Legislature(2005 - 2006)BUTROVICH 205

04/12/2006 02:45 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
*+ SB 313 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE TELECONFERENCED
Moved SB 313 Out of Committee
+= SB 48 PSYCH. EVALUATION/TREATMENT FOR STUDENTS TELECONFERENCED
Moved CSSB 48(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 313-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE                                                                     
                                                                                                                                
CHAIR DYSON announced SB 313 to be up for consideration.                                                                        
                                                                                                                                
DAVE STANCLIFF,  staff to Senator Therriault,  sponsor, said that                                                               
salvia   divinorum   (salvia)   is  the   most   potent   natural                                                               
hallucinogenic substance known  to exist on the planet.   He said                                                               
that although  the Mazatec Indians  who originally used  the drug                                                               
were able  to keep  it a  secret until  very recently,  there are                                                               
currently over 10,000  web sites about the drug  today. While the                                                               
drug is legal in all but  two states, seven countries have placed                                                               
strict controls on it or banned it outright.                                                                                    
                                                                                                                                
He  said  that  only  200  micrograms  of  salvia  can  induce  a                                                               
hallucinogenic  state and  500 micrograms  can  induce a  serious                                                               
loss  of  mental and  physical  capacity.    He added  that  some                                                               
experienced  users of  salvia have  testified to  having horrible                                                               
experiences with the drug and  have discouraged others from using                                                               
the drug to achieve their first hallucinogenic experience.                                                                      
                                                                                                                                
2:52:58 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON  asked whether  the Department  of Health  and Social                                                               
Services (DHSS) has commented on the bill.                                                                                      
                                                                                                                                
MR. STANCLIFF  replied that  DHSS has not  yet commented  on this                                                               
bill.                                                                                                                           
                                                                                                                                
2:55:02 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON said  he would have to consult DHSS  before acting on                                                               
the bill.                                                                                                                       
                                                                                                                                
2:56:50 PM                                                                                                                    
                                                                                                                                
SENATOR ELTON referenced a recent  news article from the Delaware                                                               
News Journal  claiming that research  on salvia's effects  on the                                                               
brain  might help  scientists  to  better understand  Alzheimer's                                                               
disease  and other  forms of  organic mental  illness.   He asked                                                               
whether criminalizing Salvia would interfere with that research.                                                                
                                                                                                                                
MR. STANCLIFF replied that it would not.                                                                                        
                                                                                                                                
SENATOR OLSON asked what the active ingredient in salvia is.                                                                    
                                                                                                                                
MR. STANCLIFF  replied that it  contains two  active ingredients,                                                               
salvinorum A and  salvinorum B.  He added  that the concentration                                                               
of the  active ingredients could be  increased by a factor  of 20                                                               
to 40 by soaking the leaves in an alcohol bath.                                                                                 
                                                                                                                                
2:58:08 PM                                                                                                                    
                                                                                                                                
SENATOR  OLSON  asked  whether   metabolites  or  other  chemical                                                               
compounds would be affected by this legislation.                                                                                
                                                                                                                                
MR. STANCLIFF replied  no. This drug does not seem  to affect the                                                               
metabolism the same way as  mescaline and LSD. It interferes with                                                               
different receptors that affect in the way the brain operates.                                                                  
                                                                                                                                
SENATOR OLSON  asked whether this legislation  would increase the                                                               
burden on  the medical community by  affecting similar legitimate                                                               
drugs.                                                                                                                          
                                                                                                                                
2:59:33 PM                                                                                                                    
                                                                                                                                
JACK DEGENSTEIN, Anchorage resident  read a statement saying that                                                               
making savlia  divinorum an illegal  substance is  not warranted.                                                               
It is  not a threat  to Alaskan  society. However, this  bill, if                                                               
passed into  law, would be a  threat to the freedoms  of American                                                               
citizens.                                                                                                                       
                                                                                                                                
He related  how un-factual  media articles  and rumors  have lead                                                               
uninformed  people   to  believe  that  salvia   divinorum  is  a                                                               
dangerous  plant and  might cause  someone to  commit suicide  or                                                               
become depressed. A report by a Dr. Hains indicated that a 26-                                                                  
year-old woman found relief from  depression only by taking self-                                                               
medicated does of salvia divinorum.                                                                                             
                                                                                                                                
He said further that Senator  Therriault is quoted as saying that                                                               
salvia divinorum is believed to  cause schizophrenia, but that is                                                               
absurd because its cause is not  known and is linked to a genetic                                                               
brain deformity  that develops  from birth.  It is  possible that                                                               
the  intensity  of  the  experience  of  salvia  divinorum  could                                                               
trigger it, but  no more than any intense  emotional or stressful                                                               
experience.                                                                                                                     
                                                                                                                                
3:04:11 PM                                                                                                                    
                                                                                                                                
MR. DEGENSTEIN  said that  no long-term affects  are known  to be                                                               
caused by  salvia divinorum.  Its toxicity level  is very  low or                                                               
possibly even non-existent and the body easily metabolizes it.                                                                  
                                                                                                                                
