Legislature(1999 - 2000)
01/24/2000 01:44 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 3-DRUGS: POSSESSION OF LISTED CHEMICALS
REPRESENTATIVE BRICE, sponsor of HB 3, stated that methamphetamine
(METH) is a drug that is easily cooked using accessible chemicals.
METH is known as "speed," "crank" and "ice" and is made from
sudafed. The manufacturing process is volatile and dangerous
because of the type of chemicals used, causing a tremendous health
risk for the public and the manufacturer. Improper hygiene while
manufacturing is also a public health risk. The police are having
to send the chemicals to labs for specific identification before
they can make an arrest. This legislation would allow the police
to make an arrest at the scene of the crime.
MR. GERALD P. LUCKHAUPT, legal counsel, explained the bill creates
a new class of chemical that would be identified as essential in
the manufacturing of METH and are usually legal to possess. If
persons possess these chemicals with the intent to manufacture
METH, the penalties are increased. The penalty is now a Class B
felony and would increase to Class A--because of the danger and
because of the cleanup costs.
Section 4 provides for the regulation of over-the-counter drugs.
Normally, these drugs are not regulated by the state and
possession is not a crime, but possession with the intent to
manufacture an illegal drug would now be illegal in Alaska.
Section 5 identifies the chemicals essential for the manufacture of
METH. These chemicals are all identified in federal law. Federal
law makes it illegal to possess these chemicals without fulfilling
the regulatory requirements--paperwork must be completed by the
wholesaler and client before purchasing these chemicals.
Number 563
REPRESENTATIVE BRICE stated that many of the chemicals used in the
production of METH come from "cold remedies," and the intent of
this legislation is not to make these products illegal unless they
are used for making METH.
CHAIRMAN TAYLOR asked if there was an objective standard within
this legislation concerning intent.
MR. LUCKHAUPT answered that intent would be determined by
possession of the listed chemicals, glassware, cookbooks, and by
statements made when renting or when obtaining the ingredients. It
would be similar to the way agents make their cases now.
CHAIRMAN TAYLOR asked if Alaska was behind other states in passing
this type of legislation.
MR. LUCKHAUPT responded that 20 to 25 states have this legislation
and a few states have more expansive laws. The registration
process is somewhat problematic, the benefits of registration
have to be weighed against the costs imposed on business.
CHAIRMAN TAYLOR asked if the registration process was for
businesses that have to report the sale of chemicals.
MR. LUCKHAUPT responded yes. The registration process is now used
through the federal registry.
SENATOR TORGERSON asked if the list of chemicals in this
legislation was the same as the federal list.
MR. LUCKHAUPT answered the federal government identifies List 1 and
List 2 chemicals. Possession of List 1 chemicals, with the intent
to manufacture, provides for a higher penalty than a List 2
chemical. This legislation combines List 1 and 2 chemicals and
adds a few others.
SENATOR TORGERSON was worried about a regulation that would come
out of this legislation putting restrictions on the manufacture of
common substances such as "salt."
Number 1068
MR. LUCKHAUPT responded the "salt" being referenced to in the bill
is not table salt.
SENATOR TORGERSON answered that the section starts with "any salt"
and possibly that term should be deleted.
MR. LUCKHAUPT responded that he would not do that because the
nature of the chemical can be changed easily by just removing
water. "Salt" is a term used when chemicals have been reduced down
to a lesser state. This term is used because the original chemical
can be altered in such a way that it is no longer the same.
Number 1230
NANCY BUKAR, state government counsel for Consumer Health Care
Products Assn., responded that her organization has worked closely
with Representative Brice and they are pleased to see the
amendments they suggested incorporated into the bill. This bill is
similar to legislation in 18 other states, and allows over-the-
counter (OTC) products to be available to the consumer, while
penalizing those who poses OTC products for the manufacture of
METH. Her organization supports the bill in its current version.
SENATOR ELLIS thanked Representative Brice for introducing this
legislation and commented that this is an issue of great importance
to his district.
CHAIRMAN TAYLOR commented that he also supports the legislation.
SENATOR ELLIS moved to pass CSHB 3(JUD)am on to its next committee
of referral. With no objection, the motion carried.
Number 1453
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