Legislature(2015 - 2016)CAPITOL 120

02/11/2015 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HB 5 CONSERVATOR OF PROTECTED PERSONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 11, 2015                                                                                        
                           1:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Neal Foster                                                                                                      
Representative Bob Lynn                                                                                                         
Representative Matt Claman                                                                                                      
Representative Max Gruenberg                                                                                                    
Representative Charisse Millett                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 5                                                                                                                
"An Act relating to the persons who may be appointed                                                                            
conservators of a protected person."                                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 79                                                                                                               
"An Act relating to controlled substances; relating to                                                                          
marijuana; relating to driving motor vehicles when there is an                                                                  
open marijuana container; and providing for an effective date."                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 5                                                                                                                    
SHORT TITLE: CONSERVATOR OF PROTECTED PERSONS                                                                                   
SPONSOR(s): REPRESENTATIVE(s) HAWKER                                                                                            
                                                                                                                                
01/21/15       (H)       PREFILE RELEASED 1/9/15                                                                                
01/21/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (H)       JUD                                                                                                    
02/06/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/15       (H)       <Bill Hearing Canceled>                                                                                
02/11/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 79                                                                                                                   
SHORT TITLE: MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
01/26/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/15       (H)       JUD, FIN                                                                                               
01/26/15       (H)       JUD AT 1:00 PM BUTROVICH 205                                                                           
01/26/15       (H)       Heard & Held                                                                                           
01/26/15       (H)       MINUTE(JUD)                                                                                            
01/28/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/28/15       (H)       Heard & Held                                                                                           
01/28/15       (H)       MINUTE(JUD)                                                                                            
01/30/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/30/15       (H)       -- MEETING CANCELED --                                                                                 
02/02/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/02/15       (H)       -- MEETING CANCELED --                                                                                 
02/06/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/15       (H)       Heard & Held                                                                                           
02/06/15       (H)       MINUTE(JUD)                                                                                            
02/09/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/09/15       (H)       -- MEETING CANCELED --                                                                                 
02/11/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CECILE ELLIOTT, Staff                                                                                                           
Representative Mike Hawker                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 5 on behalf of Representative                                                               
Mike Hawker, prime sponsor.                                                                                                     
                                                                                                                                
TERRY BANNISTER, Attorney                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on HB 5, answered                                                                     
questions.                                                                                                                      
                                                                                                                                
DEB ETHRIDGE, Deputy Director                                                                                                   
Central Office                                                                                                                  
Division of Senior and Disabilities Service                                                                                     
Department of Health & Social Services                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on HB 5, answered                                                                     
questions regarding conflict of interest and its fiscal note.                                                                   
                                                                                                                                
DARIN COLBRY                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During the  hearing  on HB  5, offered  his                                                            
support.                                                                                                                        
                                                                                                                                
THOMAS BROWN, Staff                                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Presented   CSHB  79,  together   with  a                                                            
sectional  analysis, on  behalf  of the  House Judiciary  Standing                                                              
Committee, sponsor by request, chaired by Representative LeDoux.                                                                
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  on  HB  79,  answered                                                            
questions.                                                                                                                      
                                                                                                                                
MICHELE HOLLY                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   During  the hearing on  HB 79,  testified as                                                            
to her concerns.                                                                                                                
                                                                                                                                
TINA CURTISS                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During  the hearing on  HB 79,  testified as                                                            
to her concerns.                                                                                                                
                                                                                                                                
LEIF ABEL                                                                                                                       
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT:   During  the hearing on  HB 79,  testified as                                                            
to his concerns.                                                                                                                
                                                                                                                                
ROBERT DAVIS                                                                                                                    
Houston, Alaska                                                                                                                 
POSITION STATEMENT:   During  the hearing on  HB 79,  testified as                                                            
to his concerns.                                                                                                                
                                                                                                                                
TIMOTHY HALE                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During  the hearing on  HB 79,  testified as                                                            
to his concerns.                                                                                                                
                                                                                                                                
DOLLY PHELPS                                                                                                                    
Nikiski, Alaska                                                                                                                 
POSITION STATEMENT:   During  the hearing on  HB 79,  testified as                                                            
to her concerns.                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:06:06 PM                                                                                                                    
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called   the  House  Judiciary  Standing                                                            
Committee meeting  to order at  1:06 p.m. Representatives  Claman,                                                              
Gruenberg,  Foster, Keller, Lynn  and LeDoux  were present  at the                                                              
call to order.   Representative Millet arrived as  the meeting was                                                              
in process.                                                                                                                     
                                                                                                                                
            HB   5-CONSERVATOR OF PROTECTED PERSONS                                                                         
                                                                                                                                
1:06:59 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the first order of  business would be                                                              
HOUSE  BILL NO.  5 "An  Act relating  to  the persons  who may  be                                                              
appointed conservators of a protected person."                                                                                  
                                                                                                                                
1:07:27 PM                                                                                                                    
                                                                                                                                
CECILE ELLIOTT,  Staff, Representative  Mike Hawker,  Alaska State                                                              
Legislature,  stated   that  HB   5  expands  the   definition  of                                                              
conservator  under  AS  13.26.210.     She  explained  that  under                                                              
certain statutes  certain criteria  prohibits a person  from being                                                              
appointed conservator  unless they are  a relative.   However, she                                                              
noted, the list  of relatives is specific to  spouse, adult child,                                                              
parent,  or sibling,  thereby excluding  other  relatives.   House                                                              
Bill  5 expands  the  definition  to an  adult  related by  blood,                                                              
marriage  or adoption,  allowing  for  greater control  in  making                                                              
decisions  in the best  interests  of their family.   She  advised                                                              
this statutory limitation  was pointed out by Darin  Colbry, whose                                                              
desire is  to be  conservator for  his daughter-in-law  except was                                                              
thwarted  by  current statute.    She  offered that  the  judicial                                                              
process  is  not  changed  by  the  legislation  in  appointing  a                                                              
conservator, or weakens  the court's authority to act  in the best                                                              
interest  of the  protected  person.   She  conveyed  the bill  is                                                              
supported by the Alaska Commission on Aging.                                                                                    
                                                                                                                                
1:10:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  surmised  that  the proposed  bill  is  to                                                              
remove  the  language   "the  spouse,  adult  child,   parent,  or                                                              
sibling"  and  replace  it  with   "an  adult  related  by  blood,                                                              
marriage,  or  adoption."   He  said  that within  the  definition                                                              
section there is  no definition of those three terms,  but that he                                                              
believes  the   four  terms  being   deleted  are  defined.     He                                                              
questioned whether  there is a definition being  incorporated, and                                                              
if so, where.                                                                                                                   
                                                                                                                                
MS. ELLIOTT deferred to the drafter, Terry Bannister.                                                                           
                                                                                                                                
1:11:33 PM                                                                                                                    
                                                                                                                                
TERRY  BANNISTER,   Attorney,  Legislative   Legal  and   Research                                                              
Services,  Legislative Affairs  Agency,  responded  that she  does                                                              
not  believe  there  are  definitions  of the  new  terms  in  the                                                              
legislation at this time.                                                                                                       
                                                                                                                                
1:12:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN noted  that in  todays' legal  environment,                                                              
the definition  of marriage  is receiving  a tremendous  amount of                                                              
litigation,  and he  asked why Ms.  Bannister  elected to  use the                                                              
word "marriage,"  in that it  is an undefined  term.   He surmised                                                              
the goal  for this legislation  is to expand  the scope  of people                                                              
recognized as reasonable people to be considered a conservator.                                                                 
                                                                                                                                
MS.  BANNISTER voiced  that at  least two  people [in  Legislative                                                              
Legal and  Research Services]  worked on the  [drafting of  HB 5].                                                              
She advised  she does  not recall  choosing those terms,  however,                                                              
there  is an  interpretation requirement.   She  offered that  she                                                              
would tend  to interpret "by marriage"  as someone who  is related                                                              
through the person who is married.                                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN  pointed out  that "adult related  by blood"                                                              
appears  to  be  a  term with  the  potential  for  ambiguity  and                                                              
questioned  if  thought  was  given  for  more  clarity  for  that                                                              
definition.                                                                                                                     
                                                                                                                                
MS.  BANNISTER   reiterated   that  she   did  not  prepare   that                                                              
particular  item  and "it  could  certainly  be clarified  if  you                                                              
wanted to  clarify it.   We always  recommend clarifying  anything                                                              
that is ambiguous."                                                                                                             
                                                                                                                                
1:14:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted the  law was initially  enacted in                                                              
1972,  and amended  a number  of  times.   He questioned  whether,                                                              
when it was enacted, it was part of the Uniform Probate Code.                                                                   
                                                                                                                                
MS.  BANNISTER  advised she  assumed  so  but  she would  have  to                                                              
double check.                                                                                                                   
                                                                                                                                
1:15:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG questioned  if anyone  had reviewed  the                                                              
Annotated Version  of the  Uniform Probate  Code to determine  the                                                              
interpretation of other courts with this subsection.                                                                            
                                                                                                                                
MS. BANNISTER advised she has not reviewed it.                                                                                  
                                                                                                                                
MS.  ELLIOTT remarked  she  is  aware it  is  from  1972, and  was                                                              
proposed  in  1994,  but  believes   the  recommendations  of  the                                                              
Uniform Probate Code  were not adopted.  However,  she stated, she                                                              
could not expounded on Representative Gruenberg's question.                                                                     
                                                                                                                                
1:16:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  advised he would like an  answer to this                                                              
question as  he does not know  why the subsection was  drafted the                                                              
way  it was  drafted.   He posited  there  is no  reason to  limit                                                              
subsection (c) to  a spouse, adult child, parent or  sibling.  The                                                              
only  issue should  be  that the  court  determines the  potential                                                              
conflict of interest  in (b) is not substantial and  it should not                                                              
make  a difference  who  the person  is  as long  as  there is  no                                                              
conflict  of interest.    He suggested  cutting  the language  and                                                              
allowing a  sister-in-law, brother-in-law, cousin-in-law,  as long                                                              
as there is no conflict of interest.                                                                                            
                                                                                                                                
1:17:58 PM                                                                                                                    
                                                                                                                                
MS.  ELLIOTT  advised  the  sponsor  defers to  the  will  of  the                                                              
committee on that.                                                                                                              
                                                                                                                                
1:18:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER referred to  the indeterminate  fiscal note                                                              
and noted  it is puzzling and  requested the rationale  because it                                                              
reads: "However,  expanding the number of individuals  exempt from                                                              
prohibition  from  appointment  as conservator  may  increase  the                                                              
number  of  vulnerable  adults who  become  victims  of  financial                                                              
abuse  and exploitation."   He questioned  how  the call could  be                                                              
made  between  the  numbers of  extra  options  for  vulnerability                                                              
against  that  which  may  be avoided  because  the  court  has  a                                                              
broader choice  in selection.  The  Department of Health  & Social                                                              
Services  (HESS)  will  likely  have  input  if  the  language  is                                                              
removed as  has been suggested.   He advised he intends  to make a                                                              
motion, as  the bill  now stands,  to eliminate the  indeterminate                                                              
fiscal note and go back to a zero fiscal note.                                                                                  
                                                                                                                                