A survey of 500 random participants  who use the plant found that                                                               
the average age  of the users was 23.4 years  old and the average                                                               
use  within a  30-day period  was  1.5 times.   This  information                                                               
demonstrates  that there  is a  much  wider user  base than  just                                                               
youth and that it  is not a substance that is  used over and over                                                               
for recreation such  as other things like  alcohol and marijuana.                                                               
It also doesn't taste good.                                                                                                     
                                                                                                                                
3:07:43PM                                                                                                                     
                                                                                                                                
MR. DEGENSTEIN  remarked that while  the bill may reduce  the use                                                               
of salvia within the youth  community, it would infringe upon the                                                               
liberty of older, more responsible  users.  There are other, less                                                               
intrusive ways of  reducing recreational use of the  drug such as                                                               
banning the sale it or the sale of its extract.                                                                                 
                                                                                                                                
CHAIR DYSON  asked him to  describe non-recreational uses  of the                                                               
drug.                                                                                                                           
                                                                                                                                
MR. DEGENSTEIN replied that some use it for spiritual purposes.                                                                 
                                                                                                                                
CHAIR  DYSON  asked  him  if  he  has  information  from  medical                                                               
professionals  to  support  the  claim  that  this  drug  is  not                                                               
dangerous to the general population.                                                                                            
                                                                                                                                
MR. DEGENSTEIN replied  that he included three  references in his                                                               
written  statement  and added  that  much  of the  aforementioned                                                               
information is available  on the web at  Pubmed's central website                                                               
and at Sage Wisdome.org.                                                                                                        
                                                                                                                                
SENATOR WILKEN asked  him if he had read page  3 of the Wikipedia                                                               
article in the background information that accompanied the bill.                                                                
                                                                                                                                
MR. DEGENSTEIN replied that he had read it.                                                                                     
                                                                                                                                
SENATOR  WILKEN  asked  whether anything  would  prevent  someone                                                               
under its influence from attempting to drive a car.                                                                             
                                                                                                                                
MR. DEGENSTEIN  replied that  while there  is nothing  that would                                                               
prevent someone  from attempting  to operate a  car, the  drug is                                                               
unlike alcohol  in that it  does not remove inhibitions.   People                                                               
under  the  influence of  salvia  divinorum  know that  they  are                                                               
unable to safely operate a vehicle.                                                                                             
                                                                                                                                
SENATOR  WILKEN said  according to  the entry,  low doses  of the                                                               
drug could cause spontaneous laughter,  closed eye visuals, and a                                                               
heightened sense  of color and  texture.  Moderate doses  cause a                                                               
sense  of  time  distortion,  open  eye  visuals,  sensations  of                                                               
falling,  fully  formed  visions  of  other  places,  people  and                                                               
events,  and  confusion.    High  doses can  cause  out  of  body                                                               
experiences,   gravitational  distortion,   vertigo,  and   audio                                                               
hallucinations. So,  he was particularly  concerned when  he read                                                               
that a person  will not realize that they have  used the drug and                                                               
asked whether it is unreasonable  to place restrictions on a drug                                                               
with such affects.                                                                                                              
                                                                                                                                
MR. DEGENSTEIN responded:                                                                                                       
                                                                                                                                
      It is true that at higher doses the user does forget                                                                      
      that they have taken the drug, but also forget that                                                                       
     they are  a person and  wouldn't be able  to comprehend                                                                    
     things such  as driving  a car.   That  is part  of the                                                                    
     primary effect, the amnesia.   They wear off in five to                                                                    
     seven minutes  and then you  know what is going  on, so                                                                    
     the amnesia is very short-term.                                                                                            
                                                                                                                                
3:14:04 PM                                                                                                                    
                                                                                                                                
SENATOR WILKEN said that he finds the drug to be rather scary.                                                                  
                                                                                                                                
CHAIR DYSON said  that he would like to hear  the opinion of DHSS                                                               
on this legislation.                                                                                                            
                                                                                                                                
MR. STANCLIFF replied that he would consult with DHSS.                                                                          
                                                                                                                                
SENATOR  WILKEN moved  to report  SB  313 out  of committee  with                                                               
individual recommendations and attached fiscal notes.                                                                           
                                                                                                                                
SENATOR  ELTON  objected  to  relate  a  comment.    He  said  he                                                               
understood Chair Dyson  to say that the sponsor  would report the                                                               
response of DHSS to the committee.                                                                                              
                                                                                                                                
CHAIR DYSON replied  that is correct and added that  if DHSS does                                                               
not concur with the action of  the sponsor, he would ask that the                                                               
bill be brought back to the committee.                                                                                          
                                                                                                                                
SENATOR ELTON removed his objection.                                                                                            
                                                                                                                                
There were  no further  objections and SB  313 was  reported from                                                               
committee.                                                                                                                      

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