Legislature(2005 - 2006)BUTROVICH 205

03/29/2005 10:30 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved CSSB 67(JUD) Out of Committee
         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                                                               
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                                                               
SENATOR  HOLLIS FRENCH  made a  comment regarding  mail order  to                                                               
rural areas.                                                                                                                    
CHAIR SEEKINS expressed an affinity  against putting retailers in                                                               
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                                                               
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.                                                                                         

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