                                    
                                                                                                                                
     As noted before, courts will  generally defer the fact-                                                                    
     finding  done   by  the  Legislature,  but   not  if  a                                                                    
     fundamental  right is  restricted.   In that  case, the                                                                    
     court will look for  a fundamental relationship between                                                                    
     the  proposed   restriction  and  a   compelling  state                                                                    
     interest and  it will  be far less  likely to  defer to                                                                    
     the Legislature's finding and it  will take a hard look                                                                    
     at   what  the   Legislature   did   in  adopting   the                                                                    
     legislation.                                                                                                               
                                                                                                                                
     It should  be noted  that in  several cases  the courts                                                                    
     have looked  quite disparagingly on findings  that were                                                                    
     the  result  of   preordained  decisions,  insufficient                                                                    
     hearings, or  hasty deliberations.  Even  in Alaska the                                                                    
     few  precedents that  are  available  suggest that  the                                                                    
     ordinary  deference  to legislative  action  disappears                                                                    
     when  constitutionally  protected  rights such  as  the                                                                    
     right to privacy are at issue.                                                                                             
                                                                                                                                
     Examining all  of the  precedents, if  the court  is at                                                                    
     all likely to  decline to defer to  the legislature and                                                                    
     in this  context, it  will only  be if  the legislature                                                                    
     has  comprehensively  reviewed the  available  evidence                                                                    
     and  finding conclusions  that accurately  reflect that                                                                    
     evidence.   The  courts will  not tolerate  proceedings                                                                    
     that are merely  a show to make it seems  as though the                                                                    
     legislature  has  taken  a comprehensive  look  at  the                                                                    
     available evidence.   They will  not stand for  a paper                                                                    
     record  of  several  hundred pages  if  the  result  is                                                                    
     directly contrary to the evidence submitted.                                                                               
                                                                                                                                
     Based on  our experience  before this committee,  it is                                                                    
     our view that  the attention given to  the issues falls                                                                    
     far  short  of   what  the  court  will   expect.    To                                                                    
     understand the  complexity of  the issue  involved here                                                                    
     requires a  commitment of far more  time and expertise.                                                                    
     By rights  this panel should convene  something akin to                                                                    
     a blue ribbon commission, as  has been done elsewhere -                                                                    
     to advise and inform the  committee on this issue.  But                                                                    
     there seems to be no  interest in conducting a thorough                                                                    
     review  of  this   nature.  It's  understandable,  this                                                                    
     committee and  this body have many  important issues to                                                                    
     address  and there  is a  natural urge  to push  things                                                                    
     along and get things done,  but when a restriction on a                                                                    
     fundamental right is involved, you need to do more.                                                                        
                                                                                                                                
     I  will  let others  speak  to  the findings  regarding                                                                    
     scientific issues, but  I would like to  talk about two                                                                    
     of  the findings  in particular  that  relate to  legal                                                                    
     issues. Finding  number 19 purports  and I  will quote:                                                                    
     We confirm that it is  illegal to possess any amount of                                                                    
     marijuana anywhere in state.  In fact, by adopting such                                                                    
     a   finding  the   legislature  wholly   discounts  the                                                                    
     judiciary's   role  in   our  three-branch   system  of                                                                    
     government.  Pursuant  to  judicial  decision,  it,  in                                                                    
     fact, has not been illegal  to possess small amounts of                                                                    
     marijuana  for personal  use. To  adopt a  finding that                                                                    
     reconfirms  illegality this  body  asserts, in  effect,                                                                    
     that  the  judiciary has  no  role  in determining  the                                                                    
     constitutionally of legislative enactments.                                                                                
                                                                                                                                
     Finding number  18 asserts that  the ruling  in Crocker                                                                    
     imposes unnecessary  and unreasonable  requirements for                                                                    
     search warrants  to investigate marijuana  growing that                                                                    
     inhibit law  enforcement efforts  to reduce  the amount                                                                    
     of  marijuana  illegally  grown indoors  and  illegally                                                                    
     sold and exported.                                                                                                         
                                                                                                                                
     This is  simply inaccurate, Crocker merely  held that a                                                                    
     judicial officer  should not issue a  warrant to search                                                                    
     a person's  home for  evidence of  marijuana possession                                                                    
     unless  the  state's  warrant  application  establishes                                                                    
     probable cause to believe  that the person's possession                                                                    
     of marijuana exceeds that scope  of the possession that                                                                    
     is  constitutionally protected  under  Ravin. Before  a                                                                    
     search warrant  can be lawfully issued,  the government                                                                    
     must  establish  probable  cause to  believe  that  the                                                                    
     evidence  being sought  is connected  to  a crime.  The                                                                    
     same rule  governs search  warrants for  all controlled                                                                    
     substances, not just marijuana.                                                                                            
                                                                                                                                
     This  is neither  unnecessary nor  unreasonable; it  is                                                                    
     the  law.  Probable  cause   means  probable  cause  to                                                                    
     suspect a violation  of the law, not  probable cause to                                                                    
     suspect the occurrence  of a constitutionally protected                                                                    
     activity. Could  you get a  warrant to enter a  home if                                                                    
     you suspected  someone was exercising his  or her right                                                                    
     to  freedom of  speech?  It's a  silly  point, but  you                                                                    
     understand what  I am  trying to say.   The  finding in                                                                    
     point is slanted and there is no need for it.                                                                              
                                                                                                                                
2:12:41 PM                                                                                                                    
                                                                                                                                
     We  would strongly  urge this  committee  to remove  or                                                                    
     drastically alter  the findings  in the bill,  each and                                                                    
     every one of  them. As they stand, they  do not reflect                                                                    
     the state  of the  science on the  subject or  they are                                                                    
     factually incorrect.  They will serve as  the basis for                                                                    
     a  challenge  to  this  bill.  We  strongly  urge  this                                                                    
     committee to  undertake a  far more  comprehensive look                                                                    
     at  the science  or work  for the  creation of  a truly                                                                    
     independent panel  to examine  the science.  The Alaska                                                                    
     Civil  Liberties   Union  stands   ready  to   help  in                                                                    
     establishing  and  carrying out  such  a  panel if  you                                                                    
     should choose.  We believe  that that  is the  only way                                                                    
     this  legislature  might  successfully  adopt  for  the                                                                    
     restrictions that it would seem to desire.                                                                                 
                                                                                                                                
     We   understand  the   basic   reflex  to   criminalize                                                                    
     marijuana possession  and that  it is  based on  a fear                                                                    
     that our  kids are being  harmed, but there  are better                                                                    
     ways of dealing with this  than to make marijuana users                                                                    
     criminals.  I would  ask  you to  provide  me with  any                                                                    
     questions that you have. I  am happy to answer them now                                                                    
     or later.                                                                                                                  
                                                                                                                                
2:13:54 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON remarked he was  told that marijuana is illegal under                                                               
federal law and  asked Mr. Macleod-Ball to explain  how the force                                                               
of  federal  law  and  state   law  interact  on  this  point  of                                                               
difference.                                                                                                                     
                                                                                                                                
MR. MACLEOD-BALL responded the state has rights to regulate in                                                                  
its own jurisdiction and federal law addresses interstate                                                                       
activities.                                                                                                                     
                                                                                                                                
CHAIR  DYSON remarked  the vast  majority  of land  in Alaska  is                                                               
federal land and asked whether  federal law takes precedence over                                                               
state law within federal lands in Alaska.                                                                                       
                                                                                                                                
MR. MACLEOD-BALL  did not know the  answer. He said the  issue at                                                               
hand  is whether  or  not the  state has  the  right to  regulate                                                               
possession of small amounts of  marijuana in the home and federal                                                               
law would not apply to most homes in the state.                                                                                 
                                                                                                                                
2:15:45 PM                                                                                                                    
                                                                                                                                
SENATOR WILKEN said:                                                                                                            
                                                                                                                                
     Two points, at the outset  of your testimony you talked                                                                    
     about  marijuana  being  less dangerous  than  alcohol.                                                                    
     Does that  then imply that  there is some danger  or no                                                                    
     danger in using marijuana?                                                                                                 
                                                                                                                                
MR. MACLEOD-BALL said:                                                                                                          
                                                                                                                                
     I am not a scientific expert  and I would like to defer                                                                    
     that question to  the experts that are  coming up right                                                                    
     after me. As a lawyer, I  will say that the Ravin court                                                                    
     acknowledged that there are  some risks associated with                                                                    
     marijuana, but  it ruled that they  were not sufficient                                                                    
     to  justify  intrusion  into  the  privacy  right  with                                                                    
     respect to personal use and  possession of marijuana in                                                                    
     the home.                                                                                                                  
                                                                                                                                
SENATOR  WILKEN remarked  that  Mr.  Macleod-Ball described  some                                                               
alternative  ways of  dealing  with marijuana  and  asked him  to                                                               
describe some of these alternatives.                                                                                            
                                                                                                                                
MR. MACLEOD-BALL replied if the  state is concerned about the use                                                               
of marijuana  it should concentrate  on prevention  and education                                                               
programs modeled after current programs  that address alcohol and                                                               
tobacco abuse.                                                                                                                  
                                                                                                                                
