Legislature(2005 - 2006)BUTROVICH 205
03/29/2005 10:30 AM JUDICIARY
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SB 106-SALE OF METHAMPHETAMINE AND PRECURSORS 11:21:04 AM CHAIR RALPH SEEKINS announced SB 106 to be up for consideration. 11:21:21 AM SENATOR GRETCHEN GUESS introduced a committee substitute (CS). SENATOR GENE THERRIAULT moved to adopt Version \I. Hearing no objections, the motion carried. SENATOR GUESS explained the changes within the CS. The intent of SB 106 is to crack down on people who buy ingredients for cooking methamphetamines (meth) without inhibiting people who are legitimate users of the ingredients. Section 1 adds possession and delivery of the makings of meth. A new Section 5 is added to explain the slight difference between organic and non-organic solution. Section 2 clarifies that possession of more than nine grams of Sudafed is prima facie evidence of intention to make meth. There is an exemption for people with a valid prescription. 11:23:54 AM SENATOR THERRIAULT asked the amount of nine grams of Sudafed. SENATOR GUESS explained nine grams would be equivalent to 375 pills. 11:24:54 AM SENATOR GUESS continued Section 4 identifies the chemicals used to create meth. Section 5 discusses dispensing and the identification check, and it adds a local option avenue for mandatory reporting. 11:26:39 AM SENATOR GUESS explained SB 106 allows for lodge owners to purchase a case of Sudafed for summer clients without creating undue suspicion. 11:29:14 AM SENATOR GUESS advised the committee she is working with the drafter to address the issue of putting ingredient products behind the counter and also the issue of keeping the logbook. 11:32:05 AM SENATOR THERRIAULT asked about the availability of government issued identification in rural areas. SENATOR GUESS advised she would research and get back to the committee. SENATOR HOLLIS FRENCH made a comment regarding mail order to rural areas. CHAIR SEEKINS expressed an affinity against putting retailers in jeopardy. 11:35:46 AM SENATOR FRENCH said Oklahoma has proven restriction of meth ingredients provides a handle on the meth problem. However, he agreed that lawful use of the ingredients should be protected. 11:37:05 AM CHAIR SEEKINS expressed a preference for a second indicator in order to have prima facie evidence. 11:39:25 AM SENATOR THERRIAULT asked Senator Guess the problems Alaska should anticipate with SB 106. SENATOR GUESS indicated she did not know of any. CHAIR SEEKINS wondered whether a person could order Sudafed online. SENATOR GUESS specified the supplier would have to check identification and keep a log. 11:41:53 AM MR. PAUL CARR, Police chief, North Slope Borough, testified in support of SB 106. He contended meth is an epidemic and the use of it is causing crime to escalate. He said he is familiar with the use of Sudafed reduction in the making of meth. SENATOR FRENCH asked Mr. Carr if they were busting meth labs or seeing an increase in meth-related crimes. MR. CARR said they have not busted a lab yet but have heard it is being made locally. 11:43:51 AM MR. PAUL HOLLAND testified in support of SB 106. Meth labs are a large problem in Fairbanks. 11:48:37 AM MR. BARRY CHRISTENSON, Alaska Pharmacists Association, testified in support of SB 106. He said limiting single source ingredients such as Sudafed greatly limits the problem. Combination products are hard to cook down into meth. 11:51:05 AM SENATOR FRENCH asked for an example of a combination product. MR. CHRISTENSEN responded Tylenol Cold or Comtrex. SENATOR CHARLIE HUGGINS asked Mr. Christensen his opinion of people obtaining supplies from outside the state. MR. CHRISTENSEN said he would prefer to see a federal law since the states are setting laws differently. Oklahoma has gone the extreme by making the purchase of Sudafed a pharmacy-only transaction, which is not geographically practical for Alaskans. Stores who monitor the selling of ingredients are negatively affecting the creation of meth labs. Sudafed is still available online at this point. 11:53:43 AM CHAIR SEEKINS held SB 106 in committee.