Legislature(1999 - 2000)
05/03/1999 05:08 PM House HES
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL
SERVICES STANDING COMMITTEE
May 3, 1999
5:08 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Co-Chair
Representative John Coghill, Co-Chair
Representative Joe Green
Representative Carl Morgan
Representative Allen Kemplen
MEMBERS ABSENT
Representative Jim Whitaker
Representative Tom Brice
COMMITTEE CALENDAR
* HOUSE BILL NO. 213
"An Act relating to the medical use of marijuana; and providing for
an effective date."
- HEARD AND HELD
(* First public hearing)
PREVIOUS ACTION
BILL: HB 213
SHORT TITLE: MEDICAL USE OF MARIJUANA
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES
Jrn-Date Jrn-Page Action
4/27/99 1026 (H) READ THE FIRST TIME - REFERRAL(S)
4/27/99 1027 (H) HES, JUD
5/03/99 (H) HES AT 5:00 PM CAPITOL 106
WITNESS REGISTER
MICHAEL PAULEY, Legislative Assistant
for Senator Loren Leman
Alaska State Legislature
Capitol Building, Room 123
Juneau, Alaska 99801
Telephone: (907) 465-3841
POSITION STATEMENT: Presented HB 213.
GLORIA DITE-BRAACHTEN
Box 1025
Talkeetna, Alaska 99676
Telephone: not provided
POSITION STATEMENT: Testified on HB 213.
MARK CHRYSON, Chairman
Alaskan Independence Party
2140 Wolverine Circle
Wasilla, Alaska 99654
Telephone: (907) 376-8385
POSITION STATEMENT: Testified on HB 213.
ACTION NARRATIVE
RONALD L. BROWN
333 North Flower Street
Anchorage, Alaska 99508
Telephone: (907) 274-1452
POSITION STATEMENT: Testified that HB 213 is an invasion
of privacy.
BRUCE KRAFT
P.O. Box 4498
Palmer, Alaska 99645
Telephone: (907) 745-6198
POSITION STATEMENT: Testified against HB 213.
TOM WHITSTINE
HC04, Box 3477
Palmer, Alaska 99645
Telephone: (907) 745-2036
POSITION STATEMENT: Testified that the marijuana initiative
should be given a chance to work.
MICHAEL BARNES
814 B Lake Louise
Kodiak, Alaska 99615
Telephone: (907) 487-2768
POSITION STATEMENT: Testified that the marijuana initiative
should be given a chance to work.
CATHLEEN ROLPH
P.O. Box 2943
Soldotna, Alaska 99669
Telephone: (907) 262-4561
POSITION STATEMENT: Testified against the added requirements of
HB 213.
CINDY RAE HUTCHENS
Route 1, Box 94-A
Kenai, Alaska 99611
Telephone: (907) 283-4724
POSITION STATEMENT: Testified against registration of
medical marijuana users.
NATALIE RINGLAND
50016 Forest Glen
Kenai, Alaska 99611
Telephone: (907) 776-5834
POSITION STATEMENT: Testified against registration of
medical marijuana users.
MIKE MILLIGAN
SR 9121
Kodiak, Alaska 99615
Telephone: (907) 487-4402
POSITION STATEMENT: Testified on HB 213.
RICHARD OLSON
64615 Star Court
Homer, Alaska 99603
Telephone: (907) 235-6202
POSITION STATEMENT: Testified against HB 213.
JULIE CESARINI
P.O. Box 812
Homer, Alaska 99603
Telephone: Not provided
POSITION STATEMENT: Testified against the identification cards
in HB 213.
ALIDA DUNNING
P.O. Box 3526
Homer, Alaska 99603
Telephone: Not provided
POSITION STATEMENT: Testified on HB 213.
ROGER HANSEN
P.O. Box 84951
Fairbanks, Alaska 99708
Telephone: (907) 457-5816
POSITION STATEMENT: Testified on HB 213.
CHARLES ROLLINS
P.O. Box 55616
North Pole, Alaska 99705
Telephone: (907) 488-9030
POSITION STATEMENT: Testified on HB 213.
BETTY ROLLINS
P.O. Box 55163
North Pole, Alaska 99705
Telephone: (907) 488-6614
POSITION STATEMENT: Testified on HB 213.