2:17:59 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON stated  there is  a zero  fiscal note  attached to                                                               
this  bill and  it seems  counterintuitive that  this bill  could                                                               
have  a zero  fiscal note  from The  Department of  Public Safety                                                               
(DPS)  and a  zero  fiscal  note from  the  court system  despite                                                               
having a positive  fiscal note from the  Public Defender's Office                                                               
(PDO).  He  asked  Mr.  Macleod-Ball   to  explain  the  apparent                                                               
inconsistency.                                                                                                                  
                                                                                                                                
MR. MACLEOD-BALL explained:                                                                                                     
                                                                                                                                
     I  believe that  you  have provided  the answer  within                                                                    
     your  question and  I would  agree with  what you  just                                                                    
     said. I think  that there are perhaps two  views on the                                                                    
     fiscal impact  of this legislation.  One view  would be                                                                    
     that it creates  a whole additional set  of crimes that                                                                    
     will  need to  be enforced  and  if, in  fact, you  are                                                                    
     going to  continue doing what  you are doing  now, with                                                                    
     Department  of   Public  Safety  and   Public  Defender                                                                    
     personnel  and  then also  take  on  all of  these  new                                                                    
     crimes, why  you must hire  more people and  spend more                                                                    
     money to get it done.                                                                                                      
                                                                                                                                
     The other  view would be  that if you  divert resources                                                                    
     into dealing with this new  set of crimes that you have                                                                    
     committed  you  must  necessarily take  resources  away                                                                    
     from some  other perhaps  more important,  perhaps less                                                                    
     important, task.  We would argue  that, if that  is the                                                                    
     view that you take, chances  are that you are going the                                                                    
     be taking  resources away from things  that are perhaps                                                                    
     more worthy of the state's resources.                                                                                      
                                                                                                                                
2:19:52 PM                                                                                                                    
                                                                                                                                
DR. LESTER GRINSPOON, Associate Professor Emeritus at the                                                                       
Harvard Medical School, said:                                                                                                   
                                                                                                                                
     After  graduating from  the Harvard  Medical School  in                                                                    
     1955  I joined  the faculty  and combined  research and                                                                    
     teaching  with some  clinical practice.  In 1967  I was                                                                    
     very  much  concerned  about  the  great  danger  young                                                                    
     people were  exposing themselves to as  they recklessly                                                                    
     ignored  the   government  warning   about  marijuana's                                                                    
     dangers.  I decided  to  study it  with  the object  of                                                                    
     producing a scientifically sound  paper on the subject,                                                                    
     one  which  I   hoped  to  publish  in   a  journal  of                                                                    
     periodicals accessible  to college-age  people. Perhaps                                                                    
     some would  pay more attention to  a professor's review                                                                    
     than  they  were paying  to  material  produced by  the                                                                    
     United States Government.                                                                                                  
                                                                                                                                
     2:21:19 PM                                                                                                               
                                                                                                                                
     As  I delved  into  the medical,  scientific and  other                                                                    
     literature,  I soon  discovered, to  my great  surprise                                                                    
     and  consternation,  that   despite  my  retraining  in                                                                    
     medicine and science, I had  been brainwashed like most                                                                    
     other American citizens about the  danger of this drug.                                                                    
     I began working on  'Marijuana Reconsidered', which was                                                                  
     published by Harvard University Press in 1971.                                                                             
                                                                                                                                
     After documenting  that most  of what we  believe about                                                                    
     the dangers  of cannabis is mythical,  I concluded that                                                                    
     marijuana was  far less harmful than  either alcohol or                                                                    
     tobacco and  that its  greatest harmfulness  arose from                                                                    
     the way that  we as a society were dealing  with it. At                                                                    
     that  time  we  were arresting  about  300,000,  mostly                                                                    
     young  people, on  marijuana charges  each year.  Today                                                                    
     the figure is about 750,000.                                                                                               
                                                                                                                                
     Let  me say  at the  outset that  marijuana is  no more                                                                    
     harmful today than  it was in 1975 when  I testified in                                                                    
     the  Ravin Court.  Street  marijuana  is arguably  more                                                                    
     portent than  it was at  that time, but this  does mean                                                                    
     that it  is more  dangerous because both  medicinal and                                                                    
     recreational users  quickly learn  to titrate  a potent                                                                    
     dose to achieve  the desired affect. A  user who smokes                                                                    
     or vaporizes  marijuana has  to inhale  less of  a more                                                                    
     potent sample and  conversely more of one  that is less                                                                    
     potent.  It follows  that to  the extent  that inhaling                                                                    
     the  smoke is  considered a  risk factor  for pulmonary                                                                    
     disease, the  more potent  sample provides  a healthier                                                                    
     choice.                                                                                                                    
                                                                                                                                
     I  should  hasten  to  add   that  the  pulmonary  risk                                                                    
     associated  with  smoking  marijuana has  been  greatly                                                                    
     exaggerated. There is not a  single case of lung cancer                                                                    
     or emphysema attributed to the  smoking of marijuana to                                                                    
     be  found in  medical  literature. I  believe that  the                                                                    
     lungs  of marijuana  smokers are  at greater  risk from                                                                    
     the air  of cities like  Los Angeles or Houston  or any                                                                    
     other city  with poor air  quality. However  for those,                                                                    
     particularly  in today's  anti-smoke camp,  who believe                                                                    
     that we  need to avoid  smoke for any reason,  there is                                                                    
     now  available  a  device called  the  vaporizer  which                                                                    
     holds the  temperature of the marijuana  to be consumed                                                                    
     in a  temperature window that vaporizes  the canabinoid                                                                    
     without igniting the cannabis.                                                                                             
                                                                                                                                
2:24:30 PM                                                                                                                    
                                                                                                                                
     I  wish I  had time  to address  the other  18 findings                                                                    
     because so  many are erroneous  and none  are supported                                                                    
     by  documentation.  Let  me  briefly  consider  another                                                                    
     part,  one that  states 'Marijuana  use by  children is                                                                    
     associated  with   an  increased  risk   of  attempting                                                                    
     suicide.'  I  believe that  the  intention  here is  to                                                                    
     suggest that because there  is an association, cannabis                                                                    
     must be  causal in  this increment of  risk. Psychiatry                                                                    
     is  becoming increasingly  aware  that children  suffer                                                                    
     from depression and some of  them commit suicide.  Like                                                                    
     other depressed people, some  of the depressed children                                                                    
     use    marijuana.    Marijuana    is    an    effective                                                                    
     antidepressant and some of them  may have discovered it                                                                    
     as  a self-medication.  There is  no credible  evidence                                                                    
     that I  know of that establishes  marijuana is causally                                                                    
     related to suicide.                                                                                                        
                                                                                                                                
     I am struck by the fact  that so many of these findings                                                                    
     are  the same  claims  about marijuana  that have  been                                                                    
     discredited more than once  throughout our history. For                                                                    
     example,  schizophrenics  and patients  suffering  from                                                                    
     other psychosis were thought  to comprise a significant                                                                    
     number of the patients  admitted into the Indian insane                                                                    
     asylums in the second half  of the 19th Century and the                                                                    
     use of ganja was thought to be causative.                                                                                  
                                                                                                                                
     It was for  this reason that the  British organized the                                                                    
     Indian Drug  Commission Study,  which was  published in                                                                    
     1894.    The   Commission    examined   800    doctors,                                                                    
     superintendents, and so forth. In  a 300 page, 7-volume                                                                    
     report,  the commission  concluded  that  'There is  no                                                                    
     evidence  of  any  weight regarding  mental  and  moral                                                                    
     injury from the moderate use of these drugs.'                                                                              
                                                                                                                                
     2:26:21 PM                                                                                                               
                                                                                                                                
     This report  put to rest  the belief that  ganja caused                                                                    
     schizophrenia and  other psychosis for a  while, but it                                                                    
     has reoccurred  periodically, most recently  during the                                                                    
     last  year  or  so.  For example,  a  report  from  New                                                                    
     Zealand with a study group  of only 759 subjects claims                                                                    
     to  have established  that  those  who smoke  marijuana                                                                    
     three or more times  a week by the age of  15 have a 10                                                                    
     percent  higher  chance   of  developing  schizophrenia                                                                    
     later in life.                                                                                                             
                                                                                                                                
     Similarly  other  studies  in  Great  Britain  and  the                                                                    
     Netherlands predict  a greater number  of schizophrenic                                                                    
     patients. If  these predictions are correct,  given the                                                                    
     number  of  young  people  who are  or  who  have  used                                                                    
     cannabis, we should  expect to see an  increment in the                                                                    
     incidents of schizophrenia.  However, no such increment                                                                    
     exists.                                                                                                                    
                                                                                                                                
