Legislature(2015 - 2016)CAPITOL 120

02/18/2015 01:00 PM JUDICIARY

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Audio Topic
01:22:17 PM Start
01:23:32 PM HB5
01:35:54 PM Confirmation Hearing: Violent Crimes Compensation Board
01:46:32 PM HB79
03:05:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:15 pm Today --
+= HB 5 CONSERVATOR OF PROTECTED PERSONS TELECONFERENCED
Moved HB 5 Out of Committee
-- Public Testimony --
+ Confirmation Hearing: TELECONFERENCED
Violent Crimes Compensation Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES TELECONFERENCED
Heard & Held
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 18, 2015                                                                                        
                           1:22 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Bob Lynn                                                                                                         
Representative Charisse Millett                                                                                                 
Representative Matt Claman                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING:                                                                                                           
                                                                                                                                
VIOLENT CRIMES COMPENSATION BOARD                                                                                             
                                                                                                                                
     GEORGE BROWN, MD - Douglas                                                                                                 
                                                                                                                                
     CONFIRMATION(S) ADVANCED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 5                                                                                                                
                                                                                                                                
"An Act relating to the persons who may be appointed                                                                            
conservators of a protected person."                                                                                            
                                                                                                                                
     - MOVED HB 5 OUT OF COMMITTEE                                                                                              
                                                                                                                                
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                                                                             
02/11/15       (H)       Heard & Held                                                                                           
02/11/15       (H)       MINUTE(JUD)                                                                                            
02/18/15       (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                                                                             
02/11/15       (H)       Heard & Held                                                                                           
02/11/15       (H)       MINUTE(JUD)                                                                                            
02/13/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/13/15       (H)       Heard & Held                                                                                           
02/13/15       (H)       MINUTE(JUD)                                                                                            
02/16/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/16/15       (H)       -- MEETING CANCELED --                                                                                 
02/18/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CECILE ELLIOTT, Staff                                                                                                           
Representative Mike Hawker                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  on  HB  5,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
MARIE DARLIN, Coordinator                                                                                                       
American Association of Retired Persons (AARP)                                                                                  
Capital City Task Force                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During  the hearing on  HB 5,  testified in                                                             
support.                                                                                                                        
                                                                                                                                
GEORGE BROWN, MD, Appointee                                                                                                     
Violent Crimes Compensation Board                                                                                               
Douglas, Alaska                                                                                                                 
POSITION STATEMENT:  As appointee  to the position on the Violent                                                             
Crimes  Compensation  Board,  discussed  his  qualifications  and                                                               
answered questions.                                                                                                             
                                                                                                                                
THOMAS BROWN, Staff                                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented committee  substitutes regarding                                                             
CSHB 79.                                                                                                                        
                                                                                                                                
RICHARD SVOBODNY, Deputy Attorney General                                                                                       
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During the  hearing on  CSHB 79,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
HALEY HOBAN                                                                                                                     
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified as  a "Close Up" student regarding                                                             
CSHB 79 and problems with the legalization of marijuana.                                                                        
                                                                                                                                
MADISON STIBES                                                                                                                  
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified as  a "Close Up" student regarding                                                             
CSHB 79 and problems with the legalization of marijuana.                                                                        
                                                                                                                                
CAIDEN PETERSEN                                                                                                                 
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified as  a "Close Up" student regarding                                                             
CSHB 79 and problems with the legalization of marijuana.                                                                        
                                                                                                                                
DON HART                                                                                                                        
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:   During  the hearing  on  CSHB 79,  offered                                                             
concerns.                                                                                                                       
                                                                                                                                
RHONDA MARCY                                                                                                                    
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:   During  the hearing  on  CSHB 79,  offered                                                             
concerns.                                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:22:17   PM                                                                                                                  
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called  the  House  Judiciary  Standing                                                             
Committee meeting to order at  1:22 p.m.  Representatives Claman,                                                               
Gruenberg, Keller, Lynn,  and LeDoux were present at  the call to                                                               
order.   Representative  Millett arrived  as the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
            HB   5-CONSERVATOR OF PROTECTED PERSONS                                                                         
                                                                                                                                
1:23:32 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."   [Before  the                                                               
committee was HB 5, Version 29-LS0032\W]                                                                                        
                                                                                                                                
1:23:42 PM                                                                                                                    
                                                                                                                                
CECILE ELLIOTT,  Staff, Representative Mike Hawker,  Alaska State                                                               
Legislature, referred to a prior  discussion regarding "by blood,                                                               
marriage,  or adoption,"  and explained  it  is terminology  used                                                               
throughout the  statutes that  when an  individual is  related by                                                               
marriage  they are  an in-law.   She  noted it  is Representative                                                               
Hawker's  express intent  that  this  legislation be  implemented                                                               
using  no additional  state  resources  as HB  5  is to  narrowly                                                               
expand the definition of family to serve as a conservator.                                                                      
                                                                                                                                
CHAIR LEDOUX opened public testimony                                                                                            
                                                                                                                                
1:26:44 PM                                                                                                                    
                                                                                                                                
MARIE  DARLIN,  Coordinator,   American  Association  of  Retired                                                               
Persons (AARP),  Capital City Task  Force, stated  she represents                                                               
the Capital City Task Force  that previously forwarded its letter                                                               
of  support for  the  original bill.   "There  has  been so  much                                                               
discussion and  everything else, I  think that is where  we stand                                                               
right now," she said.                                                                                                           
                                                                                                                                
REPRESENTATIVE CLAMAN asked whether AARP expects conflicts.                                                                     
                                                                                                                                
1:27:53 PM                                                                                                                    
                                                                                                                                
MS.  DARLIN responded  that the  Capital City  Task Force  speaks                                                               
with the  people with the  knowledge of the reports  and supports                                                               
the original bill.                                                                                                              
                                                                                                                                
MS.  DARLIN, in  response  to Representative  Claman, stated  she                                                               
"has no idea"  who are typically being  appointed as conservators                                                               
or whether it is difficult to find conservators.                                                                                
                                                                                                                                
CHAIR LEDOUX  closed public testimony  after ascertaining  no one                                                               
further wished to testify.                                                                                                      
                                                                                                                                
1:30:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN stated  he is  not offering  an amendment,                                                               
but has been working on basically  taking out the first phrase of                                                               
(c) so  it would read  that an individual,  otherwise conflicted,                                                               
could go to the judge and ask the judge to waive the conflict.                                                                  
                                                                                                                                
1:31:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER made  a motion that the  committee zero out                                                               
the  indeterminate fiscal  note  presented by  the Department  of                                                               
Health and Social Services.  There  being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
1:31:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER moved  to  report HB  5,  Version W,  from                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.  There being  no objection, HB 5  was reported                                                               
from the House Judiciary Standing Committee.                                                                                    
1:32:15 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:32 p.m. to 1:35 p.m.                                                                       
                                                                                                                                