SUZANNE PRICE
P.O. Box 84951
Fairbanks, Alaska 99708
Telephone: (907) 457-5816
POSITION STATEMENT: Testified that the marijuana initiative
should be given a chance to work.
DIRK NELSON
P.O. Box 283
Ester, Alaska 99725
Telephone: (907) 457-1230
POSITION STATEMENT: Testified on HB 213.
DANIEL HANCOCK
P.O. Box 82590
Fairbanks, Alaska 99708
Telephone: (907) 488-2955
POSITION STATEMENT: Testified on HB 213.
L. F. STAATS
P.O. Box 7395
Nikiski, Alaska 99635
Telephone: (907) 776-8810
POSITION STATEMENT: Testified on HB 213.
JIM KENTSCH
2708 West 64th Avenue
Anchorage, Alaska 99502
Telephone: (907) 248-1141
POSITION STATEMENT: Testified against HB 213.
JACK ANDERSON
1430 West Twelfth Avenue
Anchorage, Alaska 99501
Telephone: (907) 272-9291
POSITION STATEMENT: Testified on HB 213.
CARL HUTSON
340 South Bragaw
Anchorage, Alaska 99508
Telephone: (907) 248-0175
POSITION STATEMENT: Testified on HB 213.
RALPH JONES
10309 VFW Road
Eagle River, Alaska 99577
Telephone: (907) 694-2149
POSITION STATEMENT: Testified on HB 213.
JOEL BLATCHFORD
1983 Waldron Drive
Anchorage, Alaska 99507
Telephone: (907) 563-3743
POSITION STATEMENT: Testified on HB 213.
HAYDEN KADEN
P.O. Box 26
Gustavus, Alaska 99826
Telephone: (907) 697-2309
POSITION STATEMENT: Testified against HB 213.
DAVID FINKELSTEIN
Alaskans for Medical Rights
P.O. Box 102320
Anchorage, Alaska 99510
Telephone: (907) 277-2567
POSITION STATEMENT: Testified against HB 213.
TAPE 99-48, SIDE A
Number 0001
CO-CHAIRMAN DYSON called the House Health, Education and Social
Services Standing Committee meeting to order at 5:08 p.m. Members
present at the call to order were Representatives Dyson, Coghill
Kemplen. Representatives Green and Morgan joined the meeting at
5:11 p.m. and 5:51 p.m. respectively.
HB 213 - MEDICAL USE OF MARIJUANA
CO-CHAIRMAN DYSON announced the first order of business as House
Bill No. 213, "An Act relating to the medical use of marijuana; and
providing for an effective date."
CO-CHAIRMAN DYSON announced that they would be taking public
testimony on a committee substitute (CS) for HB 213 with a couple
of amendments from the Senate side. He asked those who testify
today to keep their testimony specifically on the bill before them
and not for the need for medical marijuana. This bill is trying to
deal with the concerns of the law enforcement and health agencies.
Number 0207
MICHAEL PAULEY, Legislative Assistant for Senator Loren Leman, came
forward to explain the CS and the amendments. The first change is
registration. The initiative passed last fall creates a state
registry of patients entitled to use marijuana for medical
purposes, but registration is not required. The lack of a
registration requirement makes it difficult for law enforcement
officers to distinguish between legitimate and illegitimate users
of marijuana. It creates a danger that persons with a legitimate
need for marijuana may be mistakenly arrested. To eliminate that
possibility, HB 213 would require registration. The second change
would allow law enforcement to have access to the information in
the registry. In the current marijuana law, access is limited only
to those occasions when a law enforcement officer has stopped or
arrested a person claiming medical use. Under HB 213, law
enforcement would have access to registry information while in the
course of a criminal investigation or prosecution. This is a
change designed to help law enforcement distinguish between
legitimate and illegitimate users of the drug.
Number 0327
CO-CHAIRMAN DYSON asked if law enforcement officers can randomly
search the files under HB 213.
MR. PAULEY answered no, it would have to be in the course of a
criminal investigation. An example would be when law enforcement
receives a tip, they can check and find out whether that person is
lawfully entitled to have the marijuana.