     In  finding  number two,  the  assertion  is made  that                                                                    
     'Marijuana has  addictive properties similar  to heroin                                                                    
     and other similar  illegal controlled substances.' Most                                                                    
     of those who are  sophisticated about cannabis question                                                                    
     whether  the word  'addiction' is  even appropriate  to                                                                    
     this  drug  and all  would  agree  that the  withdrawal                                                                    
     symptoms   seen   with   'heroin  and   other   illegal                                                                    
     controlled'   are  not   observed  upon   cessation  of                                                                    
     marijuana use.                                                                                                             
                                                                                                                                
     The assertion  made in finding number  4 'Marijuana use                                                                    
     makes it  more likely  that the person  will go  to use                                                                    
     more potent  illegal controlled substances,'  is simply                                                                    
     a restatement of  what was know as  the 'stepping stone                                                                    
     hypothesis',  a   belief  which  has   been  thoroughly                                                                    
     discredited.  As I participate  in these hearings, I am                                                                    
     reminded of those which  preceded The Federal Marijuana                                                                    
     Tax   Act  of   1947,  the   first  of   the  draconian                                                                    
     legislation aimed at marijuana.                                                                                            
                                                                                                                                
     2:28:36 PM                                                                                                               
                                                                                                                                
     A  review of  the hearings  before the  House Ways  and                                                                    
     Means  Committee, which  defeated the  passage of  that                                                                    
     legislation,  demonstrates  quite  clearly  how  little                                                                    
     empirical  data was  found to  support the  act. Indeed                                                                    
     the  enactment reflected  far  more  the mass  hysteria                                                                    
     surrounding the  subject than any concrete  evidence of                                                                    
     the  drug's harmfulness.  I would  urge the  members of                                                                    
     this committee to acquaint themselves  with some of the                                                                    
     excellent comprehensive special  reports and commission                                                                    
     reports  which  have  been   developed  over  the  past                                                                    
     century. They  include The La  Guardia Report  of 1944,                                                                    
     The  Shaffer Report  of 1972  and  The Canadian  Senate                                                                    
     Special Committee on Illegal Drug Report of 2002.                                                                          
                                                                                                                                
     I think that if this  legislative body is as meticulous                                                                    
     and comprehensive in collecting  and assessing the data                                                                    
     as  these  commissions  were, it  will  have  a  better                                                                    
     chance of  arriving at a  sound judgment  about whether                                                                    
     the  harmfulness of  marijuana is  sufficient to  enact                                                                    
     such a restrictive bill.                                                                                                   
                                                                                                                                
CHAIR DYSON asked the witness to summarize his testimony.                                                                       
                                                                                                                                
DR. GRINSPOON said:                                                                                                             
                                                                                                                                
     In conclusion,  I must tell  you that I have  much more                                                                    
     to say  on this topic,  but giving the  extremely short                                                                    
     time  allotted  here,  there  is  no  way  that  I  can                                                                    
     properly respond to the  erroneous findings proposed in                                                                    
     this  bill.  It  would  take   days  if  not  weeks  to                                                                    
     carefully  review  each  of the  findings  and  reports                                                                    
     submitted by  the government in order  to fully explain                                                                    
     the fallacies  of this bill.  In short,  this committee                                                                    
     cannot  possibly hope  to  seriously  consider, in  the                                                                    
     allotted  time,  the  evidence  necessary  to  reach  a                                                                    
     conclusion about  the harmful  effects of  marijuana. I                                                                    
     would  urge the  committee to  postpone action  on this                                                                    
     legislation until such  time as a full  and fair review                                                                    
     of   all  of   the  evidence   is  achieved.   If  this                                                                    
     legislature  does adopt  these findings,  I would  urge                                                                    
     you  to fully  annotate  those  findings with  specific                                                                    
     references  to  specific  evidence in  the  legislative                                                                    
     record, Thank you.                                                                                                         
                                                                                                                                
SENATOR OLSON asked if the effect of THC upon the CB1 and CB2                                                                   
canabinoid receptors is blunted after the receptors have become                                                                 
saturated with THC.                                                                                                             
                                                                                                                                
DR. GRINSPOON responded:                                                                                                        
                                                                                                                                
     No,  there is  no  evidence  that the  CB  1  and CB  2                                                                    
     receptors   operate   differently  when   they   become                                                                    
     saturated.  They operate  just  as  they would  without                                                                    
     outside THC.                                                                                                               
                                                                                                                                
SENATOR OLSON asked whether the half-life of marijuana is                                                                       
affected by the amount of THC in the drug.                                                                                      
                                                                                                                                
DR. GRINSPOON replied the THC content of marijuana does not                                                                     
affect its half-life.                                                                                                           
                                                                                                                                
MITCH EAREYWINE, PhD, Associate Professor, University of                                                                        
Southern California said:                                                                                                       
                                                                                                                                
     I  am  an Associated  Professor  of  Psychology at  the                                                                    
     University  of  Southern  California. I  have  over  70                                                                    
     publications   including    the   book   "Understanding                                                                  
     Marijuana" which was published  by Oxford in 2002. It's                                                                  
     over  300 pages  and it  took me  15 months  to put  it                                                                    
     together.  I want  to echo  Dr. Grinspoon's  ideas that                                                                    
     this  is not  an  easy literature  to  master and  that                                                                    
     taking as much  time as possible on it  is really worth                                                                    
     your time.                                                                                                                 
                                                                                                                                
     A  couple   of  questions   came  up   during  previous                                                                    
     testimony  that I  would like  to address  and I  would                                                                    
     like to focus on some of  the issues of potency and the                                                                    
     behavioral  effects  of  cannabis.  With  regard  to  a                                                                    
     question  about the  auto-titration process,  some data                                                                    
     from  Dr. Cohen  from  the  Netherlands suggested  that                                                                    
     people don't  report getting any  higher than  they did                                                                    
     in  the  1970s from  the  cannabis  that is  reportedly                                                                    
     stronger  than   it  was  in   those  days.   You  also                                                                    
     understand  that   any  drug   that  is   inhaled  goes                                                                    
     immediately to the lungs and  then to the brain, so the                                                                    
     effect  of  cannabis is  accessible  within  a mere  15                                                                    
     seconds. It's  not as though people  can't titrate very                                                                    
     quickly and  alter their use  of the substance  even if                                                                    
     does contain more THC than it had in the past.                                                                             
                                                                                                                                
     The  tacit idea  behind  the  assumption that  stronger                                                                    
     cannabis is  somehow more  dangerous is  worth testing.                                                                    
     In  fact, data  from Dr.  Mathius and  Dr. Tashkent  at                                                                    
     UCLA suggest that people who  are smoking cannabis with                                                                    
     more THC in  it tend to take smaller puffs  and tend to                                                                    
     inhale  them  for  a   briefer  period.  This  actually                                                                    
     provides less  opportunity for any carcinogens  or tars                                                                    
     to  get attached  to  their lungs  and  this, in  fact,                                                                    
     increases  their  chances  of  aborting  any  pulmonary                                                                    
     problems.                                                                                                                  
                                                                                                                                
     The measures  of potency from  the 1970's  versus today                                                                    
     have been  exaggerated. If cannabis is  stronger, it is                                                                    
     at  most two  or three  times  stronger not  10 to  100                                                                    
     times  stronger, as  we often  hear in  the media.  The                                                                    
     exaggerations  arose  from  a misunderstanding  in  the                                                                    
     1970's  of how  THC  degrades. You  can imagine  police                                                                    
     officers confiscating cannabis and  placing it in a hot                                                                    
     evidence locker and  then, when they got  around to it,                                                                    
     sending  it down  to  Mississippi's Potency  Monitoring                                                                    
     Project to  have the potency  assessed. Well  that time                                                                    
     in the hot  evidence locker allowed the  THC to degrade                                                                    
     to other  canabinoids and so  the estimates  were, well                                                                    
     its .9 percent, its 1 percent THC.                                                                                         
                                                                                                                                
     2:35:01 PM                                                                                                               
                                                                                                                                
     When you give people cannabis  that is 1 percent THC in                                                                    
     the laboratory, they get a  headache they claim that it                                                                    
     is a placebo  and they find it inactive  and they don't                                                                    
     want to  do it  again.  Obviously,  in the  1970's this                                                                    
     couldn't have been the case  or people would have never                                                                    
     used  the   drug  a  second   time.  In   addition  the                                                                    
     incredible strains of 18 percent  or 19 percent THC are                                                                    
     relatively rare.  The averages  from the  University of                                                                    
     Mississippi Potency  Monitoring Project are  around six                                                                    
     percent THC for present day marijuana.                                                                                     
                                                                                                                                
     Another  issue  that  has come  up  concerns  cannabis'                                                                    
     involvement in  accidents. One Senator had  asked about                                                                    
     the dangers  of alcohol  relative to those  of cannabis                                                                    
     with  regard  to  auto  accidents.  When  you  look  at                                                                    
     probability   studies   of   injury   related   crashes                                                                    
     involving  alcohol,  you  will find  that  people  with                                                                    
     alcohol in their systems have  been shown to be five to                                                                    
     eight  times more  likely to  be involved  in a  crash.                                                                    
     Studies of  cannabis metabolites in drivers,  and these                                                                    
     are directed to people with  cannabis and no alcohol in                                                                    
     their  systems  at all,  you  find  that some  subjects                                                                    
     actually have  a lower crash  rate than people  with no                                                                    
     cannabis  in  their  system  and  the  group  with  the                                                                    
     highest probably  of being involved in  an accident are                                                                    
     at most twice as likely to be involved in an accident.                                                                     
                                                                                                                                
