Legislature(2015 - 2016)CAPITOL 120

02/25/2015 01:00 PM JUDICIARY

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01:08:38 PM Start
01:09:04 PM HB79
02:58:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 25, 2015                                                                                        
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Bob Lynn                                                                                                         
Representative Charisse Millett                                                                                                 
Representative Max Gruenberg                                                                                                    
Representative Neal Foster                                                                                                      
Representative Matt Claman                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
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  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                                                                           
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01/28/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/28/15       (H)       Heard & Held                                                                                           
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02/06/15       (H)       Heard & Held                                                                                           
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02/11/15       (H)       Heard & Held                                                                                           
02/11/15       (H)       MINUTE(JUD)                                                                                            
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02/13/15       (H)       Heard & Held                                                                                           
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02/16/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
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02/18/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/18/15       (H)       Heard & Held                                                                                           
02/18/15       (H)       MINUTE(JUD)                                                                                            
02/20/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/20/15       (H)       Scheduled but Not Heard                                                                                
02/23/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/23/15       (H)       <Bill Hearing Canceled>                                                                                
02/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
THOMAS BROWN, Staff                                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented committee substitute for HB 79 on                                                              
behalf of the House Judiciary Standing Committee, sponsor by                                                                    
request, chaired by Representative LeDoux.                                                                                      
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of CSHB 79, answered                                                                  
questions in her capacity as General Counsel for the Alaska                                                                     
Court System.                                                                                                                   
                                                                                                                                
HILARY MARTIN, Attorney                                                                                                         
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of CSHB 79, answered                                                                  
questions in her capacity as drafter of the legislation.                                                                        
                                                                                                                                
CYNTHIA FRANKLIN, Director                                                                                                      
Alaska Alcohol Beverage Control Board                                                                                           
Department  of  Commerce,  Community, and  Economic  Development,                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During the  hearing of  CSHB 79,  answered                                                             
questions  in her  capacity  as Director  of  the Alaska  Alcohol                                                               
Beverage  Control   Board  and  its  interpretation   of  certain                                                               
provisions.                                                                                                                     
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Alaska Department of Law                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  during the  hearing of                                                             
CSHB 79  in her  capacity as Assistant  Attorney General,  in the                                                               
Alaska Department of Law                                                                                                        
                                                                                                                                
DENNIS CASANOVAS, Major                                                                                                         
Deputy Director                                                                                                                 
Division of Alaska State Troopers                                                                                               
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  in his capacity as Major                                                             
in the Department of Public  Safety regarding legislative history                                                               
and grams of marijuana related to CSHB 79.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:08:38 PM                                                                                                                    
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called  the  House  Judiciary  Standing                                                             
Committee  meeting   to  order   at  1:08   p.m.  Representatives                                                               
Gruenberg, Keller, Lynn,  Millet, and LeDoux were  present at the                                                               
call to order.  Representatives  Foster and Claman arrived as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
        HB  79-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                    
                                                                                                                                
1:09:04 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the only 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."                                                                                                                
                                                                                                                                
1:09:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  adopt committee  substitute (CS)                                                               
for HB 79,  Version 29-LS0409\S, Martin, 2/23/15,  as the working                                                               
document.   There being  no objection, Version  S was  before the                                                               
committee.                                                                                                                      
                                                                                                                                
1:10:12 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  advised that  the intent  is not  to amend  or move                                                               
this bill  today in that  the House Judiciary  Standing Committee                                                               
will  amend  [SB 30]  when  it  arrives  in  committee.   In  the                                                               
meantime, there will  be discussions regarding CSHB  79, in order                                                               
to determine what this body wants in the bill.                                                                                  
                                                                                                                                
1:11:33 PM                                                                                                                    
                                                                                                                                
THOMAS  BROWN,  Staff,  Representative Gabrielle  LeDoux,  Alaska                                                               
State Legislature,  paraphrased the following  sectional analysis                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Sections 1 - 43  are conforming amendments dealing with                                                                    
     under  age   consumption,  impaired   driving,  weapons                                                                    
     misconduct and medical use of marijuana.                                                                                   
                                                                                                                                
     Section 44  relates to  the personal  possession limits                                                                    
     of marijuana.                                                                                                              
                                                                                                                                
     Sections 45 - 49 create  new crimes associated with the                                                                    
     new marijuana industry.                                                                                                    
                                                                                                                                
     Sections 50 relates to options for local governments.                                                                      
                                                                                                                                