Number 0400
MR. PAULEY indicated that the third change in HB 213 deals with
possession limits. The initiative passed last fall allows for
possession of an unlimited amount of marijuana so long as it can be
medically justified. There are no clear definitions of medically
justified. Under HB 213, a clear possession limit is established
of one ounce in useable form and six plants. In the draft before
the committee, the only exception to that possession limit is if
the Department of Health and Social Services (DHSS) has granted a
specific waiver, and that is explained in detail in the bill.
MR. PAULEY explained that the fourth change deals with registry
identification cards: all patients and primary caregivers would be
required to be issued a state identification card similar to the
permits issued to Alaskans for carrying concealed weapons. If a
police officer questions a patient or primary caregiver about the
medical use of marijuana, the person must display their registry
identification card. The fifth change deals with the role of
primary caregivers under the medical marijuana law. The
legislation will establish a few precautions to prevent abuse.
Each patient could have only one primary caregiver, and each
primary caregiver can care for only one patient, with some
carefully defined exceptions. The general rule is a one-to-one
relationship.
Number 0504
CO-CHAIRMAN DYSON asked him if a primary caregiver, a doctor, could
only have one patient.
Number 0512
MR. PAULEY answered that under this legislation, the doctor is not
a primary caregiver. A primary caregiver is someone who assists
the patient in procuring the marijuana. A primary caregiver can
only assist one patient unless he is a member of the family unit,
which is defined on page 5, lines 13-16 of work draft A. It reads:
"(e) A person may be a primary caregiver for only one patient at
a time unless the primary caregiver is simultaneously caring for
two or more patients who reside in the same household as the
caregiver and are related to the caregiver by at least the fourth
degree of kinship by blood or marriage."
MR. PAULEY noted that a person who has violated the drug laws of
Alaska or another state, or a person on probation or parole, cannot
be primary caregivers. The sixth change is that physicians who are
recommending marijuana are required to explore other approved
medications and treatments that might provide relief. This change
is consistent with the recommendations of the Federal Institute of
Medicine's study on medical marijuana that was released last month.
It also protects patients from prosecution by federal drug
enforcement employees.
MR. PAULEY pointed out that one issue that gets lost in the debate
of medical marijuana in Alaska is the fact that marijuana is an
illegal drug under the federal law. It is illegal regardless of
what Alaska's statutes say. Even though Alaska passes a law that
says that they will provide immunity from state enforcement action
for using marijuana, there is nothing they can do to shield either
physicians or patients from potential enforcement action from
federal prosecutors. They are trying to say if there is another
alternative treatment that would be as effective in addressing the
patient's debilitating medical condition, certainly one ought to
recommend those treatments rather than one that could leave the
patient at risk of prosecution by federal authorities. The final
change closes numerous loopholes in the marijuana initiative. If
left uncorrected, these errors could, contrary to the initiative's
sponsors' intent, allow marijuana be smoked in public places, on
school grounds, on a school bus, in state prisons and at the
workplace.
MR PAULEY referred the committee to page 10, lines 15 to 24, which
lays out some restrictions for the patient, but not the primary
caregiver. House Bill 213 adds a section so those same
restrictions also apply to the primary caregiver. He noted that
the initiative language says that these restrictions only apply to
someone in lawful possession of a registry identification card, but
since registration is not required, in order to have a right to
smoke medical marijuana, these restrictions would not apply to
anyone who doesn't have a registration card. If people choose not
to register with the state, then all these restrictions about not
being able to smoke in public or sell to another person doesn't
apply to them. He said he doesn't believe it was the intent for
these loopholes to exist.
Number 0922
CO-CHAIRMAN DYSON understands that the CS gets close to meeting the
Knowles' administration, the DHSS and the Department of Public
Safety (DPS) needs for making this workable.
Number 0946
MR. PAULEY agreed that they are comfortable with the amended CS.
He pointed out another loophole in the initiative drawing their
attention to page 11, line 1 of work draft A. The initiative
language reads "(d) Nothing in the section shall require any
accommodation of any medical use of marijuana (1) in any place of
employment; (2) in any correctional facility, (3) on or within 500
feet of school grounds; (4) at or within 500 feet of a recreation
or youth center; or (5) on a school bus." He noted this is another
example of a drafting error of the initiative because the word
"section" should be "chapter." By using the word "section" instead
of "chapter," the restrictions only apply to that one section, not
the rest of the sections. The word "chapter" ought to be used.
This is corrected in HB 213.
