Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/05/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY TELECONFERENCED
Heard & Held
+= SB 108 LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS TELECONFERENCED
Moved CSSB 108(JUD) Out of Committee
*+ SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 171 MULTIDISCIPLINARY CHILD PROTECTION TEAMS
Moved CSSB 171(JUD) Out of Committee
                     SB 173-SYNTHETIC DRUGS                                                                                 
                                                                                                                                
1:55:57 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  173. "An  Act                                                               
relating  to  a prohibition  on  the  offer, display,  marketing,                                                               
advertising for sale,  or sale of illicit  synthetic drugs." This                                                               
was  the   first  hearing.  He   noted  the   proposed  committee                                                               
substitute, Version N.                                                                                                          
                                                                                                                                
He welcomed Senator Egan to the committee.                                                                                      
                                                                                                                                
1:56:37 PM                                                                                                                    
SENATOR DYSON moved to adopt  CS for SB 173, labeled 28-LS1242\N,                                                               
as the working document.                                                                                                        
                                                                                                                                
CHAIR COGHILL objected for purposes of an explanation.                                                                          
                                                                                                                                
SENATOR KEVIN  MEYER, Alaska  State Legislature,  Juneau, Alaska,                                                               
sponsor of SB  173, deferred to his staff to  explain the changes                                                               
found in the committee substitute.                                                                                              
                                                                                                                                
1:57:34 PM                                                                                                                    
EDRA  MORLEDGE,  Staff,  Senator  Kevin  Meyer,  highlighted  the                                                               
changes between  the new CS and  Version A for SB  173. The first                                                               
change, found  on page  3, lines  16-25, changes  the enforcement                                                               
agency from the  Department of Health and  Social Services (DHSS)                                                               
to the  Department of  Public Safety and  identifies DHSS  as the                                                               
cooperating agency. The reasoning is  that it is more appropriate                                                               
for  DPS to  address  this  because it's  a  violation and  civil                                                               
infraction. The next  change found on page 3,  line 21, clarifies                                                               
that the  penalty for violation of  this statute is a  $500 fine.                                                               
The  next  change, found  on  page  3,  line 29,  eliminates  the                                                               
definition  of  "department"  as  the Department  of  Health  and                                                               
Social Services (DHSS).  The final change, found on  page 4, line                                                               
10-16, clarifies that DHSS shall cooperate with DPS.                                                                            
                                                                                                                                
1:59:50 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if the definition  of synthetic drugs                                                               
would include nicotine for e-cigarettes.                                                                                        
                                                                                                                                
MS. MORLEDGE  said she  didn't know  but there  is an  FDA ruling                                                               
that  nicotine falls  under the  Homeopathic Pharmacopeia  of the                                                               
United States, which  is included in the  statutory definition of                                                               
"drug."                                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI noted  that Wasilla  just rejected  similar                                                               
legislation  and   questioned  whether  it  should   be  left  to                                                               
individual communities to decide.                                                                                               
                                                                                                                                
SENATOR  MEYER  said  he  believes   that  these  substances  are                                                               
dangerous enough to  warrant a statewide policy. He  said he also                                                               
believes that the Wasilla Assembly  will have a different outcome                                                               
when it votes again.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked for  clarification that this ordinance                                                               
is already on the books in Anchorage.                                                                                           
                                                                                                                                
SENATOR MEYER said that's correct.                                                                                              
                                                                                                                                
2:02:49 PM                                                                                                                    
SENATOR  DYSON   expressed  appreciation  for  the   balance  the                                                               
legislation strikes.                                                                                                            
                                                                                                                                
SENATOR  MEYER  refreshed  the committee's  recollection  of  the                                                               
bill,  speaking to  the  following  sponsor statement:  {Original                                                               
punctuation provided.]                                                                                                          
                                                                                                                                
      SB 173 intends to help solve the problem of the ever                                                                      
        changing chemical make-up of synthetic drugs by                                                                         
     targeting the  packaging of the  product, and  is aimed                                                                    
     not at  what the  illicit drug is,  but what  it isn't.                                                                    
     According  to the  National  Institute  on Drug  Abuse,                                                                    
     labels on these products  often claim that they contain                                                                    
     "natural" psycho-active  material taken from  a variety                                                                    
     of plants.  Sold at  smoke shops,  and gas  stations as                                                                    
     "incense"   or  "potpourri,"   easy   access  and   the                                                                    
     misperception  that these  products  are "natural"  and                                                                    
     therefore  harmless, have  likely contributed  to their                                                                    
     popularity. SB 173  will make it illegal  to sell these                                                                    
     designer   drugs   that   are  packaged   as   "spice,"                                                                    
     "potpourri," or a variety of other misleading labels.                                                                      
     Senate  Bill 173  would  prohibit  the offer,  display,                                                                    
     marketing,  advertising for  sale, or  sale of  illicit                                                                    
     synthetic  drugs.  The  Legislature  has  made  several                                                                    
     attempts  to  prohibit  the use  of  synthetic  illicit                                                                    
     drugs by  classifying certain known  chemical compounds                                                                    
     as  controlled  substances. Unfortunately,  what  we're                                                                    
     seeing as a  result of this and similar  efforts by the                                                                    
     federal  government,   is  that   manufacturers  simply                                                                    
     change  the chemical  compound  slightly, thus  evading                                                                    
     law enforcement efforts.                                                                                                   
                                                                                                                                