1:20:07 PM                                                                                                                    
                                                                                                                                
DEB  ETHRIDGE,  Deputy  Director,   Central  Office,  Division  of                                                              
Senior and  Disabilities  Service, Department  of Health  & Social                                                              
Services, answered  that the Division  of Senior  and Disabilities                                                              
Services  submitted  an  indeterminate   fiscal  note  because  it                                                              
anticipates   an  increased   pool   and   opportunity  for   more                                                              
conservators, and it  also realizes there is a  potential for more                                                              
conflicts of interest.   Essentially, the bill  expands the number                                                              
of people  with a potential  conflict of  interest, and  because a                                                              
person  is  a conservatee  they  are  automatically  a  vulnerable                                                              
adult.  She  pointed out that  the division could see  people with                                                              
have a  conflict of interest, or  a provider, be  the conservator,                                                              
thereby causing  an increase in  numbers of maltreatment  reports.                                                              
She stipulated  she was not saying  there would be an  increase in                                                              
maltreatment, just numbers of reports.                                                                                          
                                                                                                                                
1:21:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  questioned whether  that would be  an extra                                                              
burden  on the  court  in  that the  court  would  have a  broader                                                              
spectrum of  people they could pick  from, and presumably  in that                                                              
broader spectrum  there could be both  sides of the issue.   There                                                              
may  be the  option  of  appointing  someone more  responsible  or                                                              
honest with the broader spectrum of choice, he stated.                                                                          
                                                                                                                                
1:21:39 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  asked whether  one  of  the categories  of  spouse,                                                              
adult  child,  parents,  or sibling,  had  been  eliminated  would                                                              
there have been a negative fiscal note.                                                                                         
                                                                                                                                
1:21:54 PM                                                                                                                    
                                                                                                                                
MS.  ELLIOTT answered  that  the  division cannot  anticipate  the                                                              
numbers of maltreatment  reports that will come in  and cannot put                                                              
an estimate  on that issue.   She related  that the  division does                                                              
know with  the conflict  of interest  there is  more potential  or                                                              
less potential.                                                                                                                 
                                                                                                                                
1:22:13 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX reiterated  her  question  of whether  the  division                                                              
would have given the committee a negative fiscal note.                                                                          
                                                                                                                                
1:22:18 PM                                                                                                                    
                                                                                                                                
MS. ELLIOTT responded that she can't answer that question.                                                                      
                                                                                                                                
1:22:22 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  advised she  is still  very uncomfortable  with this                                                              
fiscal note.                                                                                                                    
                                                                                                                                
1:22:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CLAMAN   commented   that  he   shares   concerns                                                              
regarding  the fiscal  note  and  assessed the  legislation  would                                                              
mean  an in-law  could  be  appointed  as a  conservator,  whereas                                                              
today an  in-law could not be  appointed.  He asked  whether there                                                              
is evidence  that in-laws  are more  likely to  take advantage  of                                                              
seniors than people related by blood.                                                                                           
                                                                                                                                
MS. ELLIOTT  responded that an  in-law could become  a conservator                                                              
barring a  condition or conflict  of interest.  She  remarked that                                                              
within the  new language there is  an exception so there  could be                                                              
a conflict  of interest.   She explained  the division  knows that                                                              
within the percentage  of financial exploitation  allegations made                                                              
to Adult  Protection, approximately  45-47 percent involve  family                                                              
members as the alleged perpetrator.                                                                                             
                                                                                                                                
REPRESENTATIVE CLAMAN  asked whether  the 45-47 percent  of family                                                              
members investigated  suggests the  legislation should  be looking                                                              
outside the family for more conservators than inside the family.                                                                
                                                                                                                                
MS. ELLIOTT  responded the  division does not  have an  opinion as                                                              
to  whether  a  family  member   would  or  would  not  perpetrate                                                              
financial  exploitation.   She remarked  that  her prior  response                                                              
was regarding  general financial  exploitation  reports, not  by a                                                              
conservator, that almost half are by family members.                                                                            
                                                                                                                                
1:25:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN assessed  that being  a family member  does                                                              
not prevent one from being accused of exploiting a senior.                                                                      
                                                                                                                                
MS. ELLIOTT responded "No, it does not."                                                                                        
                                                                                                                                
1:26:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG [noted that AS 13.26.210(b) read]:                                                                     
                                                                                                                                
     (b)  The  court  may  not  appoint  a  person  to  be  a                                                                   
     conservator of a protected person if the person                                                                            
                                                                                                                                
          (1) provides, or is likely to provide during the                                                                      
          conservatorship, substantial services to the                                                                          
          protected person in a professional or business                                                                        
          capacity, other than in the capacity of                                                                               
          conservator;                                                                                                          
                                                                                                                                
          (2) is or is likely to become, during the                                                                             
          conservatorship, a creditor of the protected                                                                          
          person,   other    than   in   the    capacity   of                                                                   
          conservator;                                                                                                          
                                                                                                                                
          (3)    is    likely    to    have,    during    the                                                                   
          conservatorship, interests that may conflict with                                                                     
          those of the protected person; or                                                                                     
                                                                                                                                
          (4) is employed by a person who would be                                                                              
          disqualified under (1) - (3) of this subsection.                                                                      
                                                                                                                                
REPRESENTATIVE   GRUENBERG  determined  that   (3)  is   what  the                                                              
division  is  getting  into  as  the  others  are  subsections  of                                                              
examples  of  people who  may  have  conflicts  of interest.    He                                                              
advised  that  subsection   [4]  is  whether  the   person  is  an                                                              
employee.   He surmised  the simplest way  of cutting  the Gordian                                                              
Knot is to  say the court may  not appoint a person  who is likely                                                              
to have, during  the conservatorship, interests that  may conflict                                                              
with  the protected  person,  or  be  employed by  "somebody  like                                                              
that."                                                                                                                          
                                                                                                                                
1:28:05 PM                                                                                                                    
                                                                                                                                
DARIN COLBRY advised  that his father is his  conservator, and his                                                              
wife's conservator is  a family friend.  He said  he preferred his                                                              
father  is  assigned  as  conservator   for  both  of  them.    He                                                              
explained that they  live with his parents, his  parents are aware                                                              
of  their needs  and  finances,  and he  and  his wife's  finances                                                              
could be  together rather  than separate.   Previously,  the court                                                              
deemed  that  his  father  could not  be  his  wife's  conservator                                                              
because  his wife lives  with his  parents, and  that his  parents                                                              
are basically rental  property owners because they  are renting to                                                              
Mr. Colbry and his wife.                                                                                                        
                                                                                                                                
CHAIR LEDOUX  closed public  testimony after  ascertaining  no one                                                              
further wanted to testify.                                                                                                      
                                                                                                                                
1:30:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  remarked he would  like to take  a brief                                                              
period  of  time  to  check  with  the  Uniform  Commissioners  to                                                              
understand  why [the  statute] was  drafted in  this manner  as it                                                              
appears cumbersome.                                                                                                             
                                                                                                                                
1:30:45 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised  HB 5 would be held over.   She requested Ms.                                                              
Elliott to work with Representative Gruenberg.                                                                                  
                                                                                                                                
CHAIR  LEDOUX  suggested   to  Ms.  Ethridge  that   the  division                                                              
reconsider its fiscal note.                                                                                                     
                                                                                                                                
1:31:41 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:31 to 1:34 p.m.                                                                            
                                                                                                                                
        HB  79-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                    
                                                                                                                                
1:34:21 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the final order of  business would be                                                              
HOUSE  BILL NO.  79  "An Act  relating to  controlled  substances;                                                              
relating  to marijuana; relating  to driving  motor vehicles  when                                                              
there  is  an  open marijuana  container;  and  providing  for  an                                                              
effective date."                                                                                                                
                                                                                                                                
1:34:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER moved  proposed  committee substitute  (CS)                                                              
to  HB 79,  Version 29-LS0409\P,  Martin, 2/9/15,  as the  working                                                              
document.   There being  no objections,  the committee  substitute                                                              
was before the committee.                                                                                                       
                                                                                                                                
1:35:56 PM                                                                                                                    
                                                                                                                                
THOMAS  BROWN,  Staff,  Representative  Gabrielle  LeDoux,  Alaska                                                              
State  Legislature,  advised  that [Version  P]  revises  Alaska's                                                              
criminal  statutes  to ensure  that  the  will  of the  people  is                                                              
respected  by "cleaning  up" some  of  the now-contradictory  laws                                                              
regarding  marijuana.   He  described the  version  as large  step                                                              
toward the goal of marijuana conduct being lawful.  Mr. Brown                                                                   
then paraphrased the following sectional analysis:                                                                              
                                                                                                                                
     LANGUAGE IN  UPPERCASE DESCRIBES CHANGES TO  THE SECTION                                                                   
     FROM THE PREVIOUS DRAFT                                                                                                    
                                                                                                                                
     Section 1 -  if an aircraft passenger or  crew member is                                                                   
     under   the  influence   of  marijuana   the  plane   is                                                                   
     forbidden from flying.                                                                                                     
                                                                                                                                
     Section  2 -  defines the  prohibition of  marijuana-use                                                                   
     as a condition for probation.                                                                                              
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 3 -  re-includes marijuana as a  substance which                                                                   
     a person may  not be under the influence of  and use ski                                                                   
     trails or equipment.                                                                                                       
                                                                                                                                
     Section 4 -  amends the licensing requirement  for nurse                                                                   
     practitioners  to   re-include  marijuana  abuse   as  a                                                                   
     condition for denial, suspension or revocation.                                                                            
                                                                                                                                
     Section 5  - removes  schedule 6A controlled  substances                                                                   
     from   the  list   of  agents   an  optometrist   cannot                                                                   
     prescribe.                                                                                                                 
                                                                                                                                
     Section  6   -  prohibits  pawnbrokers   from  knowingly                                                                   
     entering  into  a  transaction with  someone  under  the                                                                   
     influence of marijuana.                                                                                                    
                                                                                                                                
     Section   7  -   defines  illegal   activity   involving                                                                   
     marijuana as a reason for abatement of certain places.                                                                     
                                                                                                                                
     Section 8  - re-includes operating  a vehicle  under the                                                                   
     influence of marijuana as a serious criminal offense.                                                                      
                                                                                                                                
     Section  9 -  re-establishes  the liability  of  someone                                                                   
     who  commits  a  felony while  under  the  influence  of                                                                   
     marijuana for personal injury or wrongful death.                                                                           
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 10 -  re-establishes that someone driving  a car                                                                   
     not  under the  influence  of  marijuana or  driving  on                                                                   
     behalf of  someone reasonably  believed to be  under the                                                                   
     influence  of marijuana  cannot  be  held liable  beyond                                                                   
     the limits of their individual insurance policy.                                                                           
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  11   -  defines  marijuana  for   the  previous                                                                   
     section.                                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  12 -  re-establishes the  liability of  someone                                                                   
     driving under  the influence  of marijuana for  personal                                                                   
     injury or wrongful death.                                                                                                  
                                                                                                                                
     Section  13,   14  -  removes  schedule   6A  controlled                                                                   
     substances  from the  statutes  defining  murder in  the                                                                   
     second degree and murder of an unborn child.                                                                               
                                                                                                                                
     Section  15,   16  -  re-includes  marijuana   into  the                                                                   
     statutes  defining weapons misconduct  in the third  and                                                                   
     fourth degrees.                                                                                                            
                                                                                                                                
     Section  17,  18  - removes  marijuana  from  crimes  of                                                                   
     misconduct  with a  controlled  substance  in the  third                                                                   
     and fourth degrees.                                                                                                        
                                                                                                                                
     Section   19-24  -  amend   the  controlled   substances                                                                   
     advisory committee  substance schedules to  conform with                                                                   
     marijuana's new status.                                                                                                    
                                                                                                                                
     Section  25   -  specifies  marijuana  in   the  general                                                                   
     provisions definition of intoxication.                                                                                     
                                                                                                                                