Number 1127
GLORIA DITE-BRAACHTEN testified via teleconference from Washington,
D.C. She stated that last fall the voters chose to allow patients
to use marijuana as a treatment for a variety of diseases and
conditions. She indicated that she believes that it should not be
limited to just cancer, glaucoma, HIV/AIDS; she suffers from a
neuromuscular disease, and there are many other conditions that
should also be allowed, if the patient and physician would agree
that marijuana could be used. "If allowed to pass, SB 94 and HB
213 would sentence me to a life of ever-increasing amounts of hard
narcotics, such as Percodan, Demerol and morphine, in an effort to
fight the pain and spasms I suffer." Her condition requires use of
muscle relaxers for continued use of her legs, however, if a
cigarette of marijuana taken two or three times a day can help make
her pain bearable and keep her awake enough to care for herself,
she said she believes that she and her physician should be allowed
to choose their own course of treatment.
MS. DITE-BRAACHTEN said she believes the voters were not
misinformed when they voted for this initiative. In summary, "The
effectiveness of one drug over another drug should not be a
consideration by our legislators, but should only be a
consideration of our physician and the patient." She asked that
the bill be left as written unless there is clear and convincing
evidence that shows they cannot effectively prosecute hard drug
users. She asked that the legislators refrain from determining
what types of drugs should be used.
Number 1330
MARK CHRYSON, Chairman, Alaskan Independence Party, testified via
teleconference from the Matanuska-Susitna (Mat-Su) Legislative
Information Office (LIO). "I am chairman of the Alaskan
Independence Party. Right now we have pushing 20,000 members, and
I would like to thank our ever- and all-knowing legislature for
doing my recruiting for me. If you vote for HB 213, SB 94,
whichever version comes up, I guarantee you, some of you will not
be back. If any of you states that you received more votes than
Proposition 8, when a proposition like this, an initiative which
passed by such an overwhelming majority, you need to leave it alone
because all you are doing is showing the arrogance of yourselves
that lawmakers know best; that the voters do not know what they are
talking about, do not know what we have voted for. I guarantee
you, sirs, please vote against this bill. There [are] going to be
problems. You have two years for an initiative which has been
passed by the people before you can touch it. Let those two years
go before you do a thing. Again, thank you for doing the
recruiting for the Alaskan Independence Party."
Number 1421
RONALD L. BROWN testified via teleconference from Anchorage. He
has been in several car accidents and has been put on all sorts of
drugs for pain. He still has problems sleeping and would like to
try something other than the drugs he has had. He agrees that
there shouldn't be limitations on the conditions; that should be up
to the doctor and the patient, not the legislature. He said he
believes that both HB 213 and SB 94 are an invasion of privacy.
Number 1500
BRUCE KRAFT testified via teleconference from the Mat-Su LIO saying
he was opposed to HB 213. "The voters heard all of the facts and
voted for the medical use of marijuana. This Christian act of
compassion for those who are suffering should become law
unchanged."
CO-CHAIRMAN DYSON stated that there is no argument here whether or
not people need marijuana for their medical condition. He again
asked people to testify on the specifics of the bill. They are
trying to meet the requirements the DHSS and the DPS to make the
law operable.
Number 1543
TOM WHITSTINE testified from the Mat-Su LIO. He said they should
let the initiative work for a couple of years to see what problems
could come up before they try changing anything in it. There is a
good chance that it will work just fine as it is. He said he
doesn't believe the legislature should be changing something that
the voters passed. Senator Leman has not answered any of Mr.
Whitstine's questions he had on this bill.
Number 1693
CO-CHAIRMAN DYSON noted that it is not the legislators saying they
don't like what was passed but the administration saying that it
needs clarification.
Number 1713
MICHAEL BARNES testified via teleconference from Kodiak. He has
multiple sclerosis (MS) and has been disabled since 1991. The
quality of his life is poor without medical marijuana. He does
worry about the conflict between medical marijuana and the use by
young people. In November 1998, the medical marijuana referendum
passed by a large majority. Those who were against it lost fair
and square. Now it appears that they want to change the will of
the people and it is the wrong lesson to teach the children about
democracy. He believes that the administration wanting to clarify
the bill is a red herring; it is just not true. It is obvious that
they are trying to change the law. He would appreciate it if they
wouldn't let that happen. He urged them to give the initiative a
chance. Mr. Barnes noted that in March, the Independent Institute
of Medicine strongly backed certain medical uses of marijuana.