     Section  51  creates  new crimes  associated  with  the                                                                    
     misconduct of marijuana.                                                                                                   
                                                                                                                                
     Sections  53 -  56  are  conforming amendments  dealing                                                                    
     with treatment.                                                                                                            
                                                                                                                                
     Sections  57 -  78  are  conforming amendments  dealing                                                                    
     with drug testing in the workplace and employment.                                                                         
                                                                                                                                
     Sections  79 -  126 are  conforming amendments  dealing                                                                    
     with  drivers  licenses  and operating  motor  vehicles                                                                    
     while under the influence of marijuana.                                                                                    
                                                                                                                                
     Sections  127-128  creates  new sections  dealing  with                                                                    
     enforcement and municipal control.                                                                                         
                                                                                                                                
     Sections 129-138  are conforming  amendments concerning                                                                    
     landlords and tenants.                                                                                                     
                                                                                                                                
     Sections  139-158  are  conforming  amendments  dealing                                                                    
     with substance abuse, testing and treatment.                                                                               
                                                                                                                                
     Section 159-160 repealed sections  of law and effective                                                                    
     date.                                                                                                                      
     ______________________________________________________                                                                     
                                                                                                                                
     Section  1  Amends  AS  02.30.030(b)  Operation  of  an                                                                    
     aircraft under the influence.   A person cannot operate                                                                    
     an  aircraft with  a crew  member or  passenger who  is                                                                    
     intoxicated. Adds "marijuana."                                                                                             
                                                                                                                                
     Section 2  Amends AS 04.16.050(e)  Possession, control,                                                                    
     or  consumption  by  a  person under  the  age  of  21.                                                                    
     Requires the court to prohibit  the use of alcohol as a                                                                    
     condition of probation.  Adds "marijuana."                                                                                 
                                                                                                                                
     Section   3   Amends   AS   05.45.100(c)   Duties   and                                                                    
     responsibilities of  skiers.  Prohibiting the  use of a                                                                    
     tramway, ski  slope or trail under  the influence. Adds                                                                    
     "marijuana."                                                                                                               
                                                                                                                                
     Section  4  Amends  AS 08.68.270  Grounds  for  denial,                                                                    
     suspension,  or   revocation.    Grounds   for  denial,                                                                    
     suspension,  or revocation  of  a  nursing license  for                                                                    
     habitual use of alcohol.  Adds "marijuana."                                                                                
                                                                                                                                
     Section 5 Amends  AS 08.72.272 Prohibited prescriptions                                                                    
     in the  practice of  optometry.   Removes VIA  from the                                                                    
     list  of   controlled  substances  an   optometrist  is                                                                    
     prohibited from prescribing.                                                                                               
                                                                                                                                
     Section   6  Amends   AS   08.76.170(a)  Customer   and                                                                    
     transaction  limitations.    Prohibiting  a  pawnbroker                                                                    
     from entering  into a transaction  with someone  who is                                                                    
     impaired. Adds "marijuana."                                                                                                
                                                                                                                                
     Section 7 Amends AS 09.50.170  Abatement of places used                                                                    
     for   certain  acts.      Prohibits  illegal   activity                                                                    
     involving  alcoholic  beverages,  gambling,  controlled                                                                    
     substances  and  prostitution.   Adds  "marijuana  "and                                                                    
     "illegal activity involving marijuana."                                                                                    
                                                                                                                                
     Section  8 Amends  AS  09.60.070(c)  Attorney fees  for                                                                    
     victims of  serious criminal offenses.   The insurer is                                                                    
     liable  in cases  of a  serious  criminal offense.  The                                                                    
     list of these types  of offenses includes driving under                                                                    
     the influence  of alcohol. Driving under  the influence                                                                    
     of "marijuana" is added.                                                                                                   
                                                                                                                                
     Section 9  Amends AS  09.65.210 Damages  resulting from                                                                    
     commission  of a  felony while  under the  influence of                                                                    
     alcohol or drugs.  Prohibits  a person who is operating                                                                    
     a vehicle  under the influence from  collecting damages                                                                    
     in certain circumstances. Adds "marijuana"                                                                                 
                                                                                                                                
     Sections  10  and  11 Amends  AS  09.65.315(a)  Damages                                                                    
     resulting from  driving the vehicle  of a  person under                                                                    
     the  influence of  alcoholic beverages.   This  statute                                                                    
     excludes a  person from  personal liability  beyond the                                                                    
     limits of  an applicable  insurance policy  for damages                                                                    
     resulting from  a motor vehicle accident,  if the owner                                                                    
     of the vehicle was impaired. Adds "marijuana"                                                                              
                                                                                                                                