     Section  26,   27  -  allows  for  the   prohibition  of                                                                   
     marijuana use as a condition for pre-trial release.                                                                        
                                                                                                                                
     Section  28  -  clarifying   definitions  of  marijuana,                                                                   
     accessories and products.                                                                                                  
                                                                                                                                
     Section  29 -  establishes that  law enforcement  agency                                                                   
     laboratory  reports  are  evidence   of  the  weight  of                                                                   
     marijuana.                                                                                                                 
                                                                                                                                
     Section  30,   31  -  allows  for  the   prohibition  of                                                                   
     marijuana  as an authorized  sentence or  for a term  of                                                                   
     probation.                                                                                                                 
                                                                                                                                
     Section  32 -  restrains the  court  from sentencing  to                                                                   
     imprisonment  defendants not on  parole or probation  to                                                                   
     be found in violation of statutes now inapplicable.                                                                        
     NEW SECTION.   IT  IS RECOMMENDED  THAT THIS SECTION  BE                                                                   
     REPEALED ENTIRELY.                                                                                                         
                                                                                                                                
     Section  33-36  - clarifies  that  marijuana  can be  an                                                                   
     aggravating  or mitigating factor  in the sentencing  of                                                                   
     certain crimes and defines marijuana.                                                                                      
     Section 37,  38 - clarifies  that synthetic  drugs which                                                                   
     resemble marijuana are illegal.                                                                                            
                                                                                                                                
     Section 39-41  - eliminates the requirement  to defer to                                                                   
     federal substance  scheduling standards  in the  case of                                                                   
     marijuana.                                                                                                                 
                                                                                                                                
     Section  42  -  directs  HSS   to  include  alcohol  and                                                                   
     marijuana  in the department's  educational programs  to                                                                   
     prevent and deter substance abuse.                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  43, 44 -  provides an  affirmative defense  for                                                                   
     registered caregivers  charged with offenses  related to                                                                   
     marijuana and  states the definition  of medical  use of                                                                   
     marijuana.                                                                                                                 
     DEFINED   STATUTE  HAS   BEEN   CHANGED  FROM   PREVIOUS                                                                   
     VERSION.                                                                                                                   
                                                                                                                                
     Section 45 -  establishes that a person 21  years of age                                                                   
     or  older  may  own,  operate,  be an  agent  of  or  be                                                                   
     employed  by  a  retail marijuana  store  with  a  valid                                                                   
     registration and  perform all of the related  duties and                                                                   
     activities and  not be prosecuted  for it or have  it be                                                                   
     a basis for seizure or forfeiture.                                                                                         
     "NOTWITHSTANDING  ANY OTHER PROVISION  OF LAW"  HAS BEEN                                                                   
     DELETED FROM  THIS SECTION  BECAUSE IT DOES  NOT CONFORM                                                                   
     WITH  MANY  STANDARD  DRAFTING   CONVENTIONS  AND  COULD                                                                   
     SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.                                                                            
                                                                                                                                
     Section 46 -  establishes that a person 21  years of age                                                                   
     or  older  may  own,  operate,  be an  agent  of  or  be                                                                   
     employed  by a  marijuana  cultivation  facility with  a                                                                   
     valid  registration  and  perform  all  of  the  related                                                                   
     duties and  activities and not  be prosecuted for  it or                                                                   
     have it be a basis for seizure or forfeiture.                                                                              
     "NOTWITHSTANDING  ANY OTHER PROVISION  OF LAW"  HAS BEEN                                                                   
     DELETED FROM  THIS SECTION  BECAUSE IT DOES  NOT CONFORM                                                                   
     WITH  MANY  STANDARD  DRAFTING   CONVENTIONS  AND  COULD                                                                   
     SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.                                                                            
                                                                                                                                
     Section 47 -  establishes that a person 21  years of age                                                                   
     or  older  may  own,  operate,  be an  agent  of  or  be                                                                   
     employed by  a marijuana product manufacturing  facility                                                                   
     with  a  valid  registration  and  perform  all  of  the                                                                   
     related  duties and  activities  and  not be  prosecuted                                                                   
     for  it   or  have  it  be   a  basis  for   seizure  or                                                                   
     forfeiture.                                                                                                                
     "NOTWITHSTANDING  ANY OTHER PROVISION  OF LAW"  HAS BEEN                                                                   
     DELETED FROM  THIS SECTION  BECAUSE IT DOES  NOT CONFORM                                                                   
     WITH  MANY  STANDARD  DRAFTING   CONVENTIONS  AND  COULD                                                                   
     SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.                                                                            
                                                                                                                                
     Section 48 -  establishes that a person 21  years of age                                                                   
     or  older  may  own,  operate,  be an  agent  of  or  be                                                                   
     employed by  a marijuana testing  facility with  a valid                                                                   
     registration and  perform all of the related  duties and                                                                   
     activities and  not be prosecuted  for it or have  it be                                                                   
     a basis for seizure or forfeiture.                                                                                         
     "NOTWITHSTANDING  ANY OTHER PROVISION  OF LAW"  HAS BEEN                                                                   
     DELETED FROM  THIS SECTION  BECAUSE IT DOES  NOT CONFORM                                                                   
     WITH  MANY  STANDARD  DRAFTING   CONVENTIONS  AND  COULD                                                                   
     SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.                                                                            
                                                                                                                                
     Section 49  - technical changes to initiative  language.                                                                   
     "NOTWITHSTANDING  ANY OTHER PROVISION  OF LAW"  HAS BEEN                                                                   
     DELETED FROM  THIS SECTION  BECAUSE IT DOES  NOT CONFORM                                                                   
     WITH  MANY  STANDARD  DRAFTING   CONVENTIONS  AND  COULD                                                                   
     SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.                                                                            
                                                                                                                                
     Section   50  -  describes   the  crime  of   misconduct                                                                   
     involving marijuana  in the first degree  and classifies                                                                   
     it  as a  class A  misdemeanor; describes  the crime  of                                                                   
     misconduct  involving  marijuana  in the  second  degree                                                                   
     and classifies  it as a  class B misdemeanor;  describes                                                                   
     the  crimes of  misconduct  involving  marijuana in  the                                                                   
     third  and   fourth  degrees  and  classifies   them  as                                                                   
     violations;  allows for  bail  forfeiture for  marijuana                                                                   
     related  violations;   describes  offenses   defined  by                                                                   
     amounts;  provides   for  an  affirmative   defense  for                                                                   
     medical    marijuana    related    offenses;    provides                                                                   
     definitions.                                                                                                               
     REDEFINES POSSESSION  TO 4 OZ INSTEAD OF 1  OZ FOR FIRST                                                                   
     DEGREE,  MAKES  POSSESSION  OF BETWEEN  7-24  PLANTES  A                                                                   
     SECOND DEGREE,  MAKES POSSESSION  BY UNDER MINORS  UNDER                                                                   
     18 A  THIRD DEGREE, ALLOWS  UNDER 21 YEAR OLDS  TO ENTER                                                                   
     A  MARIJUANA ESTABLISHMENT  AT  THE REQUEST  OF A  PEACE                                                                   
     OFFICER,  MANDATES PEOPLE  TRANSPORTING MORE  THAN 1  OZ                                                                   
     OF MARIJUANA  TO KEEP THEIR REGISTRATION ON  THEM AT ALL                                                                   
     TIMES AND  TO PROVIDE IT  FOR INSPECTION WHEN  REQUESTED                                                                   
     BY  A   PEACE  OFFICER,   ESTABLISHES  THE   CALCULATION                                                                   
     MEASURES   FOR  LIVE   MARIJUANA   PLANTS,  ALLOWS   FOR                                                                   
     REHABILITATION  OF OFFENDERS, RESTRICTS  PROSECUTION FOR                                                                   
     PERSONS  RELATED  TO  OVERDOSE,   DEFINES  WHAT  MAY  BE                                                                   
     FORFEITED OR SEIZED IN RELATION TO MARIJUANA OFFENSES.                                                                     
                                                                                                                                
     Section 51 - defines marijuana.                                                                                            
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  52   -  defines  associated   terms,  including                                                                   
     manufacture  of  marijuana  and  marijuana  concentrate.                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  53 - allows  for protective  orders to  require                                                                   
     the  respondent   to  participate  in   marijuana  abuse                                                                   
     treatment programs.                                                                                                        
                                                                                                                                
     Section   54,  55   -  prohibits   the  violent   crimes                                                                   
     compensation  board  from  denying  a  victim  based  on                                                                   
     their  use  of marijuana  or  from  being injured  in  a                                                                   
     vehicle  operated  by  someone under  the  influence  of                                                                   
     marijuana.                                                                                                                 
                                                                                                                                
     Section 56 -  for insurance purposes defines  drug abuse                                                                   
     to include marijuana dependency.                                                                                           
                                                                                                                                
     Section  57 -  prohibits  actions against  the  employer                                                                   
     for actions based on the result of the test.                                                                               
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 58  - prohibits  employers from knowingly  using                                                                   
     the results of flawed tests as a basis for action.                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  59  -  prohibits  action  against  an  employer                                                                   
     based on the results of a false negative test.                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 60  - prohibits action  against an employer  for                                                                   
     not testing for marijuana.                                                                                                 
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 61  - prohibits action  against an employer  for                                                                   
     defamation,  slander  or libel  due to  their  use of  a                                                                   
     marijuana test.                                                                                                            
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  62   -  prohibits  employers   from  conducting                                                                   
     marijuana  testing  without  first  adopting  a  written                                                                   
     policy and properly informing employees.                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  63  -  describes   what  a  written  policy  on                                                                   
     marijuana testing should consist of.                                                                                       
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  64 -  allows employers  to  test for  marijuana                                                                   
     use.                                                                                                                       
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  65  -  describes  the  parameters  of  employer                                                                   
     marijuana testing.                                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  66   -  statement  of  how  to   interpret  the                                                                   
     previous sections regarding marijuana testing.                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  67  - allows  employers  to test  employees  or                                                                   
     potential employees for marijuana.                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  68 -  describes when  a marijuana  test may  be                                                                   
     scheduled by employers.                                                                                                    
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 69 -  requires employers to pay the  entire cost                                                                   
     for marijuana testing.                                                                                                     
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  70  -  requires  collection   and  testing  for                                                                   
     marijuana  samples   to  be  performed   under  sanitary                                                                   
     conditions and for the documentation thereof.                                                                              
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  71 - allows  for on-site  marijuana testing  by                                                                   
     employers  and  requires  employers   to  use  only  FDA                                                                   
     approved equipment.                                                                                                        
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  72 -  describes  the training  requirements  of                                                                   
     marijuana test administrators.                                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   73  -  describes   the  allowed   disciplinary                                                                   
     procedures  an employer  may take based  on the  results                                                                   
     of marijuana tests.                                                                                                        
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 74  - requires the confidentiality  of marijuana                                                                   
     test results and describes possible exceptions.                                                                            
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  75   -  describes  the  benefits   received  by                                                                   
     employers obligated to test employees.                                                                                     
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 76 -  defines marijuana for the purposes  of the                                                                   
     preceding sections.                                                                                                        
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 77,  78 - prohibits workers  compensation claims                                                                   
     by  employees   whose  injuries   were  caused   by  the                                                                   
     intoxication of marijuana.                                                                                                 
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 79  - allows for  parental visitation  rights to                                                                   
     be conditioned on the abstention of marijuana use.                                                                         
                                                                                                                                