Number 1805
CATHLEEN ROLPH testified via teleconference from Kenai. She spoke
on behalf of a friend who benefits from the medical use of
marijuana and herself as a teacher. "I myself have been a teacher
for over 25 years. For the past six years, I have taught social
studies to gifted secondary students. Many times my students
tended to make judgements and state opinions based on their gut
reaction, on fear. Sometimes people cast votes based on political
pressure or for their own self-interest. I teach my students to
make decisions based on research and factual information. I
respectfully implore you to do the same. Please consider the facts
of the medical marijuana and make an informed decision, not one
based on the political climate, the country's drug war or the
public's needless fear of marijuana. It is not addictive, it does
not cause illness or death as does tobacco. Children can abuse
hair spray, they can huff glue, they can abuse cough syrup, but we
don't ask people that use those substances to register with the
state. Fact: Marijuana relieves pain in an inexpensive and
fast-acting manner. Marijuana aids appetites without side effects.
Patients with illnesses whose symptoms are relieved by marijuana
are not criminals. They have letters from their doctors.
Marijuana relieves nausea. Marijuana was already legalized by the
voters of Alaska without the added contingencies suggested by HB
213. Medical marijuana laws need to have a chance to work before
they are tampered with as the voters wish. I would like to go on
record as being against the added requirements of the medical
marijuana law. Thank you."
Number 1898
CINDY RAE HUTCHENS testified via teleconference from Kenai. She
informed the committee that she is disabled due to severe nausea
and vomiting and dehydration, and she uses marijuana very
effectively. She is against registration because there is no other
prescription that requires that same thing. Medical decisions
should be between the doctor and the patient, and it shouldn't be
up to the politicians. Heavily abused drugs are used all over the
state, and they don't have to register with the state of Alaska to
use those medications, so marijuana shouldn't be any different than
a drug prescribed from a doctor.
Number 1953
CO-CHAIRMAN DYSON reiterated that the problem is that under federal
law a doctor cannot prescribe marijuana. If the federal government
would allow the doctors to prescribe medical marijuana, then there
wouldn't be this hassle.
Number 1977
NATALIE RINGLAND testified via teleconference from Kenai. She also
suffers from MS. She agrees that the mandatory registration is
unfair. Medical patients should not be treated like sex offenders;
she is insulted by that. She urged the legislature to please leave
this alone and let it work.
Number 2052
CO-CHAIRMAN DYSON reiterated that the police are telling them if
there isn't a list of who is legal to have marijuana, they will
have difficulty enforcing the law against illegal use.
Number 2067
MIKE MILLIGAN testified via teleconference from Kodiak. He told
the committee that the issue for him is health care. There are a
lot of people in this state who do not have the health care
benefits that some of the people making laws have. "The biggest
thing that gets me is that we live in a society where the children
of a governor and the children of a legislator are considered worth
more than my children because they are protected by government
health care. If we're going to deny people that maybe can't afford
the full meal deal that some of us in our society have, then if
we're going to deny those benefits, those decisions that are made
between a doctor and his patient, then we need to look at the whole
issue of health care. We need to make health care equal across the
board."
Number 2128
RICHARD OLSON testified via teleconference from Homer against HB
213. He agrees that they should leave it alone and give the
initiative a chance to work. He agrees that prescription drugs are
more dangerous, addicting and mind altering than marijuana. He
noted that when a doctor prescribes those "evil synthetic drugs" he
doesn't have to register the caregiver and patient. He mentioned
that some of the issues in this bill are already addressed in other
laws. He urged the committee to leave it alone.
Number 2218
JULIE CESARINI testified via teleconference from Homer. She
referred to a book, Marihuana, the Forbidden Medicine by Lester
Grinspoon. This doctor traces his research from the early 1960s to
prove that children should not be messing around with this to the
point he came to in the effects on various illnesses for various
people. Different substances affect people differently. She has
had a lot of experience with friends on prescription drugs who have
been seriously damaged. This is a whole political issue that has
to do with conspiracy against the hemp plant. It is a money thing.
Ms. Cesarini wishes the legislature would devote their time to
other pressing problems like the children. She spoke against the
idea of identification cards.