^CONFIRMATION HEARING:  Violent Crimes Compensation Board                                                                       
    CONFIRMATION HEARING:  Violent Crimes Compensation Board                                                                
                                                                                                                              
1:35:54 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the next order of  business would be                                                               
a confirmation  hearing for  Dr. George  Brown, appointee  to the                                                               
Violent Crimes Compensation Board.                                                                                              
                                                                                                                                
1:36:05 PM                                                                                                                    
                                                                                                                                
GEORGE  BROWN,  MD,  explained he  was  previously  appointed  by                                                               
former Governor Sean  Parnell to serve out a term  with a vacancy                                                               
on the  Violent Crimes Compensation  Board, he has  attended four                                                               
board meetings, and  is "learning the ropes."   He explained that                                                               
due  to his  work  in  clinical medicine  and  public health  his                                                               
interest  has been  regarding the  prevention of  family violence                                                               
and  child abuse.    He  noted that  many  families applying  for                                                               
compensation are  obviously suffering  from the results  of these                                                               
problems, and  opined that his  experience in this  area provides                                                               
qualifications.                                                                                                                 
                                                                                                                                
1:37:41 PM                                                                                                                    
                                                                                                                                
DR. BROWN,  in response to Representative  Gruenberg, stated that                                                               
Bowman Gray  School of  Medicine is  associated with  Wake Forest                                                               
University, and is a good Southern Baptist institution.                                                                         
                                                                                                                                
REPRESENTATIVE KELLER  thanked Dr.  Brown for his  willingness to                                                               
serve.                                                                                                                          
                                                                                                                                
1:38:43 PM                                                                                                                    
                                                                                                                                
DR.  BROWN  added  that  a   recent  celebration  of  the  Alaska                                                               
Children's Trust Fund  at the Governor's Mansion  was an exciting                                                               
and confirming  experience to  see how  the organization  that he                                                               
worked hard on  to get started, continues to work  at the primary                                                               
prevention [level]  of these problems.   He said he  is confident                                                               
working together continues to decrease these problems                                                                           
                                                                                                                                
1:40:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to forward  the name of Dr. George W.                                                               
Brown  to  the  joint  session   of  the  House  and  Senate  for                                                               
confirmation.  There being no  objection, the confirmation of Dr.                                                               
George W.  Brown was advanced  from the House  Judiciary Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
1:41:13 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:41 p.m. to 1:44 p.m.                                                                       
                                                                                                                                
1:44:18 PM                                                                                                                    
                                                                                                                                
        HB  79-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                    
                                                                                                                                
1:46:32 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."                                                                                                                
                                                                                                                                
1:46:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute (CS)  HB 79, labeled 29-LS0409\G,  Martin, 2/16/15, as                                                               
the working document.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for discussion purposes.                                                                      
                                                                                                                                
1:46:52 PM                                                                                                                    
                                                                                                                                
THOMAS  BROWN,  Staff,  Representative Gabrielle  LeDoux,  Alaska                                                               
State Legislature, explained he  would discuss policy changes and                                                               
would  not discuss  technical conforming  amendments.   He  noted                                                               
that last  week the House  Judiciary Standing  Committee received                                                               
committee  substitute  (CS)  Version  "I,"  which  was  discarded                                                               
[prior  to introduction]  in favor  of  Version "G."   Mr.  Brown                                                               
paraphrased  the following  (original  punctuation included  with                                                               
formatting changes):                                                                                                            
                                                                                                                                
     All references  to "preparations,  compounds, mixtures,                                                                    
     or substances"  have been replaced with  "marijuana" to                                                                    
     conform   with  the   definition  as   stated  in   the                                                                    
     initiative, AS 17.38.900                                                                                                   
                                                                                                                                
     Former section  32 -  conforming language  dealing with                                                                    
     AS  12.55.135(j),  related  to sentencing  for  certain                                                                    
     marijuana crimes, is  deleted and repealed-this section                                                                    
     was superfluous  as misdemeanors listed in  the bill do                                                                    
     not require jail time over  one year so a bail schedule                                                                    
     is unnecessary                                                                                                             
                                                                                                                                
     Section   44  -   added  17.38.020   from  the   ballot                                                                    
     initiative,    amended   to    remove   the    language                                                                    
     NOTWITHSTANDING ANY OTHER PROVISION OF LAW                                                                                 
                                                                                                                                
     Section   50  -   added  17.38.110   from  the   ballot                                                                    
     initiative, local option  provision, amended to specify                                                                    
     that established  villages have the ability  to opt out                                                                    
     of commercial marijuana operations                                                                                         
                                                                                                                                
     Section 51  - removed the  crime of possession  of more                                                                    
     than 4 ounces;                                                                                                             
                                                                                                                                
          - Changed the prohibition of manufacture with a                                                                       
          substance other than vegetable glycerin to                                                                            
          prevent a person other than a registered                                                                              
          marijuana    establishment   from    producing   a                                                                    
          marijuana concentrate or extract using a volatile                                                                     
          or explosive gas;                                                                                                     
                                                                                                                                
          - Made certain exceptions for a medical marijuana                                                                     
          patient registered under AS 17.37 who is at least                                                                     
          18 years old to enter a marijuana establishment                                                                       
          and purchase marijuana;                                                                                               
                                                                                                                                
          - Removed the crime of possession of more than                                                                        
          one ounce and less than four ounces;                                                                                  
                                                                                                                                
          - Removed AS 17.38.270, a proposed section which                                                                      
          dealt with rehabilitation;                                                                                            
                                                                                                                                
          - Removed AS 17.38.260, a proposed section which                                                                      
          established weight calculations for marijuana                                                                         
          plants;                                                                                                               
                                                                                                                                
          - Changed "marijuana overdose" to "significant                                                                        
          adverse marijuana reaction;"                                                                                          
                                                                                                                                
          - Removed AS 17.38.290, which allowed for                                                                             
          forfeitures and seizures;                                                                                             
                                                                                                                                
          -   Added   17.38.280   which   allows   for   the                                                                    
          confidentiality of court records of minors;                                                                           
                                                                                                                                
          - Added 17.38.290-340 which allow and define                                                                          
          local option procedures for exemptions from                                                                           
          commercial marijuana use;                                                                                             
                                                                                                                                
          - Made a 3rd degree marijuana misconduct                                                                              
          violation punishable by a $300 fine;                                                                                  
                                                                                                                                
          - Limited the fine for a 4th degree marijuana                                                                         
          misconduct violation punishable by a $100 fine;                                                                       
                                                                                                                                
          - Added exceptions for marijuana misconduct                                                                           
          crimes for people "acting in the person's                                                                             
          capacity as an officer, agent, or employee of the                                                                     
          marijuana establishment";                                                                                             
                                                                                                                                
          - Added to 1st degree marijuana misconduct the                                                                        
          crime of manufacturing more than six marijuana                                                                        
          plants, not more than three of which are mature;                                                                      
                                                                                                                                