     Section  80  -  Provisions   uniform  throughout  state,                                                                   
     includes  "marijuana"  in the  list of  substances  that                                                                   
     could  incur DUIs,  pertaining to  the requirement  that                                                                   
     ignition interlock  devices must  be applied to  all DUI                                                                   
     crimes.                                                                                                                    
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  81   -  Persons  not   to  be  licensed,   adds                                                                   
     "marijuana"  to the  list of  substances  that, if  used                                                                   
     habitually  to the degree that  the person is  incapable                                                                   
     of  safely   driving,  precludes  the   department  from                                                                   
     issuing a driver's license to that person.                                                                                 
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   82  -   Licensing  of   school  bus   drivers,                                                                   
     pertaining  to  disqualifications  from being  issued  a                                                                   
     school  bus driver's  license, adds  "marijuana" to  the                                                                   
     list  of  substances  that   can  incur  a  DUI.  Mainly                                                                   
     conforming language to the DUI statutes.                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   83  -   Licensing  of   school  bus   drivers,                                                                   
     pertaining  to persons  permitted  to  receive a  school                                                                   
     bus driver's  license, adds  "marijuana" to the  list of                                                                   
     substances that can incur a DUI.                                                                                           
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   84   -   Examination   of   applicants,   adds                                                                   
     "marijuana"  to  the  list   of  substances  that  every                                                                   
     applicant  for a driver's  license must  undergo a  test                                                                   
     of the  applicant's  knowledge of the  laws and  effects                                                                   
     of list of substances.                                                                                                     
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 85 -  a person applying for a new  license after                                                                   
     expiration  of  the  person's  license  on  reaching  21                                                                   
     years  of  age  must  pass  a  test  regarding  alcohol,                                                                   
     marijuana,  and drug awareness  and safety and  the laws                                                                   
     relating  to  alcohol,  marijuana,  drugs,  and  driving                                                                   
     before the license may be issued or renewed.                                                                               
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section    86   -    Administrative   revocations    and                                                                   
     disqualifications   resulting  from  chemical   sobriety                                                                   
     tests and refusals to submit to tests.                                                                                     
     NEW SECTIONS.                                                                                                              
                                                                                                                                
     Section 87  - Administrative review of  revocation, adds                                                                   
     "marijuana" to  the list of substances that  can incur a                                                                   
     DUI.                                                                                                                       
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  88 -  Administrative revocation  of license  to                                                                   
     drive   for  consumption  or   possession  of   alcohol,                                                                   
     marijuana,  or drugs,  adds "marijuana"  to the  section                                                                   
     title.                                                                                                                     
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  89   -  Court  suspensions,   revocations,  and                                                                   
     limitations.   Adds   "marijuana"   to   the   list   of                                                                   
     substances  that  can  incur  a DUI  or  refusal,  which                                                                   
     leads  to immediate  license  revocation, if  convicted.                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  90 -  Administrative revocation  of license  to                                                                   
     drive,  includes  "marijuana"  into  the  administrative                                                                   
     license revocation  statutes as it relates to  the crime                                                                   
     of  a   minor  operating   a  vehicle  after   consuming                                                                   
     alcohol.                                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  91 -  Administrative revocation  of license  to                                                                   
     drive,   adds    "marijuana"   and   "marijuana    abuse                                                                   
     treatment"  to ensure  that the  juvenile ASAP  program,                                                                   
     if required  before issuing a new license,  is waived if                                                                   
     marijuana  treatment is  unavailable  where that  person                                                                   
     resides.                                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 92  - Administrative  review of revocation  of a                                                                   
     minor's  license,   adds  "marijuana"  to   a  provision                                                                   
     referencing  the crime  of a minor  operating a  vehicle                                                                   
     after consuming alcohol.                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  93   -  Court  and  parole  board   reports  to                                                                   
     department;  surrender  of   license  or  identification                                                                   
     card, adds "marijuana"  to provide that the  court shall                                                                   
     report to the  department every legal change  of name of                                                                   
     any  person considered  to  be afflicted  with a  mental                                                                   
     disability   or  is   an  habitual   user  of   alcohol,                                                                   
     marijuana, or another drug.                                                                                                
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  94   -  Court  and  parole  board   reports  to                                                                   
     department;  surrender  of   license  or  identification                                                                   
     card,  adds  "marijuana"  to  the section  of  law  that                                                                   
     requires  the  court  to surrender  someone's  ID  card,                                                                   
     enable  the  court to  order  a person  from  refraining                                                                   
     from  marijuana  consumption,  in the  same  fashion  as                                                                   
     alcohol,  as part  of a  sentence  for conviction  under                                                                   
     28.35.030, 28.35.032, or some other similar thing.                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  95   -  Court  and  parole  board   reports  to                                                                   
     department;  surrender  of   license  or  identification                                                                   
     card,  adds   "marijuana"  to  a  statute   relating  to                                                                   
     conditions of parole and notification.                                                                                     
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  96  -  Fees,  adds  "marijuana"  to  a  statute                                                                   
     relating to  the issuance of  new licenses to  replace a                                                                   
     cancelled   license  due   to   being  restricted   from                                                                   
     purchasing  alcohol. If the  person has been  ordered to                                                                   
     refrain from  consuming alcoholic beverages  under Title                                                                   
     4.                                                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 97 -  Proof of financial responsibility  for the                                                                   
     future,  adds  "marijuana"  to the  list  of  substances                                                                   
     that can incur a DUI or refusal charge.                                                                                    
                                                                                                                                
     Section  98  -  Operating  a  commercial  motor  vehicle                                                                   
     while  under the  influence  of an  alcoholic  beverage,                                                                   
     marijuana, inhalant, or controlled substance.                                                                              
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   99  -   Implied  consent   for  operators   of                                                                   
     commercial   motor   vehicles,   adds   "marijuana"   to                                                                   
     statutes relating to DUI and refusal.                                                                                      
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  100 - Out-of-service  orders, adds  "marijuana"                                                                   
     to  the list  of  substances  that are  prohibited  from                                                                   
     being consumed  in the past  four hours while  operating                                                                   
     a   commercial  motor   vehicle.   This  also   includes                                                                   
     possession  of   marijuana,  unless  the   marijuana  is                                                                   
     manifested  and  documented  as part  of  an  authorized                                                                   
     shipment of cargo.                                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 101  - Conviction resulting in  disqualification                                                                   
     from  driving commercial  vehicle,  adds "marijuana"  to                                                                   
     offenses    that     are    grounds    for     immediate                                                                   
     disqualification   from  driving   a  commercial   motor                                                                   
     vehicle.                                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  102 - Defines  "marijuana"  as having the  same                                                                   
     meaning given in AS 17.38.900.                                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   103   -  Court-ordered   treatment,   includes                                                                   
     "marijuana"  into  the  definitions   of  "court-ordered                                                                   
     treatment program" and "treatment plan."                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  104 - Open  container, provides  that a  person                                                                   
     may  not drive  a motor vehicle  when there  is an  open                                                                   
     marijuana container in the passenger compartment.                                                                          
                                                                                                                                
     Section 105  - Open container, creates exceptions  to an                                                                   
     open marijuana  container being in the vehicle,  such as                                                                   
     when  the container  is  in the  trunk  of the  vehicle,                                                                   
     behind  the  last  upright  seat  in  certain  vehicles,                                                                   
     behind  a  solid partition  that  separates  the  driver                                                                   
     from  the  passengers,  or certain  types  of  passenger                                                                   
     vehicles.                                                                                                                  
                                                                                                                                
     Section 106  - Open  container, defines "open  marijuana                                                                   
     container" as  a receptacle that contains  marijuana and                                                                   
     is open  and there is  evidence that marijuana  has been                                                                   
     consumed in the vehicle.                                                                                                   
                                                                                                                                
     Section   107  -  Operating   a  vehicle,  aircraft   or                                                                   
     watercraft  while under  the influence  of an  alcoholic                                                                   
     beverage,  inhalant,   or  controlled  substance,   adds                                                                   
     "marijuana" to the DUI statutes.                                                                                           
                                                                                                                                
     Section   108  -  Operating   a  vehicle,  aircraft   or                                                                   
     watercraft  while under  the influence  of an  alcoholic                                                                   
     beverage,  inhalant,   or  controlled  substance,   adds                                                                   
     "marijuana" to the DUI statutes.                                                                                           
                                                                                                                                