Number 2312
ALIDA DUNNING testified via teleconference from Homer. She is
concerned with the part of HB 213 that says that the physician has
to have explored other approved medications and treatments. She
wondered if this meant that the doctor would have the patient try
all these other prescription drugs first. It is a vague statement.
It is also vague to say that the physician has concluded that the
likely benefits of marijuana outweigh the benefits of other
alternatives. It almost makes it sound like it would have to be a
last resort compared to other widely accepted treatments. The
voters are obviously trying to legalize marijuana.
TAPE 99-48, SIDE B
Number 2355
CO-CHAIRMAN DYSON said that section is to make sure that other
alternatives are explored and if found to be more appropriate than
marijuana, then they are applied.
Number 2334
ROGER HANSEN testified via teleconference from Fairbanks. He told
the committee that while he was in the army he was in an explosion
and now suffers from chronic pain. Marijuana has helped him with
his pain. The people said this is what they want, and he asked the
committee to give them a break.
CO-CHAIRMAN DYSON asked Mr. Hansen if the compulsory registration
would be a problem for him.
MR. HANSEN said he didn't like it particularly, but he doesn't have
a problem with it.
Number 2213
CHARLES ROLLINS testified via teleconference from Fairbanks. He
told the committee about the arrests in California of marijuana
users and doctors. He fears that patients will be arrested in
Alaska. The legislature is violating what the people want.
Number 2107
BETTY ROLLINS testified via teleconference from Fairbanks. She
agrees that the initial initiative was poorly written. However,
there has always been a list open to law enforcement, and there has
always been an identification card. She said it is quite apparent
that speaking as attorneys is nothing more than a waste of their
time. If the elected representatives refuse to listen to the vote
of the people, it obviously follows that they will refuse to listen
to the voice of the people. "After all we all know our government
knows what is best for us no matter how we vote or speak. HB 213,
the same as SB 94, is ridiculous and confusing in the extreme. The
original initiative was bad enough, now it has been made worse.
You can't do specifics on an initiative in the two minutes
allowed." She went ahead with her written testimony:
I have listened to your excuses, read your letters and it
is quite obvious that most of you are ignorant of the
repeated studies and most recently the study contracted
by the United States' government as medicinal marijuana.
Gateway drug? Study after study has proven that the
greatest gateway drug in this nation of all drugs, legal
and illegal, is alcohol. Alcohol is one of the foremost
destroyer of life. The same stuff that many of you use
and serve at your fund raisers. It is sad that AMR
[Americans for Medical Rights], California also refused
to listen when they wrote the bill with the assistance of
the Los Angeles police department, and Alaskans for
Medical Rights did not listen when they boiler plated
AMR's bill. They were informed at that time that the
list was a violation of doctor/patient privilege and a
violation of our right to constitutional privacy. Having
listened to the legislature would not now be able to
destroy the accounts of medicinal marijuana for those
individuals who are truly ill. Had they listened they
would not have recently joined with the state in the
legal proceedings to require that medicinal marijuana is
so very dangerous a list must be required. They are
speaking out of both sides of their mouth.
Number 2025
SUZANNE PRICE testified via teleconference from Fairbanks. She has
worked in community mental health. She has a problem with a
legislature that would dismantle and gut an initiative before it
has time to work. Her biggest problem is on page 4, where it says
that the physician has explored other approved medications and
treatments that might provide relief and are reasonably available
to the patients, and can be tolerated by the patients. She
believes that a lot of physicians are going to be very
uncomfortable about trying to write out what the legislature wants
them to say about their patient. She is uncomfortable with this.
If a doctor approves marijuana for a patient, that should be it.
This issue shouldn't be treated as a moral judgement. She is
uncomfortable with the legislature taking an initiative of the
people before it has an opportunity to work.
CO-CHAIRMAN DYSON reiterated that it is the DHSS and DPS who have
come to the legislature and said they can't make it work. The
legislature is trying to figure out something for them to work
with.
Number 1924
DIRK NELSON testified via teleconference from Fairbanks. He said
he always has believed that the DPS, the Department of Law and the
DHSS were required to do things by the people, and now he hears
that they are requiring things of the people. It seems to him that
the flow of authority seems to have gotten reversed. "I also
noticed earlier when someone said well the legislature felt a need
to appease the administration's desire to straighten this out. I
was thinking how many other issues we have this year where the
legislature bent over backwards to appease the Knowles
administration. Maybe this is an anomaly here. I believe Justice
Brennan challenged the states to go forth and define their own
constitutions and not be restricted by the U.S. Constitution."