     I think  that the  most compelling  data on  this topic                                                                    
     comes from  laboratory studies  where people  are given                                                                    
     THC in the laboratory and then  asked to drive a car or                                                                    
     a driving  simulator. If  you look  at work  by Anthony                                                                    
     LaGora here  in the  United States  it shows  that THC,                                                                    
     even at  levels of 8  percent, tends to have  no impact                                                                    
     on  certain measures  of  driving  attention and  brake                                                                    
     latency.   Work by Dr.  Rovie in the  Netherlands shows                                                                    
     that when  cannabis is used  alone, there is  no impact                                                                    
     on stopping distance or on  handling. People can follow                                                                    
     a car  for up to  an hour without making  any mistakes.                                                                    
     They are  completely capable of  making left  and right                                                                    
     turns and using all driving signals.                                                                                       
                                                                                                                                
2:37:48 PM                                                                                                                    
                                                                                                                                
     The other  issue that  has come  up in  other testimony                                                                    
     concerns the  accuracy of emergency room  mentions.  We                                                                    
     often hear that THC is  now mentioned in emergency room                                                                    
     data more  often than it was  in the past. As  it turns                                                                    
     out,  these  data  come from  the  Drug  Abuse  Network                                                                    
     studies,  which  have   been  highly  criticized.  What                                                                    
     happens is  that emergency  room doctors  are extremely                                                                    
     busy and some are more  devoted to gathering these data                                                                    
     than  others. When  people  have gone  back  to try  to                                                                    
     reexamine  the  cases  they find  that  they  were  not                                                                    
     particularly reliably  recorded.   The other  notion is                                                                    
     that  people come  in after  they  have done  something                                                                    
     particularly  idiotic,  like  having  cut  their  thumb                                                                    
     while slicing onions and they  feel embarrassed so they                                                                    
     say something  like, 'Oh I  was smoking  marijuana,' in                                                                    
     an effort to appear less accident prone.                                                                                   
                                                                                                                                
     Another big  issue concerns  the tacit  assumption that                                                                    
     higher  THC  is  what  is  behind  increased  rates  in                                                                    
     adolescent admissions  to treatment.  As it  turns out,                                                                    
     there is  no THC measurement  in any of  these studies.                                                                    
     It  is  not as  if  adolescents  that are  admitted  to                                                                    
     treatment bring in their cannabis  and have it analyzed                                                                    
     to  see its  THC content.  This  has in  fact been  the                                                                    
     product of some recent moves  by the judicial system to                                                                    
     offer people either treatment  or incarceration. As you                                                                    
     might   imagine,  most   teens   prefer  treatment   to                                                                    
     incarceration.  Some recent  work by  Bruce Merken  has                                                                    
     suggested that  many teens who are  entering treatment,                                                                    
     supposedly   cannabis  dependent,   haven't  used   any                                                                    
     cannabis   in  the   previous  month.   Obviously  they                                                                    
     couldn't be  particularly dependant if can  use it that                                                                    
     infrequently.                                                                                                              
                                                                                                                                
2:40:31 PM                                                                                                                    
                                                                                                                                
DR. EARLEYWINE said:                                                                                                            
                                                                                                                                
     The bottom  line is that  this is an  extremely complex                                                                    
     literature and that  is why I wrote a  325-page book on                                                                    
     it.  I certainly  appreciate your  time, in  fact, this                                                                    
     substance  is not  completely  harmless, but  certainly                                                                    
     nowhere as dangerous  as the way it's  been depicted by                                                                    
     some  of the  physicians  that have  testified on  this                                                                    
     bill.                                                                                                                      
                                                                                                                                
CHAIR DYSON said a considerable  amount of the previous testimony                                                               
asserted that several correlations  have been established between                                                               
marijuana and  violence and accidents.  He was surprised  to hear                                                               
of  studies  that  conclude marijuana  does  not  impair  driving                                                               
ability.  He  asked  Dr.  Earleywine  if  he,  Chair  Dyson,  had                                                               
understood the import of these studies correctly.                                                                               
                                                                                                                                
2:42:14 PM                                                                                                                    
                                                                                                                                
DR. EARLEYWINE responded:                                                                                                       
                                                                                                                                
     It  sounds  like  that  is a  two  part  question,  one                                                                    
     concerning  driving  and   one  concerning  aggression.                                                                    
     With regards  to the study  on driving, I  can describe                                                                    
     the study by Rovie where  people used cannabis and then                                                                    
     drove around with  a driving instructor in  the car who                                                                    
     didn't know if  they had smoked cannabis  or a placebo.                                                                    
     They found  that among the marijuana  group, there were                                                                    
     no  deficits in  stopping  distance or  handling or  in                                                                    
     their  ability to  follow another  car. Obviously  that                                                                    
     doesn't mean  that it is  completely safe to  drive and                                                                    
     also  driving  under  impairment  laws  should  not  be                                                                    
     changed.  But this  is not  anywhere near  the kind  of                                                                    
     magnitude   of  deficits   in   driving  that   alcohol                                                                    
     produces.  He added  Dr. Taylor  at Kent  has performed                                                                    
     studies  that  have  concluded that  people  under  the                                                                    
     influence  of   marijuana  do  not   exhibit  increased                                                                    
     aggression when provoked.                                                                                                  
                                                                                                                                
CHAIR  DYSON  asked  him  whether  he  has  ever  been  paid  for                                                               
testifying before public hearings or trials.                                                                                    
                                                                                                                                
DR.  EARLEYWINE responded  he has  only testified  twice and  has                                                               
never been paid for his testimony.                                                                                              
                                                                                                                                
DR.  OLSON  asked  the  name  of the  person  who  conducted  the                                                               
aforementioned study on aggression.                                                                                             
                                                                                                                                
DR.  EARLEYWINE responded  Dr. Taylor  conducted the  studies and                                                               
they  are  referenced in  the  back  of his  book  "Understanding                                                             
Marijauna". He added an entire chapter  of his book is devoted to                                                             
the  topic   of  marijuana,  reckless  driving,   aggression  and                                                               
motivation.                                                                                                                     
                                                                                                                                
DR. OLSON asked when the study was written.                                                                                     
                                                                                                                                
DR. EARLEYWINE said the Taylor study was published in 1980.                                                                     
                                                                                                                                
2:44:08 PM                                                                                                                    
                                                                                                                                
DR. KELLY DREW, Associate Professor of Chemistry and                                                                            
Biochemistry at the University of Alaska Fairbanks said:                                                                        
                                                                                                                                
     I have been  a resident of Alaska for about  30 years I                                                                    
     left to go to graduate  school and for my post-doctoral                                                                    
     training. I have a PhD  in neuro-pharmacology, which is                                                                    
     the study of  the theory and principles  of the actions                                                                    
     of drugs  on the brain.  My early research  was focused                                                                    
     primarily  on drug  addiction.   One of  my significant                                                                    
     contributions was to show how  learning was involved in                                                                    
     addiction. Today  learning is  recognized as  a primary                                                                    
     target for  the treatment of addiction.  Dr. Stan Glick                                                                    
     trained  me.  He  is  a   physician  scientist  and  an                                                                    
     established   neuro-pharmacologist  who   studies  drug                                                                    
     addiction and  abuse and pharmacological  therapies for                                                                    
     drug  addiction  for  more  than  four  decades.  After                                                                    
     receiving my PhD I went  to the Karolinska Institute in                                                                    
     Stockholm, Sweden.  There I worked  in a  department of                                                                    
     pharmacology and I  focused on neuro-pharmacology under                                                                    
     Dr.  Urban Ungerstedt  who pioneered  our understanding                                                                    
     of Dopamine,  which is  now known  to underlie  part of                                                                    
     addiction,  motivation, and  reward. I  am currently  a                                                                    
     tenured  associate  professor   at  the  Department  of                                                                    
     Chemistry and Biochemistry at  the University of Alaska                                                                    
     Fairbanks.                                                                                                                 
                                                                                                                                
     I  have been  living in  Fairbanks since  1990. I  have                                                                    
     published  over 30  peer review  papers  and five  book                                                                    
     chapters in  neuro-pharmacology. I  have been  a leader                                                                    
     in establishing the neuro-science  program here at UAF.                                                                    
     It was  recently funded  by a  $7.5 million  grant from                                                                    
     the National Institute of Health.                                                                                          
                                                                                                                                