     Section 109  - Implied consent, adds "marijuana"  to the                                                                   
     list  of substances  associated  with DUI.  A person  is                                                                   
     considered to  have given consent to a chemical  test if                                                                   
     lawfully   arrested  for  driving   impaired  on   those                                                                   
     substances.                                                                                                                
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 110  - Implied consent, adds "marijuana"  to the                                                                   
     implied  consent statute. With  probable cause,  consent                                                                   
     is implied  to test blood or  urine for the  presence of                                                                   
     marijuana if  the person is involved in a  motor vehicle                                                                   
     accident  that causes death  or serious physical  injury                                                                   
     to another person.                                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 111  - Refusal to submit to chemical  test, adds                                                                   
     "marijuana" to the refusal statutes.                                                                                       
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  112  -  amends  AS   28.35.032(e)  (Refusal  to                                                                   
     submit to  chemical test) to  conform to the  removal of                                                                   
     marijuana  from  inclusion  under the  definition  of  a                                                                   
     "controlled   substance"   by   separately   identifying                                                                   
     "marijuana"  as a substance  falling within the  purview                                                                   
     of the subsection.                                                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 113  - amends AS 28.35.033(a)  (Presumptions and                                                                   
     chemical  analysis of  breath  or blood)  to conform  to                                                                   
     the  removal  of  marijuana  from  inclusion  under  the                                                                   
     definition  of a  "controlled  substance" by  separately                                                                   
     identifying  "marijuana" as  a substance falling  within                                                                   
     the  purview of the  subsection; and  makes a  stylistic                                                                   
     change by amending  AS 28.35.033(a)(1), (2),  and (3) by                                                                   
     substituting  the new term  "for each" for the  existing                                                                   
     term  "per"  with  respect  to measuring  the  ratio  of                                                                   
     alcohol  present in  a person's blood  to that  person's                                                                   
     blood  volume and with  respect to  measuring the  ratio                                                                   
     of  alcohol  present  in  a   person's  breath  to  that                                                                   
     person's breath volume.                                                                                                    
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  114 -  amends AS  28.35.035(a)  (Administration                                                                   
     of chemical  tests without  consent)  to conform to  the                                                                   
     removal   of   marijuana  from   inclusion   under   the                                                                   
     definition  of a  "controlled  substance" by  separately                                                                   
     identifying  "marijuana" as  a substance falling  within                                                                   
     the purview of the subsection.                                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  115 -  amends AS  28.35.035(b)  (Administration                                                                   
     of chemical  tests without  consent)  to conform to  the                                                                   
     removal   of   marijuana  from   inclusion   under   the                                                                   
     definition  of a  "controlled  substance" by  separately                                                                   
     identifying  "marijuana" as  a substance falling  within                                                                   
     the purview of the subsection.                                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  116  -  amends  AS  28.35.039(1)  (Definitions:                                                                   
     Alcohol  safety and  controlled  substances) to  include                                                                   
     marijuana as  a substance coming  within the  purview of                                                                   
     the subsection ("alcohol safety action program").                                                                          
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section   117  -  amends   AS  28.35.039   (Definitions:                                                                   
     Marijuana)   by   adding    a   new   paragraph   giving                                                                   
     "marijuana" the meaning set forth in AS 17.38.900.                                                                         
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 118  - amends  AS 28.35.280(a) (Minor  operating                                                                   
     a  vehicle  after  consuming   alcohol)  by  adding  the                                                                   
     consumption  of  marijuana to  the  offense of  a  minor                                                                   
     operating  a   vehicle  after  consuming   alcohol  (any                                                                   
     quantity  of  either substance).  The  section  includes                                                                   
     the   operation   of  motor   vehicles,   aircraft,   or                                                                   
     watercraft.  It  permits  a peace  officer  acting  with                                                                   
     probable  cause   to  place  the  minor   under  arrest,                                                                   
     request  that  he  or  she  submit  to  chemical  tests,                                                                   
     including,  in  the  case  of  marijuana,  the  test  of                                                                   
     "blood  or urine  for  the  purpose of  determining  the                                                                   
     marijuana content  of the person's blood or  urine"; and                                                                   
     transport the person to a testing site.                                                                                    
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 119  - amends  AS 28.35.280(b) (Minor  operating                                                                   
     a  vehicle  after  consuming alcohol)  by  treating  the                                                                   
     discovery of  marijuana in a  minor's blood as  the same                                                                   
     as  discovering   alcohol  in   a  minor's  blood   (any                                                                   
     quantity of either substance).                                                                                             
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section 120  - amends  AS 28.35.280(d) (Minor  operating                                                                   
     a  vehicle  after  consuming   alcohol)  by  making  the                                                                   
     infraction  of  a  "minor   operating  a  vehicle  after                                                                   
     consuming  alcohol"  applicable  to minors  operating  a                                                                   
     vehicle  after consuming marijuana.  The amendment  adds                                                                   
     the  word   "marijuana"  where  appropriate   to  ensure                                                                   
     commensurate  applicability  of the  section to  alcohol                                                                   
     and  marijuana.  The amendment  also  makes  grammatical                                                                   
     changes.                                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  121 -  amends AS  28.35.285(a) (Minors  refusal                                                                   
     to submit to  chemical test) by adding marijuana  to the                                                                   
     section  and by adding  the provision  that the  refusal                                                                   
     to  submit to  a  chemical test  of  a person's  breath,                                                                   
     "blood,  or urine" is  a violation  subject to the  same                                                                   
     caveats and  conditions attending  a minor's refusal  to                                                                   
     submit  to  a request  of  a  peace officer  to  undergo                                                                   
     chemical testing.                                                                                                          
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  122 -  amends AS  28.35.285(c) (Minors  refusal                                                                   
     to submit to  chemical test) by adding marijuana  to the                                                                   
     existing  evidentiary rule  regarding a minor's  refusal                                                                   
     to submit to a chemical test authorized by law.                                                                            
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  123 -  amends AS  28.35.285(d) (Minors  refusal                                                                   
     to submit to  chemical test) by adding "blood  or urine"                                                                   
     to the type  of chemical tests described in  the section                                                                   
     (breath)  and  by  adding marijuana  to  the  provisions                                                                   
     addressing  treatment  and work-service.  The  amendment                                                                   
     also makes grammatical changes.                                                                                            
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  124 -  amends AS  28.35.290(a) (Driving  during                                                                   
     the 24  hours after  being cited  for alcohol or  breath                                                                   
     test offenses)  by adding marijuana  to the  section and                                                                   
     treating  marijuana  the  same   as  alcohol  under  the                                                                   
     section.                                                                                                                   
     NEW SECTION.                                                                                                               
                                                                                                                                
     Section  125 -  amends AS  28.35.290(b) (Driving  during                                                                   
     the 24  hours after  being cited  for alcohol or  breath                                                                   
     test offenses)  by adding marijuana  to the  section and                                                                   
     treating  marijuana  the  same   as  alcohol  under  the                                                                   
     section. The amendment also makes grammatical changes.                                                                     
                                                                                                                                
     Section  126   -  amends  AS  28.37.140(a)   (Effect  of                                                                   
     conviction  in party state)  by adding marijuana  to the                                                                   
     list of intoxicating substances.                                                                                           
                                                                                                                                
     Section 127  - amends AS  29.10.200 (Limitation  of home                                                                   
     rule powers)  by adding subsection (65)  (general powers                                                                   
     of  municipalities),   which  refers  to   AS  29.35.148                                                                   
     (marijuana).                                                                                                               
                                                                                                                                
     Section  128 -  amends AS  29.35  (Municipal powers  and                                                                   
     duties)  to include a  new section  to Article 1,  which                                                                   
     reserves to  the state, except as specifically  provided                                                                   
     by  statute, the  authority to  regulate marijuana.  The                                                                   
     new  section  specifies  that  a  municipality  may  not                                                                   
     enact  or  enforce  an ordinance  that  is  inconsistent                                                                   
     with  AS 17.38.  The section  applies to  home rule  and                                                                   
     general law municipalities.                                                                                                
                                                                                                                                
     Section  129 -  amends AS  33.16.060(c)  (Duties of  the                                                                   
     board  of   parole)  to  conform   to  the   removal  of                                                                   
     marijuana  from  inclusion  under the  definition  of  a                                                                   
     "controlled   substance"   by   separately   identifying                                                                   
     "marijuana"  as a substance  falling within the  purview                                                                   
     of the subsection.                                                                                                         
                                                                                                                                
     Section  130 -  amends  AS 33.16.150(b)  (conditions  of                                                                   
     parole)  to conform  to the  removal  of marijuana  from                                                                   
     inclusion   under  the  definition   of  a   "controlled                                                                   
     substance"  by separately identifying  "marijuana"  as a                                                                   
     substance falling  within the purview of  the subsection                                                                   
     and  by  treating  marijuana   in  the  same  manner  as                                                                   
     alcohol  under  the  section. The  amendment  also  adds                                                                   
     subsection (b)(11)  which permits prohibiting  the entry                                                                   
     into  an  establishment  where   marijuana  is  sold  or                                                                   
     otherwise dispensed as a condition of parole.                                                                              
                                                                                                                                
     Section  131 -  amends AS  33.16.900(3) (Definitions  --                                                                   
     Board,   Commissioner,   controlled   Substance,   crime                                                                   
     against  person, crime involving  domestic violence)  by                                                                   
     defining  "controlled  substance"  as  a  substance  set                                                                   
     forth  in the  schedules  at  AS 11.71.140  -  11.71.180                                                                   
     (replacing  references  to  AS 11.71.140  -  11.71.190).                                                                   
     This  amendment  makes  the  definition  of  "controlled                                                                   
     substance"  consistent  with  the removal  of  marijuana                                                                   
     from the controlled substance schedules.                                                                                   
                                                                                                                                
     Section   132   -   amends   AS   33.30.015(a)   (Living                                                                   
     conditions   for   prisoners)   by   adding   subsection                                                                   
     (a)(3)(k) which  denies the commissioner  of corrections                                                                   
     the ability  to permit a prisoner  in a state  prison to                                                                   
     use marijuana or marijuana products.                                                                                       
                                                                                                                                
     Section  133  -  amends  AS   33.30.065(b)  (Service  of                                                                   
     sentence by  electronic monitoring) adding  marijuana to                                                                   
     the  list of substances  falling within  the purview  of                                                                   
     the subsection  (considerations for determining  whether                                                                   
     electronic monitoring is appropriate).                                                                                     
                                                                                                                                
     Section 134  - amends AS 34.03.120 (Tenant  obligations-                                                                   
     Landlord Tenant  Act) by including "an  illegal activity                                                                   
     involving  marijuana"  in   the  list  of  activities  a                                                                   
     tenant may not knowingly engage in on rented premises.                                                                     
                                                                                                                                
     Section 135  - amends  AS 34.03.360(7) (Landlord  Tenant                                                                   
     Act  Definitions --  Abandonment,  Building and  housing                                                                   
     codes,  dwelling unit,  fair rental  value, good  faith)                                                                   
     by  removing from  the definition  of "illegal  activity                                                                   
     involving  a controlled substance"  the reference  to AS                                                                   
     11.71.040(a)(2) (the  provision which makes  marijuana a                                                                   
     schedule  VIA  drug-a  designation   removed  under  the                                                                   
     instant version of SB 30).                                                                                                 
                                                                                                                                
     Section  136  -  amends  AS  34.03.360(24)-  Definitions                                                                   
     (Landlord  Tenant Act  -- Illegal  activity involving  a                                                                   
     controlled substance)  by adding subsection  (24), which                                                                   
     defines   the   phrase   "illegal   activity   involving                                                                   
     marijuana" to mean a violation of AS 17.38.200(a)(2).                                                                      
                                                                                                                                
     Section   137   -   amends   AS   34.05.100(a)   (Tenant                                                                   
     responsibilities  in premise  not subject  to AS  34.03)                                                                   
     by including  "an illegal activity involving  marijuana"                                                                   
     in the  list of activities  a tenant who is  not subject                                                                   
     to the Landlord  Tenant Act may not knowingly  engage in                                                                   
     on rented premises.                                                                                                        
                                                                                                                                
     Section   138  -  amends   AS  34.05.100(d)(1)   (Tenant                                                                   
     responsibilities in  premise not subject to AS  34.03 --                                                                   
     Illegal   activity)   by    adding   "illegal   activity                                                                   
     involving marijuana"  to the list of terms  assigned the                                                                   
     definition  provided in  AS  34.03.360 (Landlord  Tenant                                                                   
     Act).                                                                                                                      
                                                                                                                                
     Section 139  - amends  AS 44.19.645(a) (Alaska  Criminal                                                                   
     Justice  Commission)  by  directing  the  Commission  to                                                                   
     take into  account the  new SB  30 Version I  controlled                                                                   
     substances sections  AS 11.71.140 - 11.71.180  (removing                                                                   
     marijuana  from  the  controlled  substances  schedules)                                                                   
     when   making  its   assessment  of   the  efficacy   of                                                                   
     sentencing laws and criminal justice practices.                                                                            
                                                                                                                                
     Section  140 - amends  AS 47.10.900(17)  (Child in  Need                                                                   
     of Aid  Definitions --  Intoxicant) by adding  marijuana                                                                   
     to the definition of "intoxicant."                                                                                         
                                                                                                                                
     Section  141   -  amends  AS  47.12.030(b)   (Delinquent                                                                   
     minors)  by  adding  subsection 7,  which  includes  the                                                                   
     violations  described  in AS  17.38.220(a)(3)  (relating                                                                   
     to  the possession,  use, or  display  of marijuana)  to                                                                   
     the  section's  exclusion  of  such  offenses  from  the                                                                   
     Alaska  Delinquency Rules  and the  other provisions  of                                                                   
     Title  47,   Chapter  12.  This  provision   effectively                                                                   
     places  a violation  of AS  17.38.220(a)(3) in  District                                                                   
     Court subject  to the same  procedures and sanctions  as                                                                   
     an adult.                                                                                                                  
                                                                                                                                
     Section  142   -  amends  AS  47.17.024(a)   (Duties  of                                                                   
     practitioners  of the  healing arts)  to conform to  the                                                                   
     removal   of   marijuana  from   inclusion   under   the                                                                   
     definition  of a  "controlled  substance" by  separately                                                                   
     identifying  "marijuana" as  a substance falling  within                                                                   
     the  purview   of  the   subsection  (requirement   that                                                                   
     practitioner  notify  closest  office of  Department  of                                                                   
     Health  and Social Services  if practitioner  determines                                                                   
     infant adversely affected).                                                                                                
                                                                                                                                