          - Added "usable marijuana" to the possession                                                                          
          limit of 1 ounce of marijuana                                                                                         
                                                                                                                                
     Section  53 -  defined established  village as  used in                                                                    
     sections 50 and 51                                                                                                         
                                                                                                                                
          - Defined usable marijuana to accommodate the                                                                         
          removal of the weight calculation of live                                                                             
          marijuana plants                                                                                                      
                                                                                                                                
     Former  section  77-78  -   deleted  amendments  to  AS                                                                    
     23.30.120 (a)  & AS  23.30.235, pertaining  to workers'                                                                    
     compensation                                                                                                               
                                                                                                                                
     Former  section  88  -  deleted   an  amendment  to  AS                                                                    
     28.15.176  to  correct  a  drafting  error  which  only                                                                    
     changed a catchline in current law                                                                                         
                                                                                                                                
     Section 116 - removed  language that allowed testing of                                                                    
     a   minor's  blood   or  urine   for  the   purpose  of                                                                    
     determining the marijuana content  of the minor's blood                                                                    
     or urine                                                                                                                   
                                                                                                                                
     Section 119, 121 - deleted  "blood or urine" from these                                                                    
     sections,  which  relate  to  a minor's  refusal  of  a                                                                    
     chemical test                                                                                                              
                                                                                                                                
     Section 130 - added  "possess" so that the commissioner                                                                    
     of  corrections can  prohibit  a  prisoner from  using,                                                                    
     consuming   AND  possessing   marijuana  or   marijuana                                                                    
     products                                                                                                                   
                                                                                                                                
     Section 134 - technical changes                                                                                            
                                                                                                                                
     Former  section   141  -   deleted  amendments   to  AS                                                                    
     17.38.220(a)(3) relating to  crimes for which juveniles                                                                    
     may  be punished  as adults,  now conflicting  with the                                                                    
     17.38.280                                                                                                                  
                                                                                                                                
     Section 142 - added the  Dept. of Administration to the                                                                    
     list  of  departments  the Dept.  of  Health  &  Social                                                                    
     Services   must  consult   with  in   establishing  and                                                                    
     conducting programs  designed to deal with  the problem                                                                    
     of persons  operating a motor  vehicle while  under the                                                                    
     influence   of   an  alcoholic   beverage,   marijuana,                                                                    
     inhalant, or controlled substance                                                                                          
                                                                                                                                
1:50:12 PM                                                                                                                    
                                                                                                                                
MR. BROWN, in  response to Chair LeDoux,  advised that references                                                               
to  "preparations,   compounds,  mixtures,  or   substances"  are                                                               
located throughout the bill.                                                                                                    
                                                                                                                                
CHAIR LEDOUX  asked Mr.  Brown to  identify areas  throughout the                                                               
bill discussing weight.                                                                                                         
                                                                                                                                
MR. BROWN responded  that he would discuss that  issue within his                                                               
summary of  changes and began  his sectional analysis  of Version                                                               
G.   He said that  Sec. 44, adds  Sec. 17.38.020 from  the ballot                                                               
initiative and was added "pretty  much verbatim," but deleted the                                                               
language "NOTWITHSTANDING  ANY OTHER PROVISION OF  LAW."  Section                                                               
50 adds Sec. 17.38.110 from  the ballot initiative, which is also                                                               
known as the "local option" provision.                                                                                          
                                                                                                                                
1:52:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked the  reason witnesses want Sec. 44                                                               
in the bill.                                                                                                                    
                                                                                                                                
MR.  BROWN responded  that  all written  and  oral testimony  the                                                               
committee received indicate that  this is the "strongest language                                                               
possible"  to definitively  state that  marijuana is  legal, that                                                               
personal possession  is legal, and  that personal  consumption is                                                               
legal.   He  explained  previous  versions of  the  bill did  not                                                               
include  .020,   which  removes   marijuana  from  the   list  of                                                               
controlled substances and states that  possession is not a crime.                                                               
He explained that the addition  of this section makes it explicit                                                               
in approximately  four-five different ways  that it is  legal for                                                               
Alaskans  over  the age  of  21  to  possess, grow,  and  consume                                                               
marijuana.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  surmised this is the  "core section" of                                                               
the bill.                                                                                                                       
                                                                                                                                
MR.  BROWN  responded  that  as  far as  the  proponents  of  the                                                               
initiative are concerned, he would  probably say "yes," except he                                                               
cannot speak  on their  behalf.   He reiterated  that Sec.  50 is                                                               
also  known  as   the  local  option  provision   and  that  Sec.                                                               
17.38.110(a) was added from the initiative, page 29, lines 2-4.                                                                 
                                                                                                                                
1:55:40 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:56:31 PM                                                                                                                    
                                                                                                                                
MR. BROWN referred  to Sec. 50, [AS 17.38.110(a)]  page 29, lines                                                               
2-4, which read:                                                                                                                
                                                                                                                                
     (a) An  established village may prohibit  the operation                                                                    
     of marijuana cultivation  facilities, marijuana product                                                                    
     manufacturing     facilities,     marijuana     testing                                                                    
     facilities,  or  retail  marijuana stores  by  a  voter                                                                    
     initiative as provided in AS 17.38.290.                                                                                    
                                                                                                                                
MR.  BROWN  explained it  is  to  specify that  local  government                                                               
includes established villages.                                                                                                  
                                                                                                                                
1:56:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted  that [HB 75] is  in the Community                                                               
and  Regional   Affairs  Standing  Committee  which   deals  with                                                               
[established  villages]   and  questioned  whether   there  would                                                               
potentially be  two bills from  two different  committees reading                                                               
differently.  He asked whether  the term "established village" is                                                               
defined  somewhere and  referred to  the current  text [page  28,                                                               
lines 30-31, and page 29, line 1], which read:                                                                                  
                                                                                                                                
     (a) A  local government  may prohibit the  operation of                                                                    
     marijuana  cultivation  facilities,  marijuana  product                                                                    
     manufacturing     facilities,     marijuana     testing                                                                    
       facilities, or retail marijuana stores through the                                                                       
     enactment of an ordinance or by a voter initiative.                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  related that  the added  language reads                                                               
"that  they  may  prohibit  the  operation  of  ...  by  a  voter                                                               
initiative  as  provided  in  [AS  17.38.290]."    He  asked  the                                                               
difference between  the two sentences,  and why the  new language                                                               
is limited to voter initiatives.                                                                                                
                                                                                                                                
MR.  BROWN, in  responding to  Representative Gruenberg,  advised                                                               
the original language was taken  from the ballot initiative which                                                               
only used the  term "local government."  As to  the definition of                                                               
an  "established village,"  he  deferred to  an  expert from  the                                                               
Department of  Law (DOL),  or the Department  of Health  & Social                                                               
Services (DHSS), or another [expert].                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG questioned whether  it was the intent of                                                               
the ballot initiative  to limit "this" to a  voter initiative, or                                                               
whether it was intended to add  an initiative.  The wording could                                                               
be "either by an ordinance or an initiative," he said.                                                                          
                                                                                                                                