     Section  12  Amends  AS  09.65.320(b)  Nonrecovery  for                                                                    
     damages for economic losses  resulting from operating a                                                                    
     motor vehicle  while uninsured.  Prohibits  recovery of                                                                    
     noneconomic  losses  in  cases  of  drivers  under  the                                                                    
     influence. Adds "marijuana"                                                                                                
                                                                                                                                
     Section 13 Amends AS 11.41.110(a)  Murder in the second                                                                    
     degree. Relating to misconduct  in the second degree of                                                                    
     a controlled substance. Line  17, removes the reference                                                                    
     to  11.71.040(a)(2) which  is  repealed  in this  draft                                                                    
     (noted on page 91, section 160.)                                                                                           
                                                                                                                                
     Section 14 Amends AS 11.41.150  (a) Murder of an unborn                                                                    
     child.   Line    18,   removing   the    reference   to                                                                    
     11.71.040(a)(2) which is repealed  in this draft (noted                                                                    
     on page 91, section 160.)                                                                                                  
                                                                                                                                
     Section 15 Amends  AS 11.61.200(a) Misconduct involving                                                                    
     weapons  in   the  third  degree.  In   subsection  (4)                                                                    
     knowingly sells or transfers a  weapon to someone under                                                                    
     the  influence of  alcohol or  a controlled  substance.                                                                    
     In subsection (7) A violation  of Crimes of trespass in                                                                    
     the first  degree and during the  violation possesses a                                                                    
     firearm  and  under  the  influence  of  alcohol  or  a                                                                    
     controlled substance.  Adds "marijuana"  in subsections                                                                    
     (4) and (7)                                                                                                                
                                                                                                                                
     Section 16 Amends  AS 11.61.210(a) Misconduct involving                                                                    
     weapons  in the  fourth degree  crimes.   In subsection                                                                    
     (1) it  is misconduct  to possess a  firearm or  have a                                                                    
     firearm inside the vehicle when  impaired and under the                                                                    
     influence of  alcohol or  a controlled  substance. Adds                                                                    
     "marijuana" in subsection (1.)                                                                                             
                                                                                                                                
     Section 17 Amends  AS 11.71.030(a) Misconduct involving                                                                    
     a controlled  substance in the  third degree.   Line 29                                                                    
     in subsection (2) removes reference to VIA.                                                                                
                                                                                                                                
     Section   18  Amends   AS  11.71.040(a)   this  section                                                                    
     clarifies  the repeals  of  AS  11.71.040(a)(2) and  AS                                                                    
     11.71.040(F)  noted   on  page  91,  section   160.  In                                                                    
     subsection (3) on line 13, removes reference to VIA.                                                                       
                                                                                                                                
     Sections 19  and 20  Amends AS  11.71.120(a) Controlled                                                                    
     Substances   Advisory   Committee   Removes   11.71.190                                                                    
     (marijuana)  from the  list of  drugs  reviewed by  the                                                                    
     Controlled Substances Advisory Committee.                                                                                  
                                                                                                                                
     Section 21 Amends  AS 11.71.180(a) Definitions Schedule                                                                    
     VA Substances Removes the  reference of VIA (marijuana)                                                                    
     from the definition of a Schedule VA substances.                                                                           
                                                                                                                                
     Section  22  Amends   AS  11.71.311(a)  Restriction  on                                                                    
     prosecution for  certain persons  in connection  with a                                                                    
     drug overdose.   In cases  which someone  seeks medical                                                                    
     or law  enforcement assistance in cases  of an overdose                                                                    
     of  a  controlled  substance they  are  prevented  from                                                                    
     being prosecution under this section. Adds "marijuana"                                                                     
                                                                                                                                
     Section   23   Amends   AS   11.71.900(4)   Definitions                                                                    
     Controlled  Substances.   Removes  11.71.190  (Schedule                                                                    
     VIA) from the definition of "controlled substances."                                                                       
                                                                                                                                
     Section   24   Amends  AS   11.71.900(13)   Definitions                                                                    
     Manufacture.                                                                                                               
     Adds "the growing of marijuana  for personal use is not                                                                    
     manufacturing" to the definition of                                                                                        
     "manufacture."                                                                                                             
                                                                                                                                