     Section  143  -  amends  AS  47.37.010  (Declaration  of                                                                   
     policy)  to include  the use of  marijuana, in  addition                                                                   
     to  alcohol,  in  the  State's  policy  of  recognizing,                                                                   
     appreciating,  and  reinforcing  examples  of  sobriety;                                                                   
     and  in   its  policy  of  not  criminally   prosecuting                                                                   
     "alcoholics  and intoxicated  persons  . .  . for  their                                                                   
     consumption  of   alcoholic  beverages   or  marijuana,"                                                                   
     finding treatment to be a better option.                                                                                   
                                                                                                                                
     Section   144  -   amends   AS  47.37.030   (Powers   of                                                                   
     Department  of Health  and  Social Services)  by  adding                                                                   
     "marijuana  abuse"   to  the  list  of   prevention  and                                                                   
     treatment  programs  the  Department   is  empowered  to                                                                   
     establish and  maintain; in addition,  treats "marijuana                                                                   
     abusers"  throughout  subsections   in  same  manner  as                                                                   
     alcoholics and persons addicted to other substances.                                                                       
                                                                                                                                
     Section   145  -   amends   AS  47.37.040   (Duties   of                                                                   
     Department  of Health  and  Social Services)  by  adding                                                                   
     "marijuana  abuse" and "marijuana  abusers" to  the list                                                                   
     of  types  of  activity  for  which  the  Department  is                                                                   
     required to implement prevention-of-abuse programs.                                                                        
                                                                                                                                
     Section  146   -  amends  AS  47.37.170(b)   (Protective                                                                   
     custody) by  including marijuana  in the list  of causes                                                                   
     of incapacitation  requiring peace officers to  take the                                                                   
     incapacitated   person  into   protective  custody   and                                                                   
     deliver   the  incapacitated   person  to  a   treatment                                                                   
     facility  or secure facility.  Minors are not  permitted                                                                   
     to be placed in jail or other secure facility.                                                                             
                                                                                                                                
     Section  147  -  amends  AS  47.37.170(d)  by  including                                                                   
     marijuana in  the list of  causes of incapacitation  for                                                                   
     which  an incapacitated  person may  not be held  beyond                                                                   
     his or  her period of  incapacitation, or for  more than                                                                   
     48 hours in any event, at a facility.                                                                                      
                                                                                                                                
     Section  148 -  amends  AS 47.37.170(f)  (Treatment  and                                                                   
     services   for    intoxicated   persons    and   persons                                                                   
     incapacitated  by alcohol or  drugs) by specifying  that                                                                   
     marijuana  is  to  be  treated in  the  same  manner  of                                                                   
     alcohol:  to wit, if  a person  is not incapacitated  by                                                                   
     marijuana  (and   other  enumerated  substances),   that                                                                   
     person, if  admitted to an approved  treatment facility,                                                                   
     can  request  that  his  or  her  next  of  kin  not  be                                                                   
     notified.                                                                                                                  
                                                                                                                                
     Section  149 -  amends AS  47.37.170(g)  (No action  for                                                                   
     damages)   by  including  marijuana   in  the   list  of                                                                   
     incapacitating   substances   which,   if   causing   an                                                                   
     incapacitated   person  to   be   taken  into   custody,                                                                   
     prevents  an  incapacitated   person  from  bringing  an                                                                   
     action  for  damages,  unless  damages  were  caused  by                                                                   
     gross negligence or intentional misconduct.                                                                                
                                                                                                                                
     Section  150   -  amends  AS  47.37.170(i)   (Detention)                                                                   
     adding marijuana  incapacitation to the  rules governing                                                                   
     length of  time an incapacitated  person may be  held in                                                                   
     a detention facility.                                                                                                      
                                                                                                                                
     Section   151  -  amends   AS  47.37.180(a)   (Emergency                                                                   
     commitment)  by adding  incapacitation  by marijuana  to                                                                   
     the list  of incapacitating substances that  qualify for                                                                   
     committing  an  incapacitated   person  to  an  approved                                                                   
     public treatment facility for emergency treatment.                                                                         
                                                                                                                                
     Section  152  -  amends  AS   47.37.190(a)  (Involuntary                                                                   
     commitment)   by  adding  marijuana   to  the   list  of                                                                   
     substances  which,  if  abused, can,  along  with  other                                                                   
     criteria, form the basis for involuntary commitment.                                                                       
                                                                                                                                
     Section  153 -  amends  AS 47.37.205(a)  (Procedure  for                                                                   
     recommitment  following  30-day  commitment)  by  adding                                                                   
     marijuana to  the list of  substances which,  if abused,                                                                   
     can,  along  with other  criteria,  form the  basis  for                                                                   
     extended involuntary commitment.                                                                                           
                                                                                                                                
     Section  154 -  amends AS  47.37.270(1) (Definitions  --                                                                   
     Alcoholic  or  drug  abuser,  commissioner,  department,                                                                   
     drugs) by  including marijuana  and marijuana abuser  in                                                                   
     the defined terms.                                                                                                         
                                                                                                                                
     Section  155 -  amends AS  47.37.270(4) (Definitions  --                                                                   
     Drugs)  by defining  the term  "drugs"  in reference  to                                                                   
     statutes  which   no  longer  include  marijuana   as  a                                                                   
     controlled or scheduled substance.                                                                                         
                                                                                                                                
     Section  156 -  amends AS  47.37.270(7) (Definitions  --                                                                   
     incapacitated   by   alcohol,   marijuana)   by   adding                                                                   
     marijuana  to the  definition  of what  it  means to  be                                                                   
     incapacitated.                                                                                                             
                                                                                                                                
     Section 157  - amends  AS 47.37.270(10) (Definitions  --                                                                   
     Intoxicated   person)  by   adding   marijuana  to   the                                                                   
     definition of what it means to be intoxicated.                                                                             
     Section  158  -  amends  AS  47.38.020(a)  (Alcohol  and                                                                   
     substance   abuse   monitoring    program)   by   adding                                                                   
     marijuana  to the  list  of substances  prohibited  from                                                                   
     use by a parolee enrolled in certain programs.                                                                             
                                                                                                                                
     Section  159  -  amends  AS  47.38.020(c)  (Alcohol  and                                                                   
     substance  abuse  monitoring  program  --  Twice  a  day                                                                   
     testing)  by  adding  marijuana  to  the  provision  for                                                                   
     twice-a-day  testing under  the program  of release  and                                                                   
     parole.                                                                                                                    
                                                                                                                                
     Section 160 - repeals the enumerated statutes.                                                                             
                                                                                                                                
     Section  161 - amends  the uncodified  law of Alaska  by                                                                   
     adding  a  new  section  which  provides  that  the  Act                                                                   
     applies   to  offenses   committed  on   or  after   the                                                                   
     effective   date  of  the   Act;  except  that   certain                                                                   
     exceptions  apply  to  amendments   affecting  sentences                                                                   
     imposed on  or after the  effective date for  an offense                                                                   
     committed   on  or   after   the  effective   date;   to                                                                   
     amendments  that apply  to causes of  action accrued  on                                                                   
     or  after  the  effective   date  of  the  Act;  and  to                                                                   
     amendments  that apply to  conditions of parole  ordered                                                                   
     on or after the effective date of the Act.                                                                                 
                                                                                                                                
     Section 162  - provides for an immediate  effective date                                                                   
     pursuant to AS 01.10.070(c).                                                                                               
                                                                                                                                
1:40:02 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX referred to Section 42, and asked whether                                                                          
previously this section related to controlled substances                                                                        
included marijuana.                                                                                                             
                                                                                                                                
MR. BROWN responded in the affirmative.                                                                                         
                                                                                                                                
CHAIR LEDOUX assessed that in an effort to regulate marijuana as                                                                
alcohol, the language basically adds to the work of the                                                                         
Department of the  Health & Social Services Commission  as alcohol                                                              
is added.                                                                                                                       
                                                                                                                                
MR. BROWN responded "that is correct."                                                                                          
                                                                                                                                
1:41:33 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked  whether anyone could explain  to the committee                                                              
why  the language  "notwithstanding  any  other provision  of  the                                                              
law" was taken out.                                                                                                             
                                                                                                                                
1:42:01 PM                                                                                                                    
                                                                                                                                
MR.   BROWN   offered   his  understanding   that   the   sentence                                                              
"Notwithstanding any  other provision of law"  would unnecessarily                                                              
restrict local  governments and future legislatures  from amending                                                              
this  portion of  the  law.   He  said  the four  provisions  were                                                              
strengthen by  adding a section  at the end establishing  that the                                                              
regulatory power of the state over marijuana ...                                                                                
                                                                                                                                
1:43:55 PM                                                                                                                    
                                                                                                                                
RICK SVOBODNY,  Deputy Attorney General, Central  Office, Criminal                                                              
Division,  Department  of  Law,  advised he  has  researched  that                                                              
phrase and  he does not  know what it  does.  The  legislature can                                                              
always change  a statute and "to me  it has no meaning  one way or                                                              
the other."                                                                                                                     
                                                                                                                                
1:44:42 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  noted that the committee  would have to wait  for an                                                              
understanding   until  Hilary   Martin,   Legislative  Legal   and                                                              
Research Services, is online.                                                                                                   
                                                                                                                                
MR. BROWN  highlighted that  other than  the "Notwithstanding  any                                                              
other provision of  law" being deleted from these  sections, there                                                              
are no other real changes from previous versions.                                                                               
                                                                                                                                
1:46:50 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  clarified   that  as  far  as  the   possession  of                                                              
marijuana is  concerned, Section  50 allows  more than  the amount                                                              
allowed pursuant  to the initiative,  but conforms with  the Ravin                                                            
v. State of Alaska, 537 P.2d 494 (Alaska 1975), decision.                                                                     
                                                                                                                                
MR. BROWN agreed  and stated that the amount is  four ounces under                                                              
Ravin, and one ounce under the ballot initiative.                                                                             
                                                                                                                                
1:47:20 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  continued  that  Sections 51  and  52  are  conforming                                                              
amendments  mainly defining  the terms  marijuana, manufacture  of                                                              
marijuana, and marijuana concentrates.                                                                                          
                                                                                                                                
CHAIR LEDOUX questioned why "salt" was removed.                                                                                 
                                                                                                                                
MR. BROWN offered  his understanding that the  initiative drafters                                                              
took  the language  from some  other initiative  in another  state                                                              
and no one involved has any idea what marijuana salt is.                                                                        
                                                                                                                                
REPRESENTATIVE  CLAMAN offered he  was fairly  certain it  is salt                                                              
infused with marijuana.                                                                                                         
                                                                                                                                
CHAIR LEDOUX asked if that would come under an edible.                                                                          
                                                                                                                                
MR. BROWN responded "probably."                                                                                                 
                                                                                                                                
1:51:11 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  related  that  Sections 77  and  78  prohibit  workers                                                              
compensation  claims  by  employees  whose  injuries  were  caused                                                              
either directly or proximately by the intoxication of marijuana.                                                                
                                                                                                                                
REPRESENTATIVE  CLAMAN  referred   to  Sections  77  and  78,  and                                                              
commented  that "in  the  existing proposal  it  was just  (a)(3),                                                              
'the injury  is not proximately  caused by the intoxication  ...'"                                                              
and  now  it is  limiting  that  to  alcohol  and marijuana.    He                                                              
questioned  how that would  relate if  the employer suspected  the                                                              
employee  was experiencing  an  altered  mental state  related  to                                                              
illegal drugs.                                                                                                                  
                                                                                                                                
MR. BROWN advised that is a drafting error.                                                                                     
                                                                                                                                