1:59:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  called the committee's attention  to [Sec.                                                               
53, AS 17.38.900(17)], page 37, line l5:                                                                                        
                                                                                                                                
          (17) "established village" means an area that                                                                         
          does not contain any part of an incorporated city                                                                     
          or another established village and that is an                                                                         
          unincorporated   community   that    is   in   the                                                                    
          unorganized borough and that has 25 or more                                                                           
          permanent residents;                                                                                                  
                                                                                                                                
2:00:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT referred to  "enactment of an ordinance or                                                               
by a voter initiative," and surmised  that those are the only two                                                               
ways municipalities can actually enact a law.                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  remarked  it  would  depend  upon  the                                                               
situation whether it  is allowed by charter, "or  something."  He                                                               
questioned the  language on  line 1, as  it allows  the enactment                                                               
... that  the prohibition  may be  either by  an ordinance  or an                                                               
initiative, but does not mention on  line 4 that it could be done                                                               
by an  ordinance.   The only word  mentioned is  "initiative," he                                                               
remarked.                                                                                                                       
                                                                                                                                
2:01:14 PM                                                                                                                    
                                                                                                                                
MR. BROWN  turned to Sec.  51, page  29, and highlighted  that it                                                               
removed  the  crime  of  possession of  more  than  four  ounces,                                                               
changed [the  language from] the prohibition  of manufacture with                                                               
a substance  other than  vegetable glycerin  to prevent  a person                                                               
other than a registered marijuana  establishment from producing a                                                               
marijuana  concentrate  or  extract,  to the  language  "using  a                                                               
volatile or  explosive gas,"  it makes  certain exceptions  for a                                                               
medical marijuana  patient registered  under AS  17.37 who  is at                                                               
least  18  years  old  to enter  a  marijuana  establishment  and                                                               
purchase marijuana, and  removes the crime of  possession of more                                                               
than  one  ounce   and  less  than  four  ounces.     He  further                                                               
highlighted that  it removed two  separate sections,  one dealing                                                               
with rehabilitation,  and the  other section  establishing weight                                                               
calculations  for  marijuana plants.    He  pointed out  that  AS                                                               
17.38.260 relating  to weight  calculations for  marijuana plants                                                               
was removed as, he noted, the  ballot initiative was very clear -                                                               
one  ounce  or six  plants  -  the  weight  of the  plants  being                                                               
immaterial.                                                                                                                     
                                                                                                                                
CHAIR LEDOUX  clarified that  Mr. Brown meant  one ounce  and six                                                               
plants.                                                                                                                         
                                                                                                                                
MR. BROWN agreed  and stated if there is no  purpose for weighing                                                               
the plants when  an individual is allowed to  cultivate plants as                                                               
a plant.  He explained it is  no longer the material of the plant                                                               
that is in  question as it is the amount  of plants an individual                                                               
possesses.   Therefore, he  said, determining  the weight  of the                                                               
plants is  unnecessary.  He  explained that the  drafter injected                                                               
the term  "usable marijuana" in  many places throughout  the bill                                                               
that had weight calculations in it previously.                                                                                  
                                                                                                                                
CHAIR  LEDOUX questioned  whether  this draft  goes further  than                                                               
what the initiative requires by using  a four ounce rather than a                                                               
one ounce.                                                                                                                      
                                                                                                                                
MR. BROWN  responded that in  some places, "Yes," to  comply with                                                               
Ravin v. State, 537 P.2d 494 (Alaska 1975) decision.                                                                          
                                                                                                                                
2:03:55 PM                                                                                                                    
                                                                                                                                
MR. BROWN referred to Sec. 51,  [AS 17.38.260], page 33, line 11,                                                               
and  stated  the  term  "marijuana   overdose"  was  removed  and                                                               
replaced  with  "significant  adverse marijuana  reaction."    He                                                               
opined this  is a nod  to the  fact that marijuana  overdoses are                                                               
extremely unlikely.                                                                                                             
                                                                                                                                
2:04:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER  called   attention  to   [Sec.  51,   AS                                                               
17.38.200],  page  29,  line  11, refers  to  an  individual  not                                                               
registered.  On  page 29, line 16, refers to  the maximum as "not                                                               
more than three of which are  mature, flowering plants."  He said                                                               
the comparison  between a  person who is  not registered  on line                                                               
11, and  the person  who is  registered, page  23, and  "yet they                                                               
have exactly the  same subsection (ii)".  He advised  he does not                                                               
understand  why it  would  be  the same.    He  reiterated he  is                                                               
calling  attention to  page 29,  lines 15-16  which appear  to be                                                               
identical to lines  [page 29], 29-30.  He pointed  out that lines                                                               
15-16  are referring  to a  marijuana establishment  that is  not                                                               
registered,  and  lines  29-30   are  referring  to  a  marijuana                                                               
establishment that is registered as a marijuana establishment.                                                                  
                                                                                                                                
MR.  BROWN  explained that  it  appears  to be  another  drafting                                                               
error,  and advised  that  after reviewing  his  notes he  marked                                                               
lines 15-18 out to be amended in the future.                                                                                    
                                                                                                                                
2:06:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  for  confirmation  that the  lines                                                               
would be taken out of "is not a registered ..."                                                                                 
                                                                                                                                
MR. BROWN advised there will be  a discussion about that in order                                                               
to be certain it is completely understood, but yes.                                                                             
                                                                                                                                
2:06:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN referred  to "significant adverse marijuana                                                               
reaction," and advised it is not defined anywhere.                                                                              
                                                                                                                                
CHAIR   LEDOUX  opined   there  is   not  a   provision  defining                                                               
"significant adverse marijuana reaction."                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  recalled a  previous bill  dealing with                                                               
an  individual  in  this  type  of situation  and  could  not  be                                                               
prosecuted, and questioned how the two bills relate.                                                                            
                                                                                                                                
MR.  BROWN  offered  that  the  legislation,  last  session,  was                                                               
Representative  Lance   Pruitt's  bill  offering   immunity  from                                                               
prosecution in the circumstances of  drug overdose.  He explained                                                               
that an individual can call  Emergency Medical Services (EMS), or                                                               
the  police  and  not  be prosecuted  for  being  in  attendance,                                                               
possessing, or  using a controlled  substance for the  purpose of                                                               
saving another  individual's life.   He advised the  language was                                                               
"poached" from Representative Pruitt's bill.                                                                                    
                                                                                                                                
2:09:00 PM                                                                                                                    
                                                                                                                                
MR.  BROWN   responded  in  the  affirmative   to  Representative                                                               
Gruenberg in that it is  another conforming amendment putting all                                                               
of  the   marijuana  together,  and   basically  have   a  fairly                                                               
comprehensive  structure  for   dealing  with  marijuana  related                                                               
crimes.                                                                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG   inquired   whether   there   was   a                                                               
significant  difference between  this version  and Representative                                                               
Pruitt's bill, and that Mr. Brown could get back to him.                                                                        
                                                                                                                                
