Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/10/2018 09:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SJR1|| SB127|| HB214 | |
| SJR14 | |
| HJR21 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 14 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| + | HB 44 | TELECONFERENCED | |
HJR 21-FEDS RESPECT STATE REG OF MARIJUANA
9:09:12 AM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HJR 21. [SSHJR 21 is before the committee and
this is the first hearing.]
9:10:15 AM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature,
Juneau, Alaska, sponsor, stated that HJR 21 addresses the
conflict between federal statutes dealing with marijuana and the
state's constitution. He advised that he would review each
clause of the resolution similar to a sectional analysis.
The first "WHEREAS" talks about the right of privacy under the
Constitution of the State of Alaska.
The second "WHEREAS" talks about the Alaska Supreme Court Ravin
decision.
The third "WHEREAS" talks about Ballot Measure No. 2 that passed
on November 4, 2014.
The fourth "WHEREAS" talks about the rescinded Cole memo, which
was a pragmatic approach to deal with the conflict between
federal law and states that have legalized the use of both
recreational and medical marijuana.
The fifth "WHEREAS" talks about the state regulations that
respect and support the federal priorities listed in the Cole
memo.
The sixth "WHEREAS" talks about the American Medical Association
urging the federal government to reevaluate listing marijuana as
a schedule I controlled substance.
The seventh WHEREAS" talks about the letter Alaska Attorney
General Jahna Lindemuth sent to U.S. Attorney General Jeff
Sessions regarding the federal government's marijuana
enforcement policies.
The eighth "WHEREAS" talks about asking the U.S. Congress to
allow states that have legalized medical or recreational use of
marijuana to address the conflict in the banking system.
The ninth "WHEREAS" talks about the letter governors from
Alaska, Colorado, Washington, and Oregon sent urging U.S.
Attorney General Jeff Sessions and U.S. Secretary of the
Treasury Steve Mnuchin to engage with states that have legalized
marijuana before embarking on changes to the federal regulatory
and enforcement systems.
The tenth "WHEREAS" talks about the letters Governor Walker sent
to U.S. Attorney General Jeff Sessions urging the federal
government to maintain policies that respect the state's
regulatory authority regarding state-licensed marijuana
businesses.
The eleventh "WHEREAS" talks about the letter Senators Lisa
Murkowski and Dan Sullivan, along with 14 other senators, sent
to the director of the U.S. Department of the Treasury's
Financial Crimes Enforcement Network expressing continuing
support for guidance on the banking system.
He opined that what to do with the cash from these businesses
has become a major conflict and exposes the entire process to
crime.
The twelfth "WHEREAS" talks about H.R. 4779 that U.S.
Representative Don Young is cosponsoring, which would prohibit
the U.S. Justice Department from using federal funds to act
against individuals or property involved in the cultivation,
distribution, possession, dispensation, or use of cannabis as
long as those activities are in compliance with state and local
regulations.
The final "WHEREAS" asks U.S. Attorney General Jeff Sessions not
to use federal policy to undermine federal policies.
The first resolve talks about the Alaska State Legislature
urging the federal government to respect the authority of the
State of Alaska to regulate marijuana.
The second resolve talks about the Alaska State Legislature
urging the federal government to reconsider listing marijuana as
a federal schedule I controlled substance.
REPRESENTATIVE GUTTENBERG explained that Assistant Attorney
General Cole authored a memo that said the federal government
will not come after states that have legalized medical or
recreational marijuana if they have set up a regulatory
framework that prioritizes the federal marijuana enforcement
objectives listed in the WHEREAS" at the top of page 2.
Rescinding that memo returns things to a dysfunctional system,
he said.
REPRESENTATIVE GUTTENBERG summarized that HJR 21 urges the
federal government to respect the state's authority to regulate
marijuana and to reconsider listing marijuana as a schedule I
controlled substance.
9:17:51 AM
CHAIR COGHILL shared his view that the Cole memo scoffed at the
law trying to give some comfort to the states whose laws were in
tension with the federal government. He said he may disagree
with the sponsor's approach, but the final analysis that the
state is moving on and the federal government should move with
it is totally appropriate.
He thanked the sponsor and committed to work together on any
changes. He held HJR 21 in committee for future consideration.
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