1:53:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN noted  the  legislation, as  it relates  to                                                              
workers  compensation claims,  should  not  limit intoxication  to                                                              
alcohol and marijuana when there are other substances at issue.                                                                 
                                                                                                                                
CHAIR  LEDOUX remarked  it might  read "due  to intoxication  from                                                              
alcohol, marijuana, or another controlled substance."                                                                           
                                                                                                                                
1:54:38 PM                                                                                                                    
                                                                                                                                
MR.  BROWN advised  that  Sections 80-90  are  related to  driving                                                              
statutes.    He  explained  that  as  marijuana  is  no  longer  a                                                              
controlled  substance,  everything  having  to do  with  DUIs  and                                                              
licenses being  revoked were rewritten  to reflect  that marijuana                                                              
is  no longer  covered under  controlled substances.   Section  80                                                              
requires that  marijuana is in the  list of substances  that could                                                              
incur  a   DUI  pertaining  to   the  requirement   that  ignition                                                              
interlock devices can be applied to all DUI crimes.                                                                             
                                                                                                                                
CHAIR   LEDOUX   requested   clarification    regarding   ignition                                                              
interlock  devices in  that  when it  is  alcohol, the  individual                                                              
blows in it.   She questioned how the interlock  device recognizes                                                              
marijuana.                                                                                                                      
                                                                                                                                
MR. BROWN remarked that he was also confused by that issue.                                                                     
                                                                                                                                
1:56:29 PM                                                                                                                    
                                                                                                                                
MR. BROWN  pointed to  Section 81, and  advised it adds  marijuana                                                              
to the list  of substances if  used habitually to the  degree that                                                              
the  person   is  incapable  of   safely  driving   precludes  the                                                              
department  from   issuing  a  driver's  license.     Section  82,                                                              
pertains  to disqualifications  from  being  issued  a school  bus                                                              
driver's license, adding marijuana to the list of substances.                                                                   
                                                                                                                                
MR. BROWN  explained that most  of these provisions  are basically                                                              
conforming amendments to one degree or another.                                                                                 
                                                                                                                                
CHAIR LEDOUX  highlighted that  marijuana had  been included  as a                                                              
controlled  substance   and  that   all  of  these   matters  that                                                              
marijuana is going  to preclude an individual from  doing, alcohol                                                              
is also listed.                                                                                                                 
                                                                                                                                
2:00:03 PM                                                                                                                    
                                                                                                                                
MR. BROWN  informed the  committee that  Section 89 basically  re-                                                              
adds marijuana to  the list of substances that can  incur a DUI or                                                              
a refusal that leads to immediate license revocation.                                                                           
                                                                                                                                
REPRESENTATIVE MILLETT  noted that the legislation  adds marijuana                                                              
to the  DUI statutes, and questioned  how an individual  is tested                                                              
for being under the influence of marijuana in a DUI scenario.                                                                   
                                                                                                                                
2:01:31 PM                                                                                                                    
                                                                                                                                
MR. SVOBODNY, in  responding to Representative Millett,  offered a                                                              
scenario  that when a  police officer  observes erratic  behavior,                                                              
such  as   loss  of  coordination   and  cognitive   process,  the                                                              
individual is  then arrested for  DUI.  He advised  the individual                                                              
is then taken  to a location  that measures breath alcohol  and if                                                              
the result  is .20, the individual  is charged with the  theory of                                                              
being  under  the  influence  of   alcohol.    In  the  event  the                                                              
individual  also has  marijuana  "on board,"  the  police stop  at                                                              
that  point.   If, he  pointed out,  in this  scenario the  breath                                                              
result  is .000  and yet  an impairment  is  observed, the  police                                                              
officer  obtains  a  search  warrant,  obtains  a  sample  of  the                                                              
individual's  blood,  sends  it  to the  Washington  State  Patrol                                                              
Crime Laboratory  where they perform a toxicology  on the "common"                                                              
drugs,  including  marijuana, and  send  the  report back  to  the                                                              
Department of  Law (DOL).  He  related that the  Alaska Scientific                                                              
Crime Detection Laboratory  does not perform analysis  of blood as                                                              
it  has a  federal  grant  that  pays for  out-of-state  services,                                                              
together with  [technicians/doctors] flying  to Alaska  to testify                                                              
regarding their  test results.   He  informed that committee  that                                                              
the state  does not  have presumptive  levels  of being under  the                                                              
influence  of  marijuana  and  it  requires  expert  testimony  in                                                              
toxicology, as  to what it is, and  what it means.   He noted that                                                              
point five  nanograms per  milliliter suggests  a person  is under                                                              
the  influence,   "the  states  are  equally  split   between  two                                                              
nanograms and  five nanograms per  milliliter."  He  conveyed that                                                              
Alaska  requires a  [toxicology]  expert for  marijuana, where  an                                                              
[alcohol] expert  is not required  because alcohol limits  are set                                                              
by statute.                                                                                                                     
                                                                                                                                
2:04:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  surmised when a person is  pulled over and                                                              
no alcohol  found in  their blood,  a search  warrant is  obtained                                                              
and  a  blood test  is  performed.   She  questioned  whether  the                                                              
person  is  arrested while  blood  tests  are sent  to  Washington                                                              
State.                                                                                                                          
                                                                                                                                
2:05:21 PM                                                                                                                    
                                                                                                                                
MR. SVOBODNY  responded that it  depends upon the location  of the                                                              
event as  to whether  the judicial district  has a bail  schedule,                                                              
the person  would be released  from jail  on bail.   Anchorage, he                                                              
noted,  does   not  have   a  bail   schedule  and  a   "committee                                                              
magistrate"  will set  bail at that  time.   In other  communities                                                              
the individual would  appear before a court the  next business day                                                              
and the court would set bail, he explained.                                                                                     
                                                                                                                                
2:06:19 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX questioned  whether  there is  science allowing  the                                                              
toxicology test to be performed more quickly.                                                                                   
                                                                                                                                
MR.  SVOBODNY,  in response  to  Chair  Ledoux, stated  there  are                                                              
companies  claiming  to  have  developed  devices  that  can  test                                                              
through  breath.   He opined  there  are companies  in Canada  and                                                              
Colorado, but  it would  most likely be  four-five years  down the                                                              
line before becoming law.                                                                                                       
                                                                                                                                
CHAIR  LEDOUX surmised  that  the science  will  likely "catch  up                                                              
with the law."                                                                                                                  
                                                                                                                                
MR. SVOBODNY answered in the affirmative                                                                                        
                                                                                                                                
2:07:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CLAMAN  offered   that  there   was  a   criminal                                                              
investigation of a  driver in Anchorage who hit a  bicyclist.  The                                                              
[district attorney]  elected not to prosecute because  even though                                                              
the driver's  blood showed  THC in  his system,  the absence  of a                                                              
standard  that qualified  as intoxication  caused the  prosecutors                                                              
to conclude they did not have a basis to move forward.                                                                          
                                                                                                                                
2:08:46 PM                                                                                                                    
                                                                                                                                
MR.  SVOBODNY responded  that  there  are general  guidelines  and                                                              
roughly  five states  have said  five  nanograms and  a person  is                                                              
impaired;  and roughly  five  states have  said  two nanograms  is                                                              
impairment.   He  said  that  states have  said  if  a person  has                                                              
marijuana  it  is a  per  se  violation  as  with [minors].    Mr.                                                              
Svobodny  explained  the definition  of  "salt"  is a  sodium  and                                                              
chloride  molecules mix  and  the ions  between  the two  minerals                                                              
equals salt.   He advised  the state crime  lab director  said for                                                              
marijuana  "it is not  a necessary  part of  the definition,  it's                                                              
been there for at least 30 years."                                                                                              
                                                                                                                                
2:11:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to the concept of bail.                                                                       
                                                                                                                                
CHAIR LEDOUX [advised it was not related to HB 79].                                                                             
                                                                                                                                
2:12:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  questioned if  the Department of  Law could                                                              
prepare  a timeline  of exactly  what happens  in the  [marijuana]                                                              
process.  He opined  that on February 24, 2015,  possession in the                                                              
use issue  is allowed if the  individual is over 21-years  of age.                                                              
He  further  opined  that  no  marijuana   cannot  be  sold  until                                                              
February  2016  -  and  there  is   a  time  lag  after  that  for                                                              
licensure.                                                                                                                      
                                                                                                                                
2:13:48 PM                                                                                                                    
                                                                                                                                
MR. SVOBODNY answered  that "the sky is not going  to fall down if                                                              
this  bill doesn't  pass by  the 24th."   He noted  there will  be                                                              
legal issues  that will be in  dispute, for example hash  oil, and                                                              
different interpretations  of what  those [legal issues]  will be.                                                              
The state  will not  treat people driving  under the  influence of                                                              
marijuana any  differently than  today.  He  opined that  from the                                                              
prosecution and  law enforcement point  of view it is  almost more                                                              
helpful to  deal with  the regulatory issues  first and  then move                                                              
to  criminal  issues.     He  offered  to  provide   the  timeline                                                              
tomorrow.                                                                                                                       
                                                                                                                                
2:15:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CLAMAN  advised   that   Legislative  Legal   and                                                              
Research  Services prepared  a memo  as  to the  bare minimum  the                                                              
legislature  could do, and  "sort of"  let the [initiative]  pass.                                                              
He offered to share the memo with the committee.                                                                                
                                                                                                                                
2:16:49 PM                                                                                                                    
                                                                                                                                
MR. BROWN  related that  Section 90,  includes marijuana  into the                                                              
administrative license  revocation statutes  as it relates  to the                                                              
crime  of a  minor operating  a vehicle  after consuming  alcohol.                                                              
Section  91,  re-inserts  marijuana  and marijuana  use  into  the                                                              
juvenile  ASAP program,  and  such is  required  before issuing  a                                                              
license.   Section 92, adds  marijuana to a provision  referencing                                                              
the  crime  of  a  minor  operating   a  vehicle  after  consuming                                                              
alcohol.   He advised that Section  93, adds marijuana  to provide                                                              
that the court  shall report to the department  every legal change                                                              
of name  of any person  considered to be  afflicted with  a mental                                                              
disability, or a  habitual user of alcohol, marijuana,  or another                                                              
drug.  Section 94,  adds  marijuana  to the  section  of law  that                                                              
requires  the court  to surrender  a  person's identification  and                                                              
enables  the court  to order a  person to  refrain from  marijuana                                                              
consumption in the  same fashion as alcohol.   Section 95, returns                                                              
marijuana  to  the  statutes relating  to  conditions  of  parole.                                                              
Section 96,  offers that if a  person has been ordered  to refrain                                                              
from consuming alcoholic  beverages under Title 4,  the person can                                                              
have their  issuance of a  license suspended.   He noted  that for                                                              
insurance  purposes, Section  97, adds  marijuana to  the list  of                                                              
substances includes  marijuana to the list of  substances that can                                                              
incur  a DUI,  or  refusal.   Section  98, is  a  DUI statute,  of                                                              
returning marijuana  to a  conforming amendment.   Section  99, is                                                              
the  same, and  Section  100, returns  marijuana  to  the list  of                                                              
substances prohibited  from being consumed in the  past four hours                                                              
while  operating   a  commercial   motor  vehicle,   and  includes                                                              
possession.   Section  101, refers  to  commercial motor  vehicles                                                              
and  returns  marijuana to  substances  that  are an  offense  and                                                              
grounds for immediate  disqualification with driving  a commercial                                                              
vehicle.   Sections 102-103,  provide definitions.   Section  104-                                                              
108, are  open container  laws similar  to alcohol  statutes.   He                                                              
pointed  out that  in  regulating  marijuana like  alcohol,  these                                                              
sections  define relevant  terms and prohibits  an open  container                                                              
of marijuana  from being in a  car and adds exceptions.   Sections                                                              
109-110,  are   implied  consent   of  laws  re-adding   the  term                                                              
marijuana  to  the  list  of  substances   associated  with  DUIs.                                                              
Section 111, is  regarding chemical tests and  returning marijuana                                                              
to the list of substances.                                                                                                      
                                                                                                                                
