Legislature(2007 - 2008)BUTROVICH 205

03/19/2007 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SCR 4 PUBLIC HEALTH AND HEALTH COMPACT TELECONFERENCED
Moved CSSCR 4(HES) Out of Committee
*+ SB 38 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE TELECONFERENCED
Moved SB 38 Out of Committee
*+ SB 100 SUBSTANCE ABUSE/MENTAL HEALTH PROGRAMS TELECONFERENCED
Moved SB 100 Out of Committee
        SB  38-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE                                                                     
                                                                                                                                
2:51:04 PM                                                                                                                    
CHAIR BETTYE DAVIS announced SB 38 to be up for consideration.                                                                  
                                                                                                                                
DAVE STANCLIFF,  staff to Senator  Therriault, sponsor of  SB 38,                                                               
said  that the  bill would  add Salvia  divinorum to  the state's                                                               
list  of controlled  substances. It's  the most  potent naturally                                                               
occurring  hallucinogenic  substance  on the  planet;  there  are                                                               
groups  on both  sides of  the issue  of classification,  and Mr.                                                               
Stancliff cited testimony from users.  Alaska is considered to be                                                               
a "green-light" state  for shipping of the  substance, meaning it                                                               
can  be   easily  obtained  over   the  internet   without  legal                                                               
ramifications. It  has gained popularity  as a  legal alternative                                                               
to marijuana,  and many young  people have access to  it. Studies                                                               
indicate that  the use  of it  is rising,  while the  internet is                                                               
making  it very  easy to  find.  The state  crime lab  is in  the                                                               
process of  creating a way to  identify the presence of  the drug                                                               
in a user's  system. SB 38 will  send a message to  all using the                                                               
drug that it's  a substance that is  unpredictable, powerful, and                                                               
dangerous, while allowing it to  remain prescribeable for medical                                                               
reasons. He added that the  drug is currently available in Juneau                                                               
and online;  he showed print-outs  from the internet  showing the                                                               
prevalence of Salvia divinorum information on the internet.                                                                     
                                                                                                                                
2:59:21 PM                                                                                                                    
                                                                                                                                
SENATOR COWDERY asked if the drug is a plant.                                                                                   
                                                                                                                                
MR.  STANCLIFF said  that it's  a plant  grown in  Mexico, and  a                                                               
member  of  the sage  genus;  there's  no  blood or  breath  test                                                               
available for  the drug. The main  purpose of the bill  is to act                                                               
as a disincentive to people shipping it to Alaska.                                                                              
                                                                                                                                
SENATOR COWDERY asked about the effects of the drug.                                                                            
                                                                                                                                
MR. STANCLIFF  said that according  to online research,  the drug                                                               
causes hallucinations  and a state  of uncontrolled  delirium. It                                                               
would  be  dangerous  to  operate   a  motor  vehicle  under  the                                                               
influence.                                                                                                                      
                                                                                                                                
3:02:03 PM                                                                                                                    
                                                                                                                                
JACK  HURD, analyst  for the  Alaska  Scientific Crime  Detection                                                               
Laboratory,  said that  he  was available  for  questions on  the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR DYSON asked if people  are victimized under the influence                                                               
of the drug.                                                                                                                    
                                                                                                                                
MR. STANCLIFF said that that would be possible.                                                                                 
                                                                                                                                
SENATOR DYSON asked  how many other states  have criminalized the                                                               
drug.                                                                                                                           
                                                                                                                                
MR. STANCLIFF said that four states  have banned it, and at least                                                               
seven countries have banned it or control it heavily.                                                                           
                                                                                                                                
3:03:25 PM                                                                                                                    
                                                                                                                                
SENATOR ELTON  asked if the  state crime laboratory  is currently                                                               
developing  tests  for identification  in  a  person's body,  and                                                               
asked if there are costs incurred by the process.                                                                               
                                                                                                                                
MR. HURD said that the costs would be negligible.                                                                               
                                                                                                                                
SENATOR ELTON asked if the drug is federally banned.                                                                            
                                                                                                                                
MR.  STANCLIFF  said that  the  DEA  has  not  placed it  on  its                                                               
controlled  substance  list,  although there  have  been  several                                                               
measures before Congress to begin that action.                                                                                  
                                                                                                                                
3:05:06 PM                                                                                                                    
                                                                                                                                
JACK DEGENSTEIN,  with the Alaskan  Libertarian Party,  said that                                                               
he's  studied  the  plant  for  the  last  four  years,  and  the                                                               
information in  the sponsor  statement is skewed.   He  said that                                                               
the news on  the drug has changed to become  more pejorative over                                                               
time, and  that facts  often cited  about the case  of a  kid who                                                               
committed suicide under the influence were not clearly used.                                                                    
                                                                                                                                
He explained that Salvia divinorum  is not a similar substance to                                                               
LSD  or  marijuana.  The  bill proposes  to  keep  children  from                                                               
accessing  the plant,  but since  it's federally  legal it  can't                                                               
ever  become totally  illegal in  Alaska.   Other substances  are                                                               
more dangerous  than Salvia divinorum, which  doesn't cause brain                                                               
damage. If Salvia is made illegal,  it will simply be replaced by                                                               
something else.  It will only  make criminals out  of law-abiding                                                               
citizens, and people  using it irresponsibly will  continue to do                                                               
so.  Vendors have  said that  they  will continue  sending it  to                                                               
Alaska despite a state ban, so the bill will be pointless.                                                                      
                                                                                                                                
He explained  how the drug  has been found to  relieve depression                                                               
where  other substances  have failed.  Recent studies  have shown                                                               
that  it relieves  cocaine and  opium addiction  in rats;  if the                                                               
plant is made  illegal in the state,  research possibilities will                                                               
be limited. The  drug is non-toxic even  with prolonged exposure,                                                               
and shows  promise in addiction  help; the bill would  be harmful                                                               
to those  wishing to  cease their addictions.  The bill  could be                                                               
altered  to allow  for older  individuals to  receive the  plant;                                                               
Maine is attempting to make it  legal for those 18 and older, but                                                               
a felony for  provision to underage kids. The people  who want to                                                               
use the plant responsibly shouldn't be punished.                                                                                
                                                                                                                                
SENATOR COWDERY asked if the testifier had used the drug.                                                                       
                                                                                                                                
MR. DEGENSTEIN said that he had, 4 months previously.                                                                           
                                                                                                                                
SENATOR COWDERY asked how he found the plant.                                                                                   
                                                                                                                                
MR.  DEGENSTEIN replied  that he  ordered a  live plant  over the                                                               
internet.                                                                                                                       
                                                                                                                                
DAVIS said that  there were some concerns about the  bill but she                                                               
thought  it should  be allowed  to move  through the  system. She                                                               
then asked the will of the body.                                                                                                
                                                                                                                                
SENATOR  COWDERY  moved  to  report SB  38  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
CHAIR  DAVIS, seeing  no further  business before  the committee,                                                               
adjourned the meeting at 3:16:47 PM.                                                                                          

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