     Section   25    Amends   11.81.900(b)(34)   Definitions                                                                    
     Intoxicated.   Adds  "marijuana" to  the definition  of                                                                    
     "intoxicated."                                                                                                             
                                                                                                                                
     Sections 26  Amends AS 12.30.011(b) Release  for trial.                                                                    
     Conditions  that a  judicial  officer may  impose on  a                                                                    
     person who  is released  on bail. The  judicial officer                                                                    
     can (9)  prohibit the person  from using  or possessing                                                                    
     marijuana;  (18) require  them  to enroll  in the  24/7                                                                    
     testing  program;   and/or  (19)  prohibit   them  from                                                                    
     entering  a  marijuana   retail  store,  as  additional                                                                    
     conditions of release.                                                                                                     
                                                                                                                                
     Section 27  Amends 12.30.016  Release for  before trial                                                                    
     in  certain cases.    Relating to  release  on bail  in                                                                    
     particular types  of cases, by adding  a new subsection                                                                    
     (g) granting a  judge in a case  charging violations of                                                                    
     the new marijuana offenses the  ability to prohibit the                                                                    
     person from using  and/or possessing marijuana, require                                                                    
     them to  submit to searches without  a warrant, require                                                                    
     them to submit to drug  testing, require them to enroll                                                                    
     in the 24/7 testing  program, and prohibiting them from                                                                    
     entering a marijuana retail store.                                                                                         
                                                                                                                                
     Sections 28  and 29 Definitions &  Laboratory report of                                                                    
     a  controlled  substance.    Amends  AS  12.45.080;  AS                                                                    
     12.45.084(a)  AS 12.45.080    Provides the  definitions                                                                    
     for    "marijuana,"   "marijuana    accessories,"   and                                                                    
     "marijuana products"  in AS  12.30.080 are  provided in                                                                    
     AS  17.38.900.     Requirements  for   laboratory  test                                                                    
     requirements  for  DPS  and   law  enforcement.    Adds                                                                    
     "marijuana"  and  "usable  marijuana"  with  the  given                                                                    
     meaning of marijuana given in AS 17.38.900.                                                                                
                                                                                                                                
     Section 30  Amends AS 12.55.015 Fixing  eligibility for                                                                    
     discretionary  parole at  sentences.   (a) Relating  to                                                                    
     sentencing by allowing a court  to order a defendant to                                                                    
     refrain from using marijuana  as a probation condition,                                                                    
     just  as  they  can  currently  order  a  defendant  to                                                                    
     refrain from consuming alcohol. Adds "marijuana."                                                                          
                                                                                                                                
     Section  31 Amends  AS 12.55.015(j)  Fixing eligibility                                                                    
     for  discretionary parole  at  sentences.   To  clarify                                                                    
     that  the courts  are not  limited  or restricted  from                                                                    
     ordering restrictions on  the use of   marijuana at the                                                                    
     time of sentencing  or probation, just as  they are not                                                                    
     limited  in  their orders  about    the consumption  of                                                                    
     alcohol.                                                                                                                   
                                                                                                                                
     Section  32  Amends AS  12.55.15  (c)  (30) Factors  in                                                                    
     aggravation and  mitigation.   This statute  relates to                                                                    
     factors  in aggravation  and  mitigation, and  includes                                                                    
     the  use  of controlled  substances  and  alcohol as  a                                                                    
     factor   in  a   crime  if   the  substance   was  used                                                                    
     incapacitate the victim.  Adds "marijuana"                                                                                 
                                                                                                                                
     Section  33  Amends AS  12.55.155  (c)  (5) Factors  in                                                                    
     aggravation and  mitigation.   This statute  relates to                                                                    
     factors  in aggravation  and  mitigation, and  includes                                                                    
     the  use  of controlled  substances  and  alcohol as  a                                                                    
     factor   in  a   crime  if   the  substance   was  used                                                                    
     incapacitate the victim.  Adds "marijuana"                                                                                 
                                                                                                                                
     Section   34   Amends   AS  12.55.155(g)   Factors   in                                                                    
     aggravation and  mitigation.   This statute  relates to                                                                    
     factors  in aggravation  and  mitigation, and  includes                                                                    
     the  use  of controlled  substances  and  alcohol as  a                                                                    
     factor   in  a   crime  if   the  substance   was  used                                                                    
     incapacitate  the  victim  this section  provides  this                                                                    
     would not  be used  in cases  when the  substances were                                                                    
     taken voluntarily.  Adds "marijuana"                                                                                       
                                                                                                                                