     To speak to some of the  points raised in the bill from                                                                    
     the  findings, I  would like  to start  with the  first                                                                    
     finding which  indicates that marijuana  is one  of the                                                                    
     most commonly  used illegal substances.  I want  to say                                                                    
     that this finding  indicates the size of  the number of                                                                    
     people  affected by  this legislation.  Marijuana users                                                                    
     and  their  families  are affected  by  the  legal  and                                                                    
     health  related consequences  of  marijuana  use. As  a                                                                    
     wife and  mother in the  Fairbanks community I  have to                                                                    
     say  that I  have  seen  devastating consequences  that                                                                    
     marijuana   laws  have   had  upon   families.  In   my                                                                    
     professional  opinion  as  a  neuro-pharmacologist  the                                                                    
     health  and  social  risks  of  marijuana  use  do  not                                                                    
     justify the  severity of some of  the consequences that                                                                    
     I have seen.                                                                                                               
                                                                                                                                
     2:47:16 PM                                                                                                               
                                                                                                                                
     I believe that the legal  risks of this legislation far                                                                    
     outweigh the health and social  risks of marijuana use.                                                                    
     With regards  to finding number two  which asserts that                                                                    
     marijuana   is   as    addictive   as   heroin:   human                                                                    
     epidemiological  data,  the   statistical  analysis  of                                                                    
     patterns of  use as  well as  the animal  research data                                                                    
     rank the addictive properties  of marijuana below those                                                                    
     of  tobacco,  alcohol,  cocaine  and  heroin.  Evidence                                                                    
     suggests that as  few as 10 percent  of individuals who                                                                    
     experiment  with  marijuana   become  daily  users  and                                                                    
     dependence   among  users   is  highest   for  tobacco,                                                                    
     followed   by  heroin,   cocaine,   and  then   finally                                                                    
     cannabis.                                                                                                                  
                                                                                                                                
     The data from animal studies  is also consistent with a                                                                    
     low addictive potential for cannabis.  It has been very                                                                    
     difficult to  demonstrate the positive  reinforcing and                                                                    
     dependence  producing   actions  of  THC,   the  active                                                                    
     ingredient  of   marijuana,  in  laboratory   tests  on                                                                    
     animals.  For the  most part  there are  three standard                                                                    
     techniques that  are used in  labs right now  to access                                                                    
     addictive potential and all three  of these have failed                                                                    
     to  show a  consistent positive  reinforcing affect  of                                                                    
     THC. While some authors  argue that these three decades                                                                    
     of   negative   findings   are  due   to   optimization                                                                    
     techniques  when  you  compare  it to  other  drugs  of                                                                    
     abuse,  the  other drugs  have  not  been difficult  to                                                                    
     optimize for animal studies.                                                                                               
                                                                                                                                
     The  apparently  low  addictive potential  of  cannabis                                                                    
     may, in part,  be due to the fact that  there is seldom                                                                    
     abstinence  syndrome  and this  may  be  due, in  part,                                                                    
     because THC  is stored  in fat  tissue and  then slowly                                                                    
     released.  The magnitude  of the  withdrawal effect  of                                                                    
     many  drugs is  proportional  to how  quickly they  are                                                                    
     eliminated from  the body.   THC goes to the  brain and                                                                    
     then  it is  redistributed  to the  fatty tissues  from                                                                    
     which it is slowly eliminated.                                                                                             
                                                                                                                                
     Overall,   given   the    epidemiological   data,   the                                                                    
     difficulty  in training  animals  to take  THC and  the                                                                    
     absence   of   pronounced  withdrawal   symptoms,   the                                                                    
     suggestion  that  marijuana  has  addictive  properties                                                                    
     similar to  heroin and other illegal  substances is not                                                                    
     warranted.                                                                                                                 
                                                                                                                                
     2:49:44 PM                                                                                                               
                                                                                                                                
     Regarding the use by children,  the 'gateway theory' of                                                                    
     adolescent drug use was first  proposed in 1975 and the                                                                    
     theory suggest  that adolescents typically  use tobacco                                                                    
     or  alcohol before  progressing  to illicit  substances                                                                    
     including marijuana. Cigarette  and alcohol progression                                                                    
     may continue  to marijuana, however the  most important                                                                    
     finding has been that the  cause of this progression is                                                                    
     unknown and the simplest  explanation that is discussed                                                                    
     in the  literature regarding this  observed progression                                                                    
     is that  early access to cannabis  may reduce perceived                                                                    
     barriers to  other illegal  drugs and  provide channels                                                                    
     to obtaining far more  addictive life threatening drugs                                                                    
     such    as    heroin    and    cocaine,    particularly                                                                    
     methamphetamine, which is my greatest concern.                                                                             
                                                                                                                                
     CHAIR DYSON asked Dr. Drew to summarize her testimony.                                                                     
                                                                                                                                
2:51:06 PM                                                                                                                    
                                                                                                                                
DR. DREW said:                                                                                                                  
                                                                                                                                
     As a  mother of a 14-year  old daughter, I want  her to                                                                    
     know  the  difference  between  risks  associated  with                                                                    
     marijuana and harder drugs that  are more addicting and                                                                    
     life  threatening  such  as  cocaine,  methamphetamine,                                                                    
     heroin,   and  even   the  poorly   defined  class   of                                                                    
     inhalants.                                                                                                                 
                                                                                                                                
     I want to say with regard  to the concern of one of the                                                                    
     findings with  regard to  the substances  in marijuana,                                                                    
     you  have  already  heard  about  the CB  1  and  CB  2                                                                    
     receptors  and most  recently there  has been  evidence                                                                    
     that marijuana  actually prevents some of  pathology of                                                                    
     Alzheimer's  disease by  activating of  CB 1  receptors                                                                    
     and that  occurs by inhibiting  the immune  response in                                                                    
     the brain.                                                                                                                 
                                                                                                                                
     I do know,  in summary and conclusion,  the bottom line                                                                    
     of  the evidence  does not  support the  assertion that                                                                    
     marijuana  poses   a  threat  to  public   health  that                                                                    
     justifies  prohibiting its  use and  possession in  the                                                                    
     state.  Issues regarding  access to  children, I  don't                                                                    
     think, warrant  further investigation. The  bottom line                                                                    
     is that  given the growing presence  of methamphetamine                                                                    
     in Alaska and certainly  in the Fairbanks community, my                                                                    
     professional opinion is that  it would be irresponsible                                                                    
     to put resources into  prosecuting marijuana users when                                                                    
     resources are  inadequate to responding to  the growing                                                                    
     threat  of   methamphetamine.  I   hope  that   you  as                                                                    
     legislators  can  look  beyond   a  moral  judgment  of                                                                    
     marijuana users and address the  more real health risks                                                                    
     associated with far more dangerous drugs.                                                                                  
                                                                                                                                
SENATOR OLSON asked Dr. Drew to tell him how much clinical                                                                      
experience she has throughout her academic carrier.                                                                             
                                                                                                                                
DR. DREW responded:                                                                                                             
                                                                                                                                
     I am not a clinician.  Physicians have trained me, both                                                                    
     my PhD  and advisor and post-doctoral  advisor were MD-                                                                    
     PhDs. All  of my training  and research, until  I moved                                                                    
     back to  Fairbanks, was done  at medical  colleges, but                                                                    
     my expertise  is in theory  and it relies  primarily on                                                                    
     animal studies.                                                                                                            
                                                                                                                                
SENATOR OLSON asked Dr. Drew whether she had done any studies on                                                                
the effects of marijuana on pregnant woman and developing                                                                       
fetuses or on the cardiovascular or immune system.                                                                              
                                                                                                                                
DR. DREW responded:                                                                                                             
                                                                                                                                
     I  haven't done  any  clinical research  and my  animal                                                                    
     studies  have  been  directed more  towards  addiction.                                                                    
     Right  now  my  focus  here  in  Alaska  is  on  nuero-                                                                    
     protection. We  study hibernation  and nuero-protection                                                                    
     so  I  am  familiar   particularly  with  some  of  the                                                                    
     protective  aspects and  for what  I  mentioned on  the                                                                    
     recent findings. This refers to  a January paper in the                                                                    
     Journal of  Medical Science, shows that  the canabinoid                                                                    
     THC  CB  1  and  CB  2  receptors  inhibit  Alzheimer's                                                                    
     pathology  in  an  animal  model.   That  is  a  really                                                                    
     significant finding  in terms of potential  therapy for                                                                    
     Alzheimer's disease.                                                                                                       
                                                                                                                                
SENATOR OLSON asked whether she knew anything about the T and B                                                                 
cell lymphocytes and whether they may or may not be impaired by                                                                 
THC.                                                                                                                            
                                                                                                                                
DR. DREW replied she has seen a few references to that, but she                                                                 
has not had time to review the pertinent literature.                                                                            
                                                                                                                                
2:54:55 PM                                                                                                                    
                                                                                                                                
DAVID FINKELSTEIN, Director of the 2004 Proposition 2 Campaign,                                                                 
said:                                                                                                                           
                                                                                                                                
     Clearly 44  percent of the public  favors legalization.                                                                    
     The initiative  that was  on the  ballot had  no limits                                                                    
     and it  was pretty much  a blanket legalization.   That                                                                    
     does  show significant  concerns. People  are concerned                                                                    
     about a  marijuana approach  that doesn't  have limits,                                                                    
     that  it obvious.  The polls  that we  and others  have                                                                    
     done show that  the majority also have  shown that they                                                                    
     do not  believe that adults should  be incarcerated for                                                                    
     possessing small amounts of marijuana.                                                                                     
                                                                                                                                