2:09:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER referred  to Sec. 51, page 31,  line 3, and                                                               
asked for  clarification, "(A) possesses  more than six  but less                                                               
than  25 plants,"  and  on page  31,  line 9,  "(iii)  up to  six                                                               
immature  marijuana  plants  ..."    He  questioned  whether  the                                                               
numbers were 25 or 31.                                                                                                          
                                                                                                                                
MR. BROWN  explained that  the possession of  "more than  six but                                                               
less than  25 plants" is  merely for possession, and  lines 9-10,                                                               
"up to  six immature marijuana  plants for remuneration,"  has to                                                               
do with dealing.   The distinction is possession  and dealing, he                                                               
explained.                                                                                                                      
                                                                                                                                
2:11:00 PM                                                                                                                    
                                                                                                                                
MR. BROWN  continued with Sec.  51, and stated that  AS 17.38.290                                                               
allowing for  forfeiture and  seizure of  property and  monies in                                                               
relation to  marijuana crimes was  deleted.  He pointed  out that                                                               
Sec. 51,  AS 17.38.280, page  33, lines  22-25, was added  and it                                                               
allows for the confidentiality of court records of minors.                                                                      
                                                                                                                                
2:12:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER referred  to Sec.  51, AS  17.38.250, page                                                               
33, lines  7-9, and asked the  attorneys in the room  whether the                                                               
legislature can tell the Alaska  Supreme Court what to do without                                                               
anticipating an attached court rule change.                                                                                     
                                                                                                                                
CHAIR LEDOUX  opined that  "we can on  something like  this," and                                                               
they have not been told by  the court attorney that the committee                                                               
"can't."                                                                                                                        
                                                                                                                                
MR. BROWN advised  he spoke with the representative  of the court                                                               
system and  was told this has  been done a couple  dozen times in                                                               
statute, and the legislature does have the authority.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that the  word "shall" can be used                                                               
in two different ways: mandatory or directive.                                                                                  
                                                                                                                                
2:14:30 PM                                                                                                                    
                                                                                                                                
MR.  BROWN referred  to  Sec.  51, AS  17.38.290  -  Sec. 51,  AS                                                               
17.38.340, page  34, line  26, -  page 37, line  9, which  is the                                                               
local option  rule allowing and defining  local option procedures                                                               
for exemptions from commercial marijuana use.                                                                                   
                                                                                                                                
2:15:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN asked  the committee to refer  to [Sec. 51,                                                               
AS 17.38.280],  page 34, [lines 22-25],  the confidential records                                                               
provision and questioned whether  that mirrors similar provisions                                                               
for   minor  consuming   or  whether   minor  consuming   is  not                                                               
confidential.                                                                                                                   
                                                                                                                                
MR. BROWN offered to get back to him with the correct answer.                                                                   
                                                                                                                                
2:15:55 PM                                                                                                                    
                                                                                                                                
MR. BROWN  related that  Sec. 51, [AS  17.38.220] page  32, lines                                                               
15-16, is amended to read:                                                                                                      
                                                                                                                                
     (c) Misconduct involving marijuana in the third degree                                                                     
     is a violation and is punishable by a fine of $300.                                                                        
                                                                                                                                
MR.  BROWN   responded  to  Representative  Gruenberg   that  the                                                               
previous  language was  "Misconduct  involving  marijuana in  the                                                               
third degree is  a violation and is punishable as  provided in AS                                                               
12.55."    He  offered  that  the statute  set  up  a  series  of                                                               
different  schedules,  procedures,  and  circumstances  with  the                                                               
ballot initiative setting the maximum fine at "$400."                                                                           
                                                                                                                                
2:18:40 PM                                                                                                                    
                                                                                                                                
MR. BROWN  related that  [Sec. 51, AS  17.38.220] page  32, lines                                                               
25-26, were amended to read                                                                                                     
                                                                                                                                
        (b) Misconduct involving marijuana in the fourth                                                                        
      degree is a violation and is punishable by a fine of                                                                      
     $100.                                                                                                                      
                                                                                                                                
MR. BROWN indicated that these two  fines can be paid in the same                                                               
manner as paying a traffic ticket.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG presented the  scenario of an individual                                                               
having two cigarettes  and the total amount is  "whatever it is."                                                               
He inquired as to whether the  individual would be subject to two                                                               
different counts  under the  fourth degree  violation.   He asked                                                               
whether  six cookies  would be  six counts  in the  fourth degree                                                               
with the fine being $600.                                                                                                       
                                                                                                                                
2:20:13 PM                                                                                                                    
                                                                                                                                
MR.  BROWN advised  that is  not his  understanding, unless  each                                                               
joint weighed more than one  ounce, but that would be aggregated.                                                               
He said he will confirm the correct answer.                                                                                     
                                                                                                                                
2:20:38 PM                                                                                                                    
                                                                                                                                
MR. BROWN referred to Sec. 51,  [AS 17.38.200] page 29, lines 11-                                                               
13 "and repeated a couple time throughout," added the language:                                                                 
                                                                                                                                
               (A) is not a registered marijuana                                                                                
               establishment under this chapter or acting                                                                       
               in the person's capacity as an officer,                                                                          
               agent, or employee of the marijuana                                                                              
               establishment and knowingly ...                                                                                  
                                                                                                                                
MR. BROWN  continued to  Sec. 51, [AS  17.38.200] page  29, lines                                                               
15-16,                                                                                                                          
                                                                                                                                
                    (ii) manufactures more than six                                                                             
                    marijuana plants, not more than three                                                                       
                    of which are mature, flowering plants;                                                                      
                                                                                                                                
MR. BROWN referred to Representative  Keller's prior comments and                                                               
noted that the language may be  amended.  However, he added, that                                                               
same language is repeated on page 29, lines 29-30.                                                                              
                                                                                                                                
2:22:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to  [Sec.  51, AS  17.38.200]                                                               
page 29, and said that it  reads that an individual commits first                                                               
degree misconduct if at the time  of the possession the person is                                                               
acting in  the capacity of an  officer, agent or employee  of the                                                               
marijuana establishment.  He opined  it doesn't appear to require                                                               
that  the   person  have  any   knowledge  that   the  particular                                                               
establishment was improperly registered as  all the person has to                                                               
know is that they are transporting marijuana.                                                                                   
                                                                                                                                