MR. NELSON paraphrased Lester Grinspoon, the Harvard medical
physician: It has been shown that marijuana has the propensity to
drive people crazy. However, unlike many other drugs, it tends to
be those people who don't use it who are typically driven crazy by
it. The restrictions proposed in HB 213 are based upon the
assumption that marijuana is a dangerous drug and that this plan is
illegal in Alaska. Most of these are fallacies. He doesn't recall
the Ravin decision ever being overturned.
Number 1843
MR. NELSON wonders why there are police officers doing medical
education in schools and legislators taking the place of consulting
with physicians. He said he believes that the whole thing violates
the provisions in the Ravin decision that this is acting
unconstitutionally.
Number 1798
CO-CHAIRMAN DYSON said he doesn't know many of the legislators who
are trying to appease the administration, but in fact of the 200
and some bills they are working on, a few have originated from the
administration at the request of the governor to deal with things.
On some level, folks try to work together to do the things that
need to be done.
Number 1778
DANIEL HANCOCK testified via teleconference from Fairbanks saying
that doctors prescribe drugs that are more powerful and dangerous
than marijuana everyday. They seem to manage things without a
great deal of guidance from the state legislature. He can
understand the need for registration; that is simply to keep
legitimate users from being harassed by law enforcement officials.
They certainly don't need 15 pages of garbage from the state
legislature. This is just from the legislature; just wait until
the bureaucrats get done with it.
CO-CHAIRMAN DYSON reiterated that if the federal government would
make it legal for doctors to prescribe marijuana, there wouldn't be
this hassle.
Number 1714
L. F. STAATS testified via teleconference from Kenai. He said this
is a waste of tax payers' time and money, and it is not up to the
legislators to figure out what is the best for patients.
CO-CHAIRMAN DYSON agreed with Mr. Staats.
Number 1684
JIM KENTSCH testified via teleconference from Anchorage saying he
was one of the three co-sponsors of Ballot Proposition 8. He also
spoke for Ileen Self who had to leave the LIO. He urged the
legislature to listen to the people who showed up to oppose HB 213;
they are the public whom they serve. No one who has testified
likes this bill. He said Mike Pauley, Senator Leman's aide, talked
about the changes to make mandatory registration and a wider access
to the registry. He failed to say that this bill would also
require the nature of the debilitating medical condition to be in
the registry. If HB 213 were to go into law, this would have a
serious, chilling effect on people's willingness to go through all
the requirements to get medical marijuana. Proposition 8 has a
better way to reconcile the 1990 ballot initiative that
re-criminalized marijuana, (in contradistinction to the Ravin
decision which still stands). "Ballot Proposition 8 would take
medical marijuana out of the criminal justice system altogether and
put a less burden on the criminal justice system and on legitimate
patients."
Number 1569
JACK ANDERSON testified via teleconference from Anchorage. He
suggested that the legislature throw this bill away and deal with
more important issues.
Number 1500
CARL HUTSON testified via teleconference from Anchorage. He is a
cancer patient and marijuana helps with his pain and nausea. "I
voted for this for the simple reason that it is another way for my
doctor to help me. ... You are violating my right and I'm trying
to set an example to my kids that my doctor can help me. Now you
guys are trying to make it so hard on the doctor. That is not
right. ... This is another way to help a person who is real sick."
CO-CHAIRMAN DYSON reiterated that if they could get marijuana legal
on a federal level, they wouldn't have to be doing this.
Number 1446
RALPH JONES testified via teleconference from Anchorage. He also
is a cancer survivor and life-long Alaskan. His problem with HB
213 is that this state has become a police state. His doctor is
afraid to write anything down for him because "he doesn't trust the
cops and neither do I." He wants to know whether the cops or the
people who voted for the legislators are running this state. None
of the users of medical marijuana want to have marijuana out there
for everybody to get drugged up on. The point is to help people
who are in pain and suffering.
Number 1328
JOEL BLATCHFORD testified via teleconference from Anchorage. He
has had operations that limit what he can do, and now has to sneak
around and use marijuana for pain relief. No doctor in Alaska will
treat him.