     With the  passage of  SB 173,  it will  be considerably                                                                    
     more  difficult, if  not impossible,  for  the sale  or                                                                    
     distribution  of these  synthetic illicit  drugs state-                                                                    
     wide.                                                                                                                      
                                                                                                                                
He  pointed  out  that  this  is a  civil  rather  than  criminal                                                               
penalty, so  it doesn't  overload the courts.  In the  short time                                                               
the ordinance has  been in effect in Anchorage,  the results have                                                               
been very positive, he said.                                                                                                    
                                                                                                                                
2:08:13 PM                                                                                                                    
CHAIR COGHILL asked  what duties the Department  of Public Safety                                                               
and  the Department  of Health  and Social  Services (DHSS)  each                                                               
would carry out.                                                                                                                
                                                                                                                                
SENATOR MEYER  said originally DHSS  was asked to  do enforcement                                                               
because  they  are statutorily  involved  with  labeling, but  he                                                               
determined that (DPS) was more appropriate to do enforcement.                                                                   
                                                                                                                                
2:09:13 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if there was a  conscience effort not                                                               
to include possession or manufacture.                                                                                           
                                                                                                                                
MS.  MORLEDGE explained  that criminal  statute AS  11.73 already                                                               
imposes a class  C felony penalty for  the manufacture, delivery,                                                               
possession,  or   possession  with  the  intent   to  deliver  an                                                               
imitation controlled substance.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  observed that possession or  manufacture is                                                               
a felony but  selling the same imitation  controlled substance is                                                               
a $500 fine.                                                                                                                    
                                                                                                                                
MS.  MORLEDGE agreed  that is  how the  existing statute  and the                                                               
proposed legislation are crafted.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  said the Department  of Law  would probably                                                               
have  something to  say because  they're  always concerned  about                                                               
lesser  included  offenses.  Having possession  of  an  imitation                                                               
controlled  substance in  a store  seems to  imply ownership  and                                                               
this legislation  essentially reduces the penalty  to $500, which                                                               
may or may not be something the legislature wants to do.                                                                        
                                                                                                                                
SENATOR MEYER said he chose this route to provide flexibility.                                                                  
                                                                                                                                
CHAIR COGHILL  expressed interest in hearing  from the Department                                                               
of Law at the next hearing.                                                                                                     
                                                                                                                                
2:11:55 PM                                                                                                                    
SENATOR OLSON  asked how  the bill affects  the situation  in his                                                               
district where residents order these products over the Internet.                                                                
                                                                                                                                
SENATOR MEYER  said Internet purchases are  federal jurisdiction,                                                               
but VPSOs  have the same  authority as police officers  and could                                                               
issue the $500 citation per package.                                                                                            
                                                                                                                                
2:13:17 PM                                                                                                                    
SENATOR  WIELECHOWSKI   pointed  out  inconsistencies   with  the                                                               
definition  of synthetic  drug in  Section 1,  paragraph (2).  He                                                               
also  expressed   concern  that   the  more   general  definition                                                               
criminalizes things like synthetic caffeine.                                                                                    
                                                                                                                                
SENATOR  MEYER said  he  thought  about that  and  there is  some                                                               
concern, but the  reality is that the police  won't cite somebody                                                               
for  possessing  or  using synthetic  caffeine.  He  opined  that                                                               
they'll instead  go after items  that are harmful to  society and                                                               
cause a public nuisance.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  responded that  he's always  cautious about                                                               
giving police  discretion to arrest  someone when  lawmakers have                                                               
an opportunity to provide clarity.                                                                                              
                                                                                                                                
CHAIR COGHILL  commented that the  flexibility in this  law could                                                               
result in  a claim of harassment,  but the opposing view  is that                                                               
this could be a worthwhile tool.                                                                                                
                                                                                                                                
SENATOR MEYER agreed it is a delicate balance.                                                                                  
                                                                                                                                
CHAIR  COGHILL commented  on the  cultural discussion  associated                                                               
with the marijuana initiative.                                                                                                  
                                                                                                                                
SENATOR DYSON maintained  that a lot of due  process is available                                                               
to anyone who is charged under this legislation.                                                                                
                                                                                                                                
2:18:46 PM                                                                                                                    
CHAIR COGHILL  announced he  would hold SB  173 in  committee for                                                               
further consideration.                                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
SB 173 ADN Article 2.8.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 2.4.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 1.22.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 - Anchorage Ordinance.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 - Alaska Dispatch Article 1.10.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 Sponsor Statement.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
Legal Memo 2.10.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 12.18.13.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
Fiscal Note - University.pdf SJUD 3/5/2014 1:30:00 PM
SB 176
Written Testimony - OVR #2.pdf SJUD 3/5/2014 1:30:00 PM
SB 108