2:20:30 PM                                                                                                                    
                                                                                                                                
MR.  BROWN responded  to  Representative  Gruenberg  that for  the                                                              
purposes of brevity  he was lumping sections together  as close as                                                              
possible.   Section 112, reads that  after refusal to submit  to a                                                              
chemical  test,  returns  marijuana  to the  list  of  definitions                                                              
close to, for the purposes of refusal of a chemical test.                                                                       
                                                                                                                                
CHAIR  LEDOUX  asked  Mr.  Brown  to  move  to  areas  not  simply                                                              
conforming amendments.                                                                                                          
                                                                                                                                
MR. BROWN advised in that case, he has completed his review.                                                                    
                                                                                                                                
2:22:38 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  questioned  whether   the  forfeiture  and  seizure                                                              
sections  are conforming  sections to add  marijuana, wherein  the                                                              
state  would  perform seizures  with  respect  to a  violation  to                                                              
alcohol control laws.                                                                                                           
                                                                                                                                
MR. BROWN answered  in the affirmative in that  the bill regulates                                                              
like alcohol and adds language so it is similar.                                                                                
                                                                                                                                
MR.  BROWN advised  Representative  Gruenberg  the forfeiture  and                                                              
seizure sections can be found on pages 33-34, 39, and 59.                                                                       
                                                                                                                                
2:25:24 PM                                                                                                                    
                                                                                                                                
MICHELE  HOLLY opined  that repealing  or significantly  modifying                                                              
any portion  of the  initiative is  unconstitutional.   She stated                                                              
the   National  Highway   Transportation   Safety   Administration                                                              
published  a  statement,  [approximately  2/6/15]  "suggesting  or                                                              
saying  outright"  that  marijuana  use  has  not  been  found  to                                                              
increase  the risk  of  car crashes  according  to  a new  federal                                                              
report.   She  remarked  that the  legislature  must preserve  all                                                              
legal  protection  supported  by  the voters  and  not  repeal  AS                                                              
17.38.020,  which makes  it unlawful  for adults  21 and older  to                                                              
possess,  use,   produce,  marijuana   for  personal  use.     The                                                              
initiative provides  that an individual  21 and older may  grow up                                                              
to  six plants  and  possess  all  marijuana produced  from  those                                                              
plants  on  the   premises,  she  conveyed.     She  informed  the                                                              
committee  that it  must not  ignore this  important provision  by                                                              
criminalizing any  possession over one ounces without  creating an                                                              
exception to marijuana personally produced.                                                                                     
                                                                                                                                
CHAIR LEDOUX  advised that the committee  will try to do  the will                                                              
of the people, rest assured.                                                                                                    
                                                                                                                                
2:29:40 PM                                                                                                                    
                                                                                                                                
The  committee took  an  at-ease from  2:29  to 2:38  p.m. due  to                                                              
technical difficulties.                                                                                                         
                                                                                                                                
2:38:33 PM                                                                                                                    
                                                                                                                                
TINA CURTISS advised  she has grown her own medicine  for the last                                                              
15 years and  her interest in Ravin  is as medical law.    She has                                                            
multiple  sclerosis and  had a  $12,000  per month  pharmaceutical                                                              
bill  and,  she  advised,  has  to  grow  between  three  to  five                                                              
different  strains   [of  marijuana]  in  order   to  control  her                                                              
symptoms.    She  informed  the  committee  that  it  reduced  her                                                              
pharmaceutical bill  to less than $200,  but she has to  grow more                                                              
than the  law allows.   She  answered Chair  LeDoux that  it takes                                                              
her between  18-24  plants for enough  medication.   "There  is no                                                              
way to control  some of my  symptoms without it, because  there is                                                              
nothing else that  controls them."  She related that  for the last                                                              
ten years  she had never  been able to  sleep more than  two hours                                                              
in a  row, until  recently.   "When I  got the  strain going,  the                                                              
first night  I smoked  some I was  able to ...  I slept  six hours                                                              
straight."   She advised that her  neurologist was happy  when she                                                              
found  something that  allowed her  to sleep  again, as with  what                                                              
she  has,   there  are  too  many   things  to  control   and  the                                                              
neuropathies  are  bad.   She  pointed  out that  assisted  living                                                              
allowed her to smoke  because "they were so bad  I was screaming."                                                              
She related  that the  same thing happened  in October,  [2014] at                                                              
Alaska Regional  Hospital, and the  doctor was impressed  that she                                                              
recovered  in  less than  one  day  once  she started  taking  her                                                              
marijuana pills  because for the  previous four days he  could not                                                              
control  her symptoms.    She indicated  her  concern about  blood                                                              
tests in  that, five  years ago,  she had not  smoked in  28 days,                                                              
and  the  doctor argued  with  her  as  the  lab and  chemist  had                                                              
advised that  she had smoked that  same day.  She advised  she has                                                              
smoked marijuana  regularly for 15 or  40 years, and it  builds up                                                              
in  the   system,  and  hopefully   new  testing  will   show  the                                                              
difference.                                                                                                                     
                                                                                                                                
2:43:39 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  asked  what  disease she  is  suffering  from  that                                                              
marijuana helps.                                                                                                                
                                                                                                                                
MS. CURTIS responded that she has multiple sclerosis.                                                                           
                                                                                                                                
2:44:26 PM                                                                                                                    
                                                                                                                                
LEIF ABEL  advised that the  state should consider  the definition                                                              
of "public" and  where tourists may consume marijuana.   A smoking                                                              
establishment,  like a  bar or  event should  be able  to have  an                                                              
area  much  like  a  beer  garden,  he  stated.    Consumption  of                                                              
marijuana,  unlike alcohol,  is  consumed in  a  variety of  ways,                                                              
smoking,  vapor,  tea, or  edibles,  and  there could  be  concern                                                              
regarding second-hand smoke unlike edibles.                                                                                     
                                                                                                                                
He noted that medical  users within the state do  have more rights                                                              
beyond  the  discussion  here, but  if  the  legislature  includes                                                              
broad  language about  not using  in public  the medical  patients                                                              
might get  half (indisc.) as  well.  He  opined that  AS 17.38.020                                                              
and 030,  should be  retained as  they were  part of the  original                                                              
initiative.    He further  opined  there  is confusion  among  the                                                              
public as to  the definition of possession and  whether possession                                                              
in  the  home,  or  legal  possession  of  transporting  is  being                                                              
referred  to.  He  expressed that  extracts should  not be  banned                                                              
for home  use because  they  are one of  the best  ways to  create                                                              
edibles,  and  edibles  are  the most  common  manner  to  consume                                                              
medically.                                                                                                                      
                                                                                                                                
2:49:08 PM                                                                                                                    
                                                                                                                                
ROBERT DAVIS remarked  that in determining intoxication,  the two-                                                              
five  nanograms previously  discussed remains  in an  individual's                                                              
body for  several days, if  not weeks.   He suggested  juicing the                                                              
leaves of  marijuana plant  and using the  raw cannabis  to assist                                                              
with medical difficulties.   Juicing is effective  because THC and                                                              
Cannabidiol  (CBD)is   not  changed  into  a  compound   where  an                                                              
individual gets  "high" and the  individual does not  realize that                                                              
THC or CBD  has been consumed  other than it helps  with maladies,                                                              
he explained.  He  opined that the Ravin law should  remain intact                                                            
because it  takes at least 30-40  leaves per days to  be effective                                                              
medically.    He  highlighted  that  the  leaves,  considered  the                                                              
"trash" part of  the plant, are becoming an important  part of the                                                              
plant, and  expressed it  is important  an individual  can legally                                                              
grow at  least 24 plants  at home, per  patient.  The  legislature                                                              
should hire  experienced  and qualified individuals  to assist  in                                                              
the passage of [HB 79], he said.                                                                                                
                                                                                                                                
2:53:35 PM                                                                                                                    
                                                                                                                                
TIMOTHY  HALE said  he is opposed  to repealing  AS 17.38.020  and                                                              
030,  and  is   concerned  about  the  testing   and  intoxication                                                              
requirements   for  driving  and   pre-employment  drug   testing.                                                              
Currently,  he  explained,  pre-employment   drug  testing  is  at                                                              
[indisc.] nanograms  per milliliter  and at that  level, depending                                                              
upon  an individual's  body  weight,  THC can  stay  in the  blood                                                              
stream from  30-90 days.   He questioned  whether it  would remain                                                              
at  that  level  for  pre-employment   alcohol  screening  with  a                                                              
breathalyzer test.                                                                                                              
                                                                                                                                
2:56:37 PM                                                                                                                    
                                                                                                                                
DOLLY  PHELPS stated  that testing  will be a  difficult "bear  to                                                              
tackle."   She read that Dr.  Madelyn Butler had indicated  that a                                                              
CBD  level  should be  determined  for  driving violations.    Ms.                                                              
Phelps opined  that CBD has  absolutely zero psychoactive  effects                                                              
whatsoever.   She further  opined  that it should  be excluded  as                                                              
medical patients must  use CBD in very high concentrates  in order                                                              
to  heal  their physical  ailments.    She  then referred  to  the                                                              
testing  method in  that two-five  nanograms  used regularly  will                                                              
build  up tolerance  and  she  remarked that  it  is  not fair  to                                                              
exclude  licensed  drivers  from  using a  medication  that  helps                                                              
them.   She  agrees  with  a previous  caller  that  there are  no                                                              
psychoactive effects  when juicing leaves and described  a process                                                              
called decarboxylation  to where plant material must  be heated to                                                              
above 240  degrees before  THC become  active, and mentioned  that                                                              
in its raw  form it is "THC  acid" or "CBD acid."   She questioned                                                              
the term "registered" in the bill.                                                                                              
                                                                                                                                
2:59:33 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised that "registered" refers to registered                                                                     
facilities for testing and sale.                                                                                                
                                                                                                                                
[HB 79 was held over.]                                                                                                          
                                                                                                                                
3:00:49 PM                                                                                                                    
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:00 p.m.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HB05.pdf HJUD 2/11/2015 1:00:00 PM
HB 5
HB05 Letter of support - AoCA.pdf HJUD 2/11/2015 1:00:00 PM
HB 5
HB05 Fiscal Note.pdf HJUD 2/11/2015 1:00:00 PM
HB 5
HB05 Fiscal Note-Law.pdf HJUD 2/11/2015 1:00:00 PM
HB 5
HB79 Draft Proposed CS ver P.pdf HJUD 2/11/2015 1:00:00 PM
HB 79
HB79 Supporting Documents - Letter McCard.txt HJUD 2/11/2015 1:00:00 PM
HB 79
HB79 Supporting Documents - CRCL Feb-10-2015.pdf HJUD 2/11/2015 1:00:00 PM
HB 79
HB05 Sponsor Statement.pdf HJUD 2/11/2015 1:00:00 PM
HB 5
HB05 Fiscal Note-HSS.pdf HJUD 2/11/2015 1:00:00 PM
HB 5
HB79 SECTIONAL ANALYSIS - ver P.pdf HJUD 2/11/2015 1:00:00 PM
HB 79