Number 1172
HAYDEN KADEN came forward to testify saying he was legal counsel
for the Alaska legislature from 1967 to 1973. He has seen many
bills come before the legislature where they had to do something
because of the federal government. Every once in awhile, the state
would actually object and not do it and nothing happened. There
are six states that have legalized medical marijuana. Alaska is
one of them and is on the leading edge. The federal government is
going to change the law; they can't stand up to the states bucking
the system. The people have said "we are changing this law." He
urged the legislature "don't muck with it."
MR. KADEN indicated that the legislators trust the people to elect
them, but yet they don't trust the people to make a decision about
something that is fairly cut and dried. The people of Alaska want
people to have access to this drug, and they do not want the
government mucking around with it. They do not want cops having a
list of all these people. The police can make the decisions in an
arrest situation. Alaska had 15 years of legal marijuana, and
there were no problems. In 1989, he called every chief of police
in the major cities of Alaska to have the victims of marijuana
abuse come and testify in the Judiciary Committee. All the people
he called informed him that alcohol is the problem, not marijuana.
He doesn't see any reason for doing this, and he urged them not to
do anything more on HB 213.
CO-CHAIRMAN DYSON asked how the police will know whether someone
they stop for another reason is a medical user or not.
MR. KADEN said if they are stopping them, they are stopping them on
the street, and the initiative only covers private use. They are
not driving around smoking in their cars.
Number 0921
DAVID FINKELSTEIN, Alaskans for Medical Rights, came forward to
testify. He referred to Co-Chairman Dyson's last question and said
that person in the car would be violating a provision of the act
because it would be use in public. There is a major role that the
legislature can play in the implementation of the medical marijuana
law. Solving the problems of how patients get their hands on the
marijuana is something that state and local governments can get
involved in. California has had a variety of approaches and the
most successful have been when counties decide that they are going
to take control of it. The system now leaves patients with very
few options. Some of the counties have set up a system where they
can distribute it themselves.
MR. FINKELSTEIN agreed with all the comments about the federal
government. He said he believes that someday the federal
government will reschedule marijuana as a Schedule II drug. Many
national studies have said that marijuana serves a variety of
beneficial uses for a variety of conditions. The only one named
here that they did not endorse was glaucoma. The studies did point
out some very undesirable effects of the delivery system; that
smoking is not a great solution for most patients. Of course,
there are other patients whose risk factor to their lungs is low
enough to not be a major consideration.
MR. FINKELSTEIN spoke against this legislation. There isn't any
necessity for it. He does wish the legislature would get involved
to solve the distribution problem. They would hate to see patients
go out on the black market to try to get marijuana. People call
all the time asking where they can get marijuana. This initiative
doesn't solve that problem.
MR. FINKELSTEIN said there are a variety of issues that are subject
to interpretation; some that are technical mistakes, but none of
those require legislation this year. Some can be solved in changes
in regulations or in a revisor's bill. They are not convinced that
anything at this time needs to be solved. They would like to see
the new law have a chance to work. They will be glad to work with
the legislature next year if there are real problems.
CO-CHAIRMAN DYSON asked Mr. Finkelstein how the police should
ascertain whether the marijuana is being used medically or not.
Number 0581
MR. FINKELSTEIN answered that the initiative is clear; if someone
doesn't have an identification card, they are subject to arrest.
If a person has more than the limits in the law, they are subject
to arrest; if they are using in public, they are subject to arrest.
If they don't have the card, they should be treated like everyone
else. They have notified patients that if they want the protection
of the law, they should register with the state. Not all patients
will register, but they do their best to encourage patients to
register.
Number 0485
REPRESENTATIVE GREEN asked if there is a point that a user, even
with a registration card, can be physically impaired as a vehicle
driver. He asked if there is an amount to test for.
MR. FINKELSTEIN answered there are two provisions that affect that.
The first one is an existing law that allows law enforcement to
arrest someone on impairment of conditions. Impairment by a
prescription drug would be against the law. There is also a
provision in the initiative that anyone using medical marijuana
will not endanger the public or other individuals. They intended
that to include driving.
[HB 213 was held over.]
ADJOURNMENT
Number 0335
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 6:38 p.m.
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