     I think  that those  two figures,  the poll  itself and                                                                    
     the actual results of the  election, show that there is                                                                    
     a  middle  ground.  I  believe  that  the  majority  of                                                                    
     Alaskans   support   establishing   limits   regulating                                                                    
     marijuana. The  productive approach  that I  think that                                                                    
     the  legislature could  use  in  this involves  dealing                                                                    
     more  with  the  issues affecting  under-age  Alaskans,                                                                    
     either  by  increasing   the  penalties  or  increasing                                                                    
     education.                                                                                                                 
                                                                                                                                
2:58:16 PM                                                                                                                    
                                                                                                                                
     The  Legislature could  apply the  penalties to  anyone                                                                    
     between 18  and 21,  which I do  not believe  that they                                                                    
     apply  to now.  The  medical marijuana  issue has  left                                                                    
     many Alaskans in a bad  place. Patients have qualified,                                                                    
     their  doctors  have  written the  recommendation,  but                                                                    
     they can't  necessarily get  their hands  on marijuana.                                                                    
     Some people can grow  it effectively, some can't. Those                                                                    
     people  ought to  have some  sort of  regulated way  to                                                                    
     obtain marijuana.                                                                                                          
                                                                                                                                
     The bottom  line of this  issue is what has  been going                                                                    
     on in  our state  in recent  years. Marijuana  in small                                                                    
     amounts  in the  home  has effectively  been legal  for                                                                    
     many years in Alaska. While  there was a statute on the                                                                    
     books  that  had  penalties in  place,  they  were  not                                                                    
     enforced to  any significant  degree. The  changes that                                                                    
     have occurred  as a  result of  the court  decisions of                                                                    
     2004 are mostly a level  of awareness that has changed.                                                                    
     There have  been a certain  number of headlines  on the                                                                    
     subject and now people are  more aware, but the fact of                                                                    
     the matter is  that we have been in  this situation for                                                                    
     quite  a while;  small amounts  of marijuana  have been                                                                    
     allowed in the  home under the right to  privacy of our                                                                    
     constitution.  Nobody has  presented any  evidence that                                                                    
     there has  been some  new emerging problem  that didn't                                                                    
     exist  previously  that  came  out  of  that.  I  would                                                                    
     encourage  the  committee   to  consider  a  regulation                                                                    
     approach to marijuana as a more productive endeavor.                                                                       
                                                                                                                                
3:00:23 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON said:                                                                                                               
                                                                                                                                
     I  worked  pretty  hard  on  medical  marijuana  and  I                                                                    
     remember working with you in  those days. I am a little                                                                    
     distressed to  find out that  those who have  a medical                                                                    
     need are having trouble  getting it and irrespective of                                                                    
     what happens  to this bill  I would  be glad to  have a                                                                    
     conversation with  you about how  we could make  what I                                                                    
     understood to be our intentions work.                                                                                      
                                                                                                                                
JIM WELCH, Anchorage, said:                                                                                                     
                                                                                                                                
     For  almost  twenty  years  now  I  have  had  multiple                                                                    
     sclerosis  (MS). MS  is a  disease that  short-circuits                                                                    
     nerve  pathways,   so  it  can  effect   anything  that                                                                    
     involves my nerve messages  getting through, whether it                                                                    
     be  the  functioning  of  a  limb  or  an  organ  or  a                                                                    
     sensation.  There  is  no  cure for  it  so  as  things                                                                    
     deteriorate,  doctors try  to treat  symptoms.   One of                                                                    
     the problems  with this, however,  is that many  of the                                                                    
     drugs  have side-affects  at least  as  primary as  the                                                                    
     affects.                                                                                                                   
                                                                                                                                
     Over  the years  I have  had to  try many  prescription                                                                    
     drugs  for many  of these  symptoms for  many different                                                                    
     reasons, usually  with very  limited success  and often                                                                    
     with  very  unpleasant  side-affects. In  1998,  I  was                                                                    
     active  in  the  campaign  to pass  the  initiative  to                                                                    
     legalize  medical marijuana.  I found  that for  two or                                                                    
     three years, marijuana was the  only thing that allowed                                                                    
     me to  get through  most nights without  racking muscle                                                                    
     spasms or headaches that would not allow me to sleep.                                                                      
                                                                                                                                
     I applaud  what the  Legislature has  tried to  do with                                                                    
     crystal methamphetamine.  That is  a drug that  I think                                                                    
     everyone  can agree  has  no  redeeming qualities,  but                                                                    
     further demonizing  marijuana is engaging in  the wrong                                                                    
     battle.   Comparing  marijuana   to   heroin  is   like                                                                    
     comparing  aspirin to  morphine. Saying  that marijuana                                                                    
     is  stronger  than it  was  in  the 70s  and  therefore                                                                    
     dangerous is  like saying Aleve is  more dangerous than                                                                    
     Tylenol since  you only have  to take one  pill instead                                                                    
     of two. To  me that seems like a good  thing because it                                                                    
     means that you have to put less smoke in your lungs.                                                                       
                                                                                                                                
     3:04:05 PM                                                                                                               
                                                                                                                                
     I have never  smoked tobacco and if I never  had to put                                                                    
     more smoke in my lungs or  take another drug in my life                                                                    
     that would be fine with me.  This is not the 40s era of                                                                    
     'Reefer Madness' or  even the Nancy Regan  80s of 'Just                                                                    
     Say  No'  It  is  the  21st century  and  in  the  last                                                                    
     election  44  percent  of Alaskans  voted  to  legalize                                                                    
     marijuana. You have  the power of the  majority to make                                                                    
     criminal penalties more severe, but  it would be a slap                                                                    
     in  the face  of a  very large  portion of  the Alaskan                                                                    
     populace  who believe  that marijuana  is okay  and who                                                                    
     just  a  few  years  before,  voted  by  a  substantial                                                                    
     majority to legalize the use of medical marijuana.                                                                         
                                                                                                                                
     I  don't  know why  the  Governor  has chosen  to  make                                                                    
     marijuana the bad boy of  his drug campaign. It doesn't                                                                    
     make any sense to me. I  know that it is not addictive.                                                                    
     I  smoked  marijuana several  times  a  week for  three                                                                    
     years and when  it was no longer  effective, I stopped.                                                                    
     I  experienced  no  withdrawal, no  craving,  no  side-                                                                    
     affects, no problems. Unlike tobacco  or alcohol no one                                                                    
     has ever  died from  marijuana. I  would argue  that at                                                                    
     worst  it is  innocuous  and  at best  it  is has  some                                                                    
     significant medical benefits.                                                                                              
                                                                                                                                
     As far as the purported  connection to violence, anyone                                                                    
     who  has ever  used  marijuana knows  that its  effects                                                                    
     last only  a few hours  whereas it can be  detected for                                                                    
     as long as thirty days after  it has been used. That is                                                                    
     like  issuing a  DWI to  somebody  who drank  a beer  a                                                                    
     month before. In  the last world cup  soccer matches in                                                                    
     Portugal,  security checked  all persons  and all  bags                                                                    
     being  brought  into  the   stadium.  Any  alcohol  was                                                                    
     immediately seized but all the  marijuana found was not                                                                    
     even confiscated. That tells  you what kind of behavior                                                                    
     the  people in  charge  of security  felt would  result                                                                    
     from  people   using  marijuana.  They   worried  about                                                                    
     notoriously rowdy  soccer fans  using alcohol,  but not                                                                    
     the ones using marijuana.                                                                                                  
                                                                                                                                
     3:06:10 PM                                                                                                               
                                                                                                                                
     I have no illusion or  intention to make you proponents                                                                    
     of  legalizing marijuana.  That  is not  even an  issue                                                                    
     before  you. I  do ask  you however,  to recognize  the                                                                    
     folly  of harsher  criminalization penalties.  It means                                                                    
     putting  more non-violent  offenders  in jail,  putting                                                                    
     more  time  and  the  other limited  resources  of  our                                                                    
     police  into what  amounts  to a  low  priority use  of                                                                    
     their efforts. I  ask how to put  your drug enforcement                                                                    
     resources  towards  addressing something  like  crystal                                                                    
     methamphetamine.  Fighting   marijuana  is   the  wrong                                                                    
     battle in any  war on drugs. You have  bigger issues to                                                                    
     deal with.                                                                                                                 
                                                                                                                                
SENATOR  OLSON  asked  Mr. Welsh  whether  medical  marijuana  is                                                               
becoming more difficult to obtain.                                                                                              
                                                                                                                                
MR. WELSH agreed it is  becoming more difficult to obtain medical                                                               
marijuana. He said while he  discontinued using medical marijuana                                                               
when  his symptoms  became  so severe  that it  no  longer had  a                                                               
affect, he has heard several people  tell him that it is becoming                                                               
increasingly difficult to  obtain medical marijuana prescriptions                                                               
as well as the drug itself.                                                                                                     
                                                                                                                                