2:25:31 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal Division, Department  of Law, referred to  page 29, line                                                               
24, and stated  a "culpable mental state" is  necessary for there                                                               
to be a  crime.  The person under this  provision must be acting,                                                               
and  if an  individual is  acting  in the  capacity of  [officer,                                                               
agent or employee]  they have done a certain  thing, and normally                                                               
when  a statute  doesn't refer  to a  particular culpable  mental                                                               
state,  it would  be knowing  as to  conduct and  reckless as  to                                                               
result.   That  is built  into Title  11 and,  he said,  he would                                                               
assume  that an  appellate court  would read  that into  Title 17                                                               
because unless there  are specific findings about the  need for a                                                               
crime ...  to have strict  liability as a culpable  mental state.                                                               
That is, he  explained, it doesn't make any  difference what your                                                               
state of mind is, unless  there are specific findings, there will                                                               
need to  be a particular state  of mind that a  person has before                                                               
they have committed a crime.                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  suggested inserting  "knowingly,"  so  there is  a                                                               
bright line as opposed to leaving it to the courts to interpret.                                                                
                                                                                                                                
MR. SVOBODNY pointed  out that it is better  when the legislature                                                               
tells the court what it wants the law to be.                                                                                    
                                                                                                                                
2:27:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  referred to  [Sec. 51, AS  17.38.900] page                                                               
37, line 11, which read:                                                                                                        
                                                                                                                                
        (15) "criminal negligence" has the meaning given                                                                        
          in AS 11.81.900;                                                                                                      
                                                                                                                                
REPRESENTATIVE CLAMAN continued that line 19 reads:                                                                             
                                                                                                                                
          (18) "knowingly" has the meaning given in AS                                                                          
          11.81.900;                                                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN  noted that  the only  thing missing  is to                                                               
add the definition of "recklessly"  in reference to Title 11, and                                                               
it probably solves the issue Mr. Svobodny is addressing.                                                                        
                                                                                                                                
MR. SVOBODNY stated he could  not answer the question right away.                                                               
"To be blunt, the drafters  made this issue way too complicated,"                                                               
and he would prefer staying  with the language known for culpable                                                               
mental state.   He defined conduct as "knowingly,"  and result as                                                               
"recklessly,"  or it  could be  with "criminal  negligence."   He                                                               
suggested that in  criminal law there is  generally four culpable                                                               
mental  states, "intentionally"  which  is left  for crimes  like                                                               
murder or robbery.                                                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN opined that the  bill should refer to Title                                                               
11 and  not attempt to  reinvent as  the courts have  spent years                                                               
interpreting those  terms and applying  the statutory terms.   He                                                               
expressed that the legislature should not go anywhere else.                                                                     
                                                                                                                                
2:30:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  referred to  Sec. 27, [AS  12.30.016] page                                                               
19, lines 21-26, which read:                                                                                                    
                                                                                                                                
          (2) submit to a search without a warrant of the                                                                       
          person, the person's personal property, the                                                                           
          person's residence, or any vehicle or other                                                                           
          property over which the person has control, for                                                                       
          the presence of marijuana, marijuana products, or                                                                     
          marijuana accessories by a peace officer who has                                                                      
          reasonable suspicion that the person is violating                                                                     
          the terms of the person's release by possessing                                                                       
          marijuana, marijuana products, or marijuana                                                                           
          accessories;                                                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER  remarked  that this  section  applies  to                                                               
people  on parole  and  questioned whether  this  a standard  for                                                               
anyone on parole.                                                                                                               
                                                                                                                                
MR. SVOBODNY  responded that  he doesn't  have the  statutes with                                                               
him,  but believes  this  section deals  with bail.    It is  the                                                               
provision wherein if an individual  has been charged with a crime                                                               
that involves substances abuse,  there can be special conditions.                                                               
He explained it allows a court  to impose that, as a condition of                                                               
bail release in a crime  involving alcohol or drugs, for example.                                                               
It is not a "shall" as  the court may impose conditions depending                                                               
upon what is  necessary to assure the  individual's appearance in                                                               
court or to protect the public.                                                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER  observed  that  it is  a  red  flag  when                                                               
getting  into  the  area  of  constitutional  rights.    He  then                                                               
referred to [Sec.  37, AS 17.21.090(3)(B)] page  23, lines 11-14,                                                               
which read:                                                                                                                     
                                                                                                                                
                    (i) a crystalline or powder product in                                                                      
                    crystalline, loose powder, block,                                                                           
                    tablet, or capsule form; or                                                                                 
                                                                                                                                
                    (ii) plant material in granular, loose                                                                      
            leaf, powder, or liquid form or used as                                                                             
                    a food additive; and                                                                                        
                                                                                                                                
REPRESENTATIVE  KELLER  noted  that  this  section  is  regarding                                                               
synthetic  drugs, and  the bill  is saying  a synthetic  drug can                                                               
consist of  marijuana.   He questioned  line 13,  subsection [ii]                                                               
wherein it  refers to "loose leaf"  form in that he  thought that                                                               
is what marijuana is.                                                                                                           
                                                                                                                                
MR. SVOBODNY  reiterated he does  not have the statutes  in front                                                               
of him, but believes Representative  Keller is correct that it is                                                               
around the synthetic drug issue.                                                                                                
                                                                                                                                
MR. BROWN  called attention to  Sec. 37, [AS 17.22.090]  page 23,                                                               
lines 8-9, which read:                                                                                                          
                                                                                                                                
          (3) ... introduced into the human body, to                                                                            
          mimic or simulate the effect of a drug, or                                                                            
          controlled substance, or marijuana;                                                                                   
                                                                                                                                
MR. BROWN stated  the two key words are "mimic  or simulate."  He                                                           
then referred to subsection (C), which read:                                                                                    
                                                                                                                                
          (C) not a controlled substance or marijuana.                                                                          
                                                                                                                                
2:34:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to  [Sec. 27, AS12.30.016] page                                                               
19, lines 21-26, which read:                                                                                                    
                                                                                                                                
          (2) submit to a search without a warrant of                                                                           
          the person, the person's personal property,                                                                           
          the person's residence, or any vehicle or                                                                             
          other property over which the person has                                                                              
          control, for the presence of marijuana,                                                                               
          marijuana products, or marijuana accessories                                                                          
        by a peace officer who has reasonable suspicion                                                                         
         that the person is violating the terms of the                                                                          
       person's   release    by   possessing   marijuana,                                                                       
          marijuana products, or marijuana accessories;                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG noted two issues:  (1) can the court say                                                               
as  a condition  of parole,  and  he assumed  probation, that  an                                                               
individual cannot possess  a legal substance.   [Someone from the                                                               
audience said, yes]; and, (2)  a search of an individual's entire                                                               
residence  can be  ordered, even  if the  person only  occupies a                                                               
small portion of it, he continued.                                                                                              
                                                                                                                                
MR. SVOBODNY  answered in the  affirmative and advised  that this                                                               
is the existing bail statute that added marijuana.                                                                              
                                                                                                                                
2:36:27 PM                                                                                                                    
                                                                                                                                
MR. BROWN referred  to Sec. 51, [AS  17.38.200(a)(1)(A)] page 29,                                                               
[lines 17-18], which read:                                                                                                      
                                                                                                                                
                    (iii) transports more than one ounce                                                                        
                    of usable marijuana or more than six                                                                        
                    plants;                                                                                                     
                                                                                                                                
