Legislature(1993 - 1994)
02/09/1994 09:15 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN announces the committee will switch to SB 220 (ADD "CAT" TO SCHEDULE IIA DRUG LIST) while Sergeant Crawford is on the teleconference. The chairman announces the committee now has a quorum and is no longer in worksession. Number 157 SENATOR ELLIS says SB 220 would amend the controlled substances list for the State of Alaska by including the substance methcathinone, also known as "cat". Senator Ellis claims the drug is more addictive than heroin, more powerful than cocaine, and easy, inexpensive, and extremely profitable to produce. Senator Ellis states there is a committee substitute before the committee in the bill packet that he hopes the committee will consider. The committee substitute eliminates ephedrone from the original bill. The correct word is actually ephedrine, which is a common drug and a precursor to methcathinone. The other change in the cs is changing methcathinone from schedule IIA to schedule IA, to be in sync with the federal law regarding methcathinone. Number 201 CHAIRMAN LEMAN recalls the "designer drug" legislation from a past session and wonders if there is some generic way to name and cover these future drugs. Number 220 SENATOR ELLIS said the "designer drug" legislation came into his mind also, when he heard about methcathinone. However, he checked with the Department of Law and the State Crime Lab and they both said methcathinone was not criminalized by existing statute. Number 231 CHAIRMAN LEMAN restates he wasn't trying to think of a generic way to describe methcathinone so much as a generic way to outlaw drugs that will be developed in the future. Number 237 SENATOR ELLIS does not know if doing something like that would cause a problem with the court system: to be so vague and generic, and perhaps the legislature cannot criminalize a substance that doesn't yet exist. There is a balance that must be struck. Number 241 CHAIRMAN LEMAN states the committee will change on page 1, line 1, in the title, IIA to IA; delete ephedrone (should actually read ephedrine) from page 1, line 7, and change the site in statute in which this law would occur. The chairman asks Ms. Knuth where SB 220 should be placed in statute. Number 254 MARGO KNUTH, Assistant Attorney General, Department of Law, Criminal Division, states the department supports SB 220. Since SB 220 was introduced, the department has discovered that methcathinone is classified on the federal schedule as a class IA substance. The Department of Law thinks IA is an appropriate classification for methcathinone. Ms. Knuth notes for the committee that the statutory change should be to AS 11.71.140 (c) (82). There are three different listings within AS 11.71.140. They are subsections (b), (c), and (d). Ms. Knuth believes SB 220 would fall under subsection (c), but she will verify that with the State Crime Lab. Number 271 CHAIRMAN LEMAN adds that a conceptual amendment could be made, simply stating that the language in SB 220 be placed in the appropriate subsection in statute. Number 276 MS. KNUTH comments that with respect to the broader question regarding how the legislature could anticipate new drugs, the federal government has proposed model legislation that tries to do a better job of anticipating new controlled substances. She states it is a complex, technical problem and thinks working with some of the potential solutions would be a good project for the interim. Ms. Knuth says it is fortuitous SB 220 has a good chance of passing the legislature before methcathinone becomes a serious problem in Alaska. She thinks it is a very bad drug for several reasons: it is cheap, it is easy to manufacture, and the violence level associated with users is frightening. Number 294 CHAIRMAN LEMAN asks Ms. Knuth if she has any comment on deleting the word ephedrone (ephedrine) on line 7 in SB 220, or does she think it is just a technical deletion. Number 297 MS. KNUTH states listing ephedrone (ephedrine) in SB 220 is inappropriate, since it is a precursor to methcathinone. Number 301 SENATOR ELLIS moves the amendments to SB 220, the amendments being to delete the word ephedrone (ephedrine) on page 1, line 7; on page 1, line 5 to change the site in which the legislation would appear in statute from AS 11.71.150 (b) to AS 11.71.140 (c) (82), or what ever the appropriate site may be; page 1, line 1, changing schedule IIA to schedule IA. Number 314 CHAIRMAN LEMAN asks if there are any objections to the amendments. Hearing none, he orders the bill to be amended as noted above. The chairman asks if Sergeant Crawford would like to testify on SB 220. Number 319 SERGEANT RANDY CRAWFORD, Alaska State Troopers, testifying from Anchorage, says he would like to work with the legislature on a precursor bill which would address ephedrone (ephedrine) and other drugs that are precursors to designer drugs. Currently the troopers have no way to prohibit large quantities of those substances from being shipped into the state, other than some federal regulations which apply. Sergeant Crawford also believes methcathinone should properly be classified as a schedule IA controlled substance. Number 330 CHAIRMAN LEMAN thanks Sergeant Crawford for his testimony and asks if there is anyone else wishing to testify on SB 220. Hearing none, the chairman asks if Senator Ellis wishes to move the bill. Number 335 SENATOR ELLIS makes a motion to discharge SB 220 as amended from the Senate State Affairs Committee with individual recommendations. Number 338 CHAIRMAN LEMAN, hearing no objections, orders SB 220 discharged from committee with individual recommendations.
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