SENATOR  OLSON asked  Mr. Welsh  what drugs  he is  using at  the                                                               
present time.                                                                                                                   
                                                                                                                                
MR. WELSH said he  has tried a series of drugs  over the last two                                                               
years   to  accommodate   his  leg   spasms  and   general  pain:                                                               
Hydrocodons, Telcmaxite  (now). He  has tried several  drugs that                                                               
don't work. He tried resterols  that allowed him to sleep through                                                               
the night and them made him a zombie for the rest of the day.                                                                   
                                                                                                                                
3:09:23 PM                                                                                                                    
                                                                                                                                
BEN CLAYTON JR., said:                                                                                                          
                                                                                                                                
     I come to  address you today out of  concern for recent                                                                    
     actions taken  which propose  to restrict,  rather than                                                                    
     expand,  personal freedoms.  I denounce  this intrusion                                                                    
     for what  it plainly  is an  end-run attempt  to neuter                                                                    
     the robust freedom of liberty  that accrues to me as an                                                                    
     Alaskan  citizen  by  the constitution  of  the  United                                                                    
     States  and is  amplified  by the  constitution of  the                                                                    
     State  of  Alaska.  While  I am  not  an  attorney,  my                                                                    
     rudimentary  understanding of  Ravin is  that I,  as an                                                                    
     Alaskan  citizen,  am  guaranteed  not  just  the  same                                                                    
     rights to privacy as any  other citizen of the country,                                                                    
     but a greater freedom from governmental intrusion.                                                                         
                                                                                                                                
     I am  deeply concerned with my  country's direction and                                                                    
     feel compelled  to say so  publicly. As I have  said in                                                                    
     the  past, it  is important  to  stand up  for what  is                                                                    
     right even  if you  find yourself standing  alone. This                                                                    
     may  be an  appropriate  time to  remind everyone  that                                                                    
     Proposition  2  last fall  was  supported  by over  125                                                                    
     thousand   Alaskan   voters,   which  by   any   count,                                                                    
     represents a substantial constituency.                                                                                     
                                                                                                                                
     3:11:42 PM                                                                                                               
                                                                                                                                
     When asked  by friends  and associates why  I supported                                                                    
     proposition 2  to decriminalize personal  possession of                                                                    
     marijuana  by   adults,  I  respond  in   this  manner:                                                                    
     Observation number  one: our present system  is broken,                                                                    
     it  is easier  for a  kid in  high-school to  buy drugs                                                                    
     than a six pack of beer.                                                                                                   
                                                                                                                                
     Observation  two:  prohibition  has never  worked.  The                                                                    
     23rd Amendment prohibiting  alcohol was, in retrospect,                                                                    
     a  noble experiment.  Well-meaning  people attempted  a                                                                    
     thing  which many  believed in  their hearts  be to  be                                                                    
     best for the common good.  What it actually amounted to                                                                    
     was a  war on individual freedom.  Fourteen years later                                                                    
     people  grew  weary of  the  rise  of organized  crime;                                                                    
     citizens  were   dismayed  over   the  rise   of  urban                                                                    
     violence.  Gangs were  machine-gunning one  another and                                                                    
     the occasional  innocent bystander with  such frequency                                                                    
     that everyone decided that change was imperative.                                                                          
                                                                                                                                
     3:13:05 PM                                                                                                               
                                                                                                                                
     Then, as now, the federal,  state and local police were                                                                    
     swamped, pretending to enforce  a law, which simply did                                                                    
     not enjoy  popular support.  People were  being killed,                                                                    
     tax  money  was  squandered, courts  were  packed  with                                                                    
     cases  that  shouldn't have  been  there  in the  first                                                                    
     place, prisons  grew over-crowded, more were  built and                                                                    
     they soon became inadequate to  house the guilty. Today                                                                    
     in America a greater population  is in jail than in any                                                                    
     other  nation  in the  world.    The parallels  between                                                                    
     these  two   policies  are  broadly   demonstrable  and                                                                    
     undeniable.  Where is the  pragmatic voice of reason to                                                                    
     lead us?                                                                                                                   
                                                                                                                                
     Observation number three:  no one can vote  on my civil                                                                    
     rights. The  proposition that the majority  can dictate                                                                    
     freedoms guaranteed by  the courts to a  minority is on                                                                    
     one  hand laughable  and  absurd, on  the  other it  is                                                                    
     alarming  and  frightening.   The  division  of  powers                                                                    
     obligates  the court  to, if  I  may paraphrase  Thomas                                                                    
     Jefferson, "Protect  the minority  from the  tyranny of                                                                    
     the  majority".  Using  the  logic  of  this  train  of                                                                    
     thought  would imply  that after  the  war between  the                                                                    
     states, if the  majority of voters in a  state voted to                                                                    
     allow  slavery, it  would be  allowed, as  if the  13th                                                                    
     Amendment held no sway. This  concept flies in the face                                                                    
     of the phrase "A nation of laws."                                                                                          
                                                                                                                                
     Observation  four: repeating  an action  over and  over                                                                    
     and expecting a  different outcome is a  sign of mental                                                                    
     illness. I know  an 18-year-old man who  had his future                                                                    
     irreparably  harmed by  this neo-Puritanism,  which has                                                                    
     gripped our nation. He was  an Eagle Scout, a member of                                                                    
     the ROTC, an  honor student at a local  high school. He                                                                    
     was  caught  with  will  less   than  a  half  gram  of                                                                    
     marijuana.  This man,  rather than  pursuing a  college                                                                    
     degree and becoming a contributor  to society, had lost                                                                    
     his  scholarship and  a potentially  promising military                                                                    
     carrier and  found himself  seeking life,  liberty, and                                                                    
     the pursuit happiness in a  sub-minimum wage job in the                                                                    
     fast food industry.                                                                                                        
                                                                                                                                
     Everyone  has his  or her  own favorite  constitutional                                                                    
     right. My favorite is the  9th Amendment conserving the                                                                    
     rights not given  the government to the  people. I love                                                                    
     this   community,  my   state  and   country  and   the                                                                    
     philosophies upon  which they are founded.  As proud as                                                                    
     I am to  live in the home of the  brave, the only thing                                                                    
     that makes it worthwhile is  our tireless effort to see                                                                    
     that it remains the land of the free.                                                                                      
                                                                                                                                
3:16:35 PM                                                                                                                    
                                                                                                                                
MR. MCLOUD-BALL advised Dr. Less Iverson, Professor or                                                                          
Pharmacology at the University at Oxford, England was unable to                                                                 
testify but has given a written statement:                                                                                      
                                                                                                                                
     I feel that the statements  in SB 74 give an inaccurate                                                                    
     picture of  the scientific  data about marijuana  and I                                                                    
     conclude   that  the   medical  risk   associated  with                                                                    
     marijuana use  do not equate  to those of  harder drugs                                                                    
     such as  those of  heroin and cocaine  or amphetamines.                                                                    
     In my view marijuana is  a relatively safe drug and its                                                                    
     use does less  medical and social harm  than alcohol or                                                                    
     tobacco.                                                                                                                   
                                                                                                                                
Doctor John Morgan, author of the book "Marijuana Myths,                                                                      
Marijuana Facts," was going to testify today but was unable to                                                                
do so.                                                                                                                          
                                                                                                                                
MR. MACLEOD-BALL summarized:                                                                                                    
                                                                                                                                
     Most studies that  you see will agree that  there is no                                                                    
     significant accumulation of  evidence that marijuana is                                                                    
     any more  harmful today than  it was in the  1970's. We                                                                    
     think that  the evidence  that has been  submitted does                                                                    
     not  support the  findings that  are  presented as  the                                                                    
     preamble  to  this   bill  and  we  ask   you  to  make                                                                    
     appropriate adjustments.                                                                                                   
                                                                                                                                
MR. PARKER said:                                                                                                                
                                                                                                                                
     The findings  that pass out  of this committee  will go                                                                    
     before  the Supreme  Court eventually  and will  be the                                                                    
     legislature's  scientific  statement  on  marijuana  in                                                                    
     Alaskan today.  I urge you  to consider  very carefully                                                                    
     whether those 18  or 19 findings are each  backed up by                                                                    
     the testimony that you have  heard and if they are not,                                                                    
     do not  advance them because  they will wind  up before                                                                    
     the courts.                                                                                                                
                                                                                                                                
3:20:10 PM                                                                                                                    
                                                                                                                                
MR. GUANELI, Chief Assistant Attorney General with the Criminal                                                                 
Division of the Department of Law (DOL), said:                                                                                  
                                                                                                                                
     This  morning I  was  in a  meeting  in the  Governor's                                                                    
     Office with representatives from  the City of Kotzebue,                                                                    
     Chief of Staff of  the Commissioner of Corrections, the                                                                    
     Governor,  himself, and  Senator  Olson.  Al Adams  was                                                                    
     there representing  the Kotzebue area and  the Governor                                                                    
     asked him,  we where  talking about law  enforcement in                                                                    
     Kotzebue,  about whether  the communities  were wet  or                                                                    
     dry  or damp  and how  things  were going  in terms  of                                                                    
     alcohol  addiction and  Al Adams  said.  You know,  the                                                                    
     real problem now in our area is marijuana.                                                                                 
                                                                                                                                