MR.  BROWN  advised that  "usable  marijuana"  was added  to  the                                                               
statute  in reference  to "one  ounce  of" as  it eliminates  the                                                               
whole plant idea.   He noted that since marijuana,  as defined in                                                               
AS  17.38.900,  includes  compounds,  extracts,  resins,  and  so                                                               
forth, it  is one ounce of  usable marijuana no matter  the form.                                                               
He  offered that  it has  been in  place throughout  Sec. 51,  so                                                               
there is  no concern  about hash,  or hash oil,  as it  is usable                                                               
marijuana in whatever form it happens to be.                                                                                    
                                                                                                                                
2:38:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MILLETT   asked   for  clarification   that   an                                                               
individual can have one ounce  of hash oil concentrate, which has                                                               
a high level of THC, in their possession.                                                                                       
                                                                                                                                
MR. BROWN responded "That is my understanding, yes."                                                                            
                                                                                                                                
REPRESENTATIVE KELLER  highlighted that one ounce  of concentrate                                                               
could "stoke"  for quite a while  compared to another kind  of an                                                               
ounce, and the committee must review this further.                                                                              
                                                                                                                                
2:39:42 PM                                                                                                                    
                                                                                                                                
MR. BROWN  referred to Sec. 53,  [AS 17.38.900, page 37,  line 15                                                               
and line 30, which read:                                                                                                        
                                                                                                                                
          (17) "established village" means an area that                                                                         
          does not contain any part of an incorporated city                                                                     
          or another established village and that is an                                                                         
          unincorporated   community   that    is   in   the                                                                    
          unorganized borough and that has 25 or more                                                                           
          permanent residents;                                                                                                  
                                                                                                                                
          (22) "usable marijuana" has the meaning given in                                                                      
          AS 17.37.070.                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether "established  village" is                                                               
a term appearing elsewhere in the law, or whether it was new.                                                                   
                                                                                                                                
MR. BROWN  advised he would  research the  issue and get  back to                                                               
him.                                                                                                                            
                                                                                                                                
2:40:37 PM                                                                                                                    
                                                                                                                                
MR.  BROWN moved  to former  Sec.  77-78, and  advised they  were                                                               
deleted  as  they  were  amendments to  AS  23.31.020(a)  and  AS                                                               
23.30.235  which  pertain  to workers'  compensation.    He  then                                                               
referred  to  former  Sec.  88,  which was  deleted  and  was  an                                                               
amendment to AS 28.15.176 that corrected a drafting error.                                                                      
                                                                                                                                
MR. BROWN referred  to Sec. 116, [28.35.280(a)] page  67, line 3,                                                               
and advised  the section  removed the  following language:  " ...                                                               
request that the person submit to  a chemical test or test of the                                                               
person's  blood  or urine  for  the  purpose of  determining  the                                                               
marijuana content of the person's blood or urine."                                                                              
                                                                                                                                
REPRESENTATIVE MILLETT asked for  clarification that the language                                                               
left in the bill read:                                                                                                          
                                                                                                                                
          (2) request that the person submit to a                                                                               
          chemical test or tests of the person's breath for                                                                     
          the purpose of determining the alcoholic content                                                                      
          of the person's blood or breath; and                                                                                  
                                                                                                                                
MR. BROWN  responded that  instead of saying  the state  can draw                                                               
their blood  or urine,  the legislation is  saying the  state can                                                               
request to take their blood or breath.                                                                                          
                                                                                                                                
MR.  BROWN responded  to Representative  Gruenberg that  he would                                                               
research why  the state does  not test  urine, but is  allowed to                                                               
test breath.                                                                                                                    
                                                                                                                                
2:44:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER referred  to Sec.  107, [AS  28.35.031(a)]                                                               
page 63,  [lines 13-28], and  said that just operating  a vehicle                                                               
...  you  shall  be  considered   to  have  given  consent.    He                                                               
questioned  whether  that  provision   is  possible  under  other                                                               
statutes in Alaska where an  individual cannot give consent until                                                               
the individual  is 18.   He opined that this  section, "presuming                                                               
there is consent, may not be possible in somebody from age 14-                                                                  
18, it would apply to someone 18-21, I don't think."                                                                            
                                                                                                                                
MR.  BROWN  responded  that  this is  existing  statute  and  the                                                               
drafter added marijuana to it, he deferred to Mr. Svobodny.                                                                     
                                                                                                                                
2:45:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN referred to Sec.  116, pages 66-67 and said                                                               
that the implied consent discussed  is not giving authority for a                                                               
blood or urine  test based on the stopping of  an individual.  He                                                               
described it  as setting  it up  so a person  can be  required to                                                               
give a  breath test, and  questioned whether that was  the intent                                                               
of this committee substitute.                                                                                                   
                                                                                                                                
MR. BROWN responded in the affirmative,  and will get back to him                                                               
as to why the drafter chose to keep blood in and take urine out.                                                                
                                                                                                                                
REPRESENTATIVE CLAMAN stated there is no blood test here.                                                                       
                                                                                                                                
REPRESENTATIVE MILLETT  surmised that when an  individual takes a                                                               
breath test measuring  blood alcohol content, it  is not actually                                                               
authorizing a blood  test.  She described it  as basically giving                                                               
authorization  ... putting  marijuana  in  existing statute  even                                                               
though there is not a blow test for marijuana.                                                                                  
                                                                                                                                
2:47:38 PM                                                                                                                    
                                                                                                                                
MR. BROWN referred  to Sec. 119 and 121, [AS  28.35.285(a) and AS                                                               
28.35.285(d)]  page 68-69,  delete  the words  "blood and  urine"                                                               
from  these sections  as they  specifically relate  to a  minor's                                                               
refusal of  a chemical test.   He then referred to  Sec. 130, [AS                                                               
33.30.015(a)(3)(K)]  page  75,  which added  the  word  "possess"                                                               
specifically so  that the Department of  Corrections Commissioner                                                               
can  prohibit a  prisoner from  using, consuming,  and possessing                                                               
marijuana or  marijuana products.   He noted  that Sec. 134  is a                                                               
technical change.  Mr. Brown then  pointed to former Sec. 141 and                                                               
said  that  it deleted  amendments  to  AS 17.38.220(a)(3)  which                                                               
relate  to crimes  for which  juveniles  may now  be punished  as                                                               
adults.   He offered  that this provision  now conflicts  with AS                                                               
17.38.280 [Court  records of violations by  minors confidential.]                                                               
which gives the courts the ability  to seal the records of minors                                                               
convicted of marijuana  violations.  He called  attention to Sec.                                                               
142,  [AS  47.37.040]  page  81, which  adds  the  Department  of                                                               
Administration  to  the list  of  departments  the Department  of                                                               
Health  and  Social Services  must  consult  in establishing  and                                                               
conducting  programs designed  to deal  with the  difficulties of                                                               
persons operating  a motor vehicle  while under the  influence of                                                               
marijuana                                                                                                                       
                                                                                                                                
