Legislature(2005 - 2006)BUTROVICH 205

04/22/2006 09:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 04/20/06 --
+= SB 316 COURT REVIEW OF STRANDED GAS DECISION TELECONFERENCED
Heard & Held
+= SB 313 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE TELECONFERENCED
Moved CSSB 313(JUD) Out of Committee
+= SB 48 PSYCH. EVALUATION/TREATMENT FOR STUDENTS TELECONFERENCED
Moved CSSB 48(HES) Out of Committee
+= HB 446 PENALTY FOR UNLAWFUL TRADE PRACTICE TELECONFERENCED
Moved CSHB 446(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 313-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE                                                                     
                                                                                                                                
9:44:48 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 313 to be up for consideration.                                                                
                                                                                                                                
SENATOR  GENE THERRIAULT  asked  Dave Stancliff  to introduce  SB
313.                                                                                                                            
                                                                                                                                
DAVE  STANCLIFF,  Staff  to Senator  Therriault,  introduced  the                                                               
bill.  Salvia  divinorum  is  a   very  powerful  substance  used                                                               
primarily by  the Mazatec  Indians for  the purpose  of obtaining                                                               
spiritual visions. It is the  most potent hallucinogenic material                                                               
known to man  and due to a proliferation of  Internet sales, this                                                               
substance is  now being  sold in stores  in Alaska.  Purveyors of                                                               
the substance give grave warnings  about its use. The sponsor has                                                               
several   letters  of   support   for  the   bill  from   varying                                                               
departments,  including  the  Department  of  Health  and  Social                                                               
Services.                                                                                                                       
                                                                                                                                
9:47:44 AM                                                                                                                    
Studies  have  shown that  people  predisposed  to depression  or                                                               
schizophrenia  can  be tipped  further  in  that direction  after                                                               
using  Salvia. There  are long-term  effects such  as flashbacks.                                                               
After consumption  of the substance  the high can last  for hours                                                               
and the effects  can last for days. Salvia  divinorum is enjoying                                                               
a rise in  use due to the lack of  restrictions on the substance.                                                               
Alaska should stay ahead of the game  and add this to the list of                                                               
Schedule II illegal drugs.                                                                                                      
                                                                                                                                
9:50:24 AM                                                                                                                    
SENATOR GRETCHEN GUESS asked whether  someone who needed it would                                                               
be able to still get the drug if the bill were to pass.                                                                         
                                                                                                                                
MR. STANCLIFF stated yes with  permission from a doctor. It would                                                               
also be able to be legally used for scientific study.                                                                           
                                                                                                                                
SENATOR  THERRIAULT  moved  version  G as  the  working  document                                                               
before the committee. Hearing no objections, the motion carried.                                                                
                                                                                                                                
SENATOR  HOLLIS  FRENCH  asked  the  penalty  for  possession  of                                                               
Schedule II drugs.                                                                                                              
                                                                                                                                
MR. STANCLIFF said  it depends on whether the  possession is near                                                               
a school ground or other  different considerations. The committee                                                               
should  know  is  that  it  can't be  grown  from  seeds.  It  is                                                               
primarily grown in Mexico, California and Hawaii.                                                                               
                                                                                                                                
SENATOR FRENCH asked what the  penalty would be for buying Salvia                                                               
divinorum.                                                                                                                      
                                                                                                                                
MR. STANCLIFF  said it  would be  the same  as it  is for  LSD or                                                               
cocaine, which is a class C felony.                                                                                             
                                                                                                                                
9:53:14 AM                                                                                                                    
CHAIR SEEKINS called for public testimony.                                                                                      
                                                                                                                                
JACK DEGANSTEIN, Anchorage, testified  in opposition to the bill.                                                               
He asserted  that Salvia divinorum  was not a dangerous  drug. He                                                               
contended that  the substance was  not a  problem and said  it is                                                               
primarily used  in a responsible  manner. He said the  facts have                                                               
been  distorted and  he has  never seen  evidence that  it causes                                                               
depression. The effects are more  in the manner of providing hope                                                               
and enlightenment, he stated.                                                                                                   
                                                                                                                                
9:57:27 AM                                                                                                                    
CHAIR  SEEKINS  asked  Mr.  Deganstein whether  it  was  safe  to                                                               
operate a car while using the drug.                                                                                             
                                                                                                                                
MR.  DEGENSTEIN  reported  it  would  be  impossible  to  operate                                                               
equipment.                                                                                                                      
                                                                                                                                
CHRIS  BEHEIM, Supervisor,  Alaska  State Crime  Lab, offered  to                                                               
answer  questions. He  said he  has been  working on  obtaining a                                                               
sample of  the ingredient so that  he can do a  chemical analysis                                                               
of the substance.                                                                                                               
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  THERRIAULT  noted drug  dealers  do  currently not  sell                                                               
Salvia divinorum because it is  readily available to purchase. He                                                               
said the  committee should add the  drug to the list  of Schedule                                                               
II drugs.                                                                                                                       
                                                                                                                                
10:03:15 AM                                                                                                                   
SENATOR CHARLIE HUGGINS expressed support  for the bill. He moved                                                               
CSSB 313(JUD) from committee  with individual recommendations and                                                               
attached fiscal notes. Hearing no objection, the motion carried.                                                                

Document Name Date/Time Subjects