     What  Al  Adams  said   was  completely  unprompted,  I                                                                    
     haven't  talked  to Al  Adams  in  a couple  of  years,                                                                    
     really rang true  to me because it matches  up with the                                                                    
     studies that  which Christy  Willard from  the Division                                                                    
     of Behavioral  Health talked about, the  study from the                                                                    
     North West  Artic Borough of middle  school students in                                                                    
     which  10 percent  had started  using marijuana  before                                                                    
     the age of 11. Corresponding  studies in other areas in                                                                    
     the  state show  a much  higher rate  of marijuana  use                                                                    
     among  young people,  among  Alaska  Natives, by  young                                                                    
     Alaska  Natives   and  in  listening  to   all  of  the                                                                    
     testimony today,  I come  away with  the idea  that the                                                                    
     whole notion  of use  by our youth  and use  by Alaskan                                                                    
     Natives is really getting short-shrift.   I didn't hear                                                                    
     anybody talk about use by  Alaska Natives today but the                                                                    
     evidence is  that it  is much higher  than use  by non-                                                                    
     natives.                                                                                                                   
                                                                                                                                
     I really  wonder if they  are missing the point  of the                                                                    
     Governor's  bill, which  is to  focus  on the  emerging                                                                    
     problems.   David Finkelstein said 'I  haven't seen any                                                                    
     emerging problems  with marijuana  since the  70s, that                                                                    
     was his  testimony just a  few minutes ago and  yet, we                                                                    
     have a situation where kids  are using at a younger and                                                                    
     younger  age.  Alaska Natives  are  using  at a  higher                                                                    
     rate.                                                                                                                      
                                                                                                                                
     Lieutenant  Story said  that because  of problems  with                                                                    
     the court decision, the Crocker  Decision that makes it                                                                    
     more  difficult to  stop  marijuana  growing, there  is                                                                    
     more  of a  supply on  the  market in  Alaska and  that                                                                    
     means that there  is more marijuana going  out to rural                                                                    
     communities.    So  those  who say  that  there  is  no                                                                    
     emerging problem  with marijuana  that it really  is no                                                                    
     more  harmful than  it  was  in the  70s,  I think  are                                                                    
     missing the boat.                                                                                                          
                                                                                                                                
     MR. MURRAY  from the  Drug Czar's  office said  that in                                                                    
     the last  few years  we have  come to  know a  lot more                                                                    
     about the adolescent brain and  its effects. The Office                                                                    
     of National Intelligence Center  came out with a little                                                                    
     brochure  that   Mr.  Hogan,   from  the   Division  of                                                                    
     Behavioral Health gave me last  week and it's all about                                                                    
     marijuana!  It  says  that 40  percent  of  high-school                                                                    
     students  have  tried  it  and  it  lists  other  drugs                                                                    
     compared  to   lesser  percentages.  Six   percent  use                                                                    
     steroids, 3 percent use heroin.  It goes on to say that                                                                    
     the evidence  now shows that  a very low  percentage of                                                                    
     the people who  first use marijuana over the  age of 18                                                                    
     become dependant  on the drug.   However 13  percent of                                                                    
     people who first use marijuana  when they are below the                                                                    
     age of 14 become dependant  on the drug. There was only                                                                    
     one mention of this study  in my own hometown newspaper                                                                    
     and it did not concern  marijuana, it was in the sports                                                                    
     page and it was titled  "High-school Steroid Use on the                                                                  
     Rise", this says 6 percent  of high school students use                                                                  
     steroids and that  is what gets reported.  I think that                                                                    
     part of  it is  the media  doesn't want  to acknowledge                                                                    
     that  there  is this  problem,  but  I think  that  the                                                                    
     evidence has shown that there really is a problem.                                                                         
                                                                                                                                
     Dr. Grinspoon recommended that  if the committee adopts                                                                    
     the finding,  it ought to annotate  those findings with                                                                    
     specific  evidence in  the record  that  the state  has                                                                    
     provided.  We, in  fact,  have done  that  and we  have                                                                    
     given  you another  half inch  of materials.  The first                                                                    
     portion of  that goes through  the findings one  by one                                                                    
     and annotates  which particular  study supports  all of                                                                    
     the studies  findings. Frankly,  I am  comfortable with                                                                    
     all of them.  I think that we could  probably write the                                                                    
     one  about comparing  it to  heroin addiction  slightly                                                                    
     differently, but  I am  certainly comfortable  with all                                                                    
     of them.                                                                                                                   
                                                                                                                                
     In  reading the  Ravin decision  by the  Alaska Supreme                                                                    
     Court,  the  court  members presiding  over  the  Ravin                                                                    
     decision made  it very clear  that they view  their job                                                                    
     not  to weight  the competing  scientific evidence  the                                                                    
     way  the legislature  does. If  you  read the  opinion,                                                                    
     they say that  they cite other court  opinions that say                                                                    
     that. But  in Ravin  they had  no choice  because there                                                                    
     was no legislative record.                                                                                                 
                                                                                                                                
CHAIR DYSON said it is his intention to review all of the                                                                       
information provided to the committee in consideration of the                                                                   
significance of authenticating the findings.                                                                                    
                                                                                                                                
3:26:17 PM                                                                                                                    
                                                                                                                                
SENATOR WILKEN moved to report SB 74 from committee with                                                                        
individual recommendations and attached fiscal notes.                                                                           
                                                                                                                                
SENATOR ELTON objected and said:                                                                                                
                                                                                                                                
     There are some things that  I have struggled with as we                                                                    
     have  worked  with  this  bill and  I  think  that  Mr.                                                                    
     Guaneli has attempted to make  a very good argument for                                                                    
     the  bill  and  I  find myself  at  times,  wanting  to                                                                    
     believe even  though I  question some  of the  data. He                                                                    
     has focused a  lot on use and I am  trying to correlate                                                                    
     use with  possible impacts on public  health and public                                                                    
     safety.  That is  where  a  lot of  the  data has  been                                                                    
     coming  from  and  quite  frankly,  in  the  battle  of                                                                    
     dueling experts, I  am finding that those  that are pro                                                                    
     this approach  are using  much more  anecdotal evidence                                                                    
     than scientific evidence.                                                                                                  
                                                                                                                                
     The findings  sections bother me  a lot and  maybe they                                                                    
     bother me  for the wrong  reason, but, if I  go through                                                                    
     most of the  19 points in the findings  section, I find                                                                    
     that   if  I   substitute   the   word  'alcohol'   for                                                                    
     'marijuana'   I  make   a  more   compelling  case   to                                                                    
     criminalize  alcohol than  I  do  marijuana, given  the                                                                    
     studies that we know about  alcohol. Now I am not going                                                                    
     to   argue   for   criminalizing  alcohol.   We   tried                                                                    
     prohibition and it didn't work,  but I don't think that                                                                    
     a  lot of  those findings  convince me  that we  should                                                                    
     recriminalize marijuana.                                                                                                   
                                                                                                                                
     Finally,  the  thing that  really  bothers  me is  that                                                                    
     given  the  evidence  that  we  have  gotten  from  the                                                                    
     scientific   community,  the   law  enforcement,   from                                                                    
     prosecutors,  from   people  from  the   department  of                                                                    
     transportation,  the  thing  that bothers  me  are  the                                                                    
     fiscal  notes.  We  have  a  fiscal  note  from  public                                                                    
     defenders  saying   that  there   is  going  to   be  a                                                                    
     substantial cost if  this bill is passed.  Now, I don't                                                                    
     know if that  is true or not, but I  suspect that there                                                                    
     will  be an  additional  cost on  the public  defenders                                                                    
     side.  I find  it unbelievable  that there  will be  no                                                                    
     cost on the law enforcement or the prosecution side.                                                                       
                                                                                                                                
     3:30:02 PM                                                                                                               
                                                                                                                                
     If we  are to believe them,  the only thing that  I can                                                                    
     assume   is   that,    without   additional   financial                                                                    
     resources,  we   are  going  to   diverting  additional                                                                    
     resources from other law  enforcement issues. For those                                                                    
     reasons I object  to the movement of this  bill. I also                                                                    
     want to  wrap up by  saying that, given the  nature and                                                                    
     the  volume of  the  studies that  we  have gotten,  it                                                                    
     probably  would take  an  awful lot  longer  for us  as                                                                    
     members of  the HESS panel  to sort through  things and                                                                    
     find out which evidence is most compelling.                                                                                
                                                                                                                                
CHAIR DYSON asked for a roll call vote. Senator Wilken, Senator                                                                 
Green, Senator Olson and Chair Dyson voted yea. Senator Elton                                                                   
voted nay and SB 74 passed from committee.                                                                                      
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Dyson at adjourned the meeting 3:31:39 PM.                                                                              

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