2:50:28 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX opened  public testimony and offered  the "Close Up"                                                               
students to testify.                                                                                                            
                                                                                                                                
2:50:37 PM                                                                                                                    
                                                                                                                                
HALEY HOBAN  stated that there  are some problems  with marijuana                                                               
becoming legal  in that she  was told marijuana is  being treated                                                               
like alcohol  so "we can't  do blood tests  with it and  we would                                                               
take them  to get blood work."   She noted that  chemical THC can                                                               
stay in an individual's blood for  30-days and there is no way to                                                               
determine  how impaired  someone  is, and  marijuana  may end  up                                                               
being a gateway drug as there  are students her age thinking that                                                               
just because it  is legal they can smoke it,  she expressed.  She                                                               
offered that it  is known kids already smoke it  so this is going                                                               
to be  a bigger problem  because it is legal.   She said  she has                                                               
noticed kids  caught for possessing  or smoking it and  have been                                                               
let  off  very easy  without  necessarily  getting into  trouble.                                                               
Thereby, telling  the kids it  is not  a big deal,  she remarked.                                                               
We have to protect the kids for sure with the drug, she opined.                                                                 
                                                                                                                                
2:52:53 PM                                                                                                                    
                                                                                                                                
MADISON  STIBES said  that  marijuana should  not  be allowed  in                                                               
public areas as a child might see  this and want to do it also so                                                               
adults should not  be encouraging this unhealthy  addiction.  She                                                               
pointed out that people should  not be allowed to smoke marijuana                                                               
before or  during that  person driving as  marijuana will  make a                                                               
person  dizzy  and  lazier,  increasing  the  percentage  of  car                                                               
accidents  and most  likely leading  to more  deaths of  American                                                               
citizens, she remarked.                                                                                                         
                                                                                                                                
2:54:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  noted that  he may offer  an amendment  to a                                                               
bill establishing that marijuana is  illegal within 500 feet of a                                                               
school,  church,  places of  worship,  public  play area  and  so                                                               
forth.                                                                                                                          
                                                                                                                                
2:54:52 PM                                                                                                                    
                                                                                                                                
CAIDEN PETERSEN  said she is  currently in the seventh  grade and                                                               
believes  that marijuana  should never  be smoked  in public,  in                                                               
front of children,  or carried in "pocket slush  bags" in public.                                                               
She expressed  that never should  a smoker  be able to  smoke and                                                               
drive as smoking  marijuana causes an individual to  be loopy and                                                               
dizzy  "so do  you want  your kid  playing near  a street  with a                                                               
person that just smoked a bud  driving by?"  She extended that it                                                               
is extremely dangerous and will hurt the people of Alaska.                                                                      
                                                                                                                                
2:56:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG advised Mr. Brown  that he would like to                                                               
review  information  currently  dealing with  medical  marijuana,                                                               
whether or not it is in the bill.                                                                                               
                                                                                                                                
CHAIR LEDOUX, in response to  Representative Claman regarding the                                                               
initiative  taking  effect  on  February   24,  15,  there  is  a                                                               
possibility  the  Alcoholic  Beverage   Control  Board  (ABC)  is                                                               
holding a meeting to define public place.                                                                                       
                                                                                                                                
2:58:17 PM                                                                                                                    
                                                                                                                                
DON  HART  said he  is  concerned  about the  unconstitutionality                                                               
committee  substitute to  HB 79  raises  in that  it would  cause                                                               
serious  problems  with  the  court  system.    In  addition,  he                                                               
offered, based upon the shortage  of law enforcement officers the                                                               
state would have  to increase law enforcement  "one hundred fold"                                                               
in order to  handle [problems].  He expressed the  bill can force                                                               
people to submit themselves to  searches without a search warrant                                                               
by  adding  the  word  "marijuana"  to  the  particular  criminal                                                               
offenses that exist today.  He  remarked he has heard officers in                                                               
court  repeatedly  testify  that   they  are  entitled  at  their                                                               
discretion to  make any  call they want  - [assuming]  the person                                                               
must be under the influence of  something and force them to go to                                                               
the  hospital and  submit  to  tests.   He  opined  there are  no                                                               
consequences to  law enforcement  officers when [the  results are                                                               
negative]  when they've  violated  the  constitutional rights  to                                                               
privacy in  the State  of Alaska.   He  referred to  the original                                                               
bill and  objected to the  word "containing," and  reiterated his                                                               
concern regarding  police officer's ability to  search a person's                                                               
home  without  a   search  warrant.    The   courts  have  stated                                                               
repeatedly,  he said,  with  a person  on  parole, probation,  or                                                               
personal  bond, the  only  area the  law  enforcement officer  is                                                               
allowed to search is the part the person has access.                                                                            
                                                                                                                                
3:03:01 PM                                                                                                                    
                                                                                                                                
RHONDA  MARCY stated  she agreed  with the  previous speaker  and                                                               
advised she will  submit her testimony in writing.   She said her                                                               
concern  is that  only one  ounce of  body massage  oil would  be                                                               
allowed to  go with a [client].   She related that  the committee                                                               
needs more information before they  fall into the "rhetoric" that                                                               
the  school children  expressed as  far  as this  being an  "evil                                                               
weed,"  and  that  the  state  must not  let  people  see  anyone                                                               
receiving  medical benefits  from  it.   This  is a  "miraculous"                                                               
plant and, she offered, the committee must avoid fear-mongering.                                                                
                                                                                                                                
CHAIR LEDOUX stated that CSHB 79 is held over.                                                                                  
                                                                                                                                
3:05:17 PM                                                                                                                    
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:05 p.m.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HB79 Summary of Changes ver P to ver I.pdf HJUD 2/18/2015 1:00:00 PM
HB 79
Appointments - Violent Crimes - Dr. Brown.pdf HJUD 2/18/2015 1:00:00 PM
Appointments-Violent Crimes Compensation Board
HB79 Supporting Documents - Legal Memo.pdf HJUD 2/18/2015 1:00:00 PM
HB 79
HB79 Draft Proposed CS ver G.pdf HJUD 2/18/2015 1:00:00 PM
HB 79
HB79 Supporting Documents - Timeline.PDF HJUD 2/18/2015 1:00:00 PM
HB 79
HB05 Letter of Suppotr - AARP.PDF HJUD 2/18/2015 1:00:00 PM
HB 5
HB05 Sponsor Statement.pdf HJUD 2/18/2015 1:00:00 PM
HB 5
HB05 Letter of support - AoCA.pdf HJUD 2/18/2015 1:00:00 PM
HB 5
HB05 Fiscal Note-Law.pdf HJUD 2/18/2015 1:00:00 PM
HB 5
HB05 Fiscal Note-HSS.pdf HJUD 2/18/2015 1:00:00 PM
HB 5
HB05 Fiscal Note.pdf HJUD 2/18/2015 1:00:00 PM
HB 5
HB05.pdf HJUD 2/18/2015 1:00:00 PM
HB 5