     Section  35  Adds  a  new  paragraph  to  AS  12.55.185                                                                    
     Definitions    Adds  "marijuana"  with  the  definition                                                                    
     provided in AS 17.38.900.                                                                                                  
                                                                                                                                
     Section  36 Amends  AS  17.21.010(b) Illicit  synthetic                                                                    
     drugs.    Relating  to illicit  synthetic  drugs,  adds                                                                    
     marijuana   in   places   that   reference   controlled                                                                    
     substances subsections (B); (C); and (E.)                                                                                  
                                                                                                                                
     Section   37   Amends   AS   17.21.090(3)   Definitions                                                                    
     Synthetic  drug.    Relating   to  the  definitions  of                                                                    
     synthetic   drug  to   include   marijuana  in   places                                                                    
     referencing controlled  substances subsections  (B) and                                                                    
     (C.)                                                                                                                       
                                                                                                                                
     Section   38   Amends    AS   17.30.070(c)   Controlled                                                                    
     substances.   Relating   to   the   classification   of                                                                    
     controlled    substances,    removes    AS    11.71.900                                                                    
     (marijuana.)                                                                                                               
                                                                                                                                
     Section   39   Amends    AS   17.30.080(a)   Controlled                                                                    
     Substances  Act.   Relating to  the Federal  Controlled                                                                    
     Substances  Act  and  prescribing doctors,  removes  AS                                                                    
     11.71.900 (marijuana.)                                                                                                     
                                                                                                                                
     Section   40   Amends    AS   17.30.080(b)   Controlled                                                                    
     Substances  Act.   Relating to  the Federal  Controlled                                                                    
     Substances  Act  and  prescribing doctors.  Removes  AS                                                                    
     11.71.900 (marijuana.)                                                                                                     
                                                                                                                                
     Section 41 Amends AS  17.30.140 Education and research.                                                                    
     Directs the  Department of Health and  Social Services,                                                                    
     working in  cooperation with the Department  of Law and                                                                    
     Public Safety, to develop  educational programs for the                                                                    
     public   regarding   alcohol    and   marijuana   abuse                                                                    
     prevention.                                                                                                                
                                                                                                                                
     Section  42  Amends  AS  17.37.030  Medical  Marijuana.                                                                    
     Relating  to  medical  use of  marijuana,  provides  an                                                                    
     affirmative defense  for registered  caregivers charged                                                                    
     with   offenses  related   to   medical  marijuana   as                                                                    
     previously provided in AS 11.71.090.                                                                                       
                                                                                                                                
     Section 43  Amends AS 17.37.070(a)  Definitions Medical                                                                    
     use  of  Marijuana.     Concerning  the  definition  of                                                                    
     medical use  of marijuana.  Provides the  definition of                                                                    
     "medical use"  for marijuana as previously  provided in                                                                    
     AS 11.71.090.                                                                                                              
                                                                                                                                
     Section 44 Adds AS  17.38.020: Relating to the personal                                                                    
     use of marijuana.                                                                                                          
     Provides:                                                                                                                  
     -Possessing,   using,    displaying,   purchasing,   or                                                                    
     transporting  marijuana  accessories  or one  ounce  or                                                                    
     less marijuana                                                                                                             
     -Possessing, growing,  processing, or  transporting six                                                                    
     marijuana plants, with three  or fewer being mature and                                                                    
     possession of  the marijuana produced by  the plants on                                                                    
     the premises where the plants were grown                                                                                   
     -Transferring one ounce or less  and up to six immature                                                                    
     plants to  a person  21 years of  age or  older without                                                                    
     remuneration                                                                                                               
                                                                                                                                
     Prohibits:                                                                                                                 
     -Use  of marijuana  of in  public  place   Additionally                                                                    
     provides  the   definition  of  "assisting"   does  not                                                                    
     include possessing,  using, displaying,  purchasing, or                                                                    
     transporting marijuana  and marijuana plants  in excess                                                                    
     of the amount allowed in this section.                                                                                     
                                                                                                                                
     Section 45  Amends AS 17.38.070(a) Lawful  operation of                                                                    
     marijuana  related  facilities.    Establishes  that  a                                                                    
     person 21  years of age  or older may own,  operate, be                                                                    
     an agent of or be  employed by a retail marijuana store                                                                    
     with  a  valid  registration  and perform  all  of  the                                                                    
     related  duties and  activities and  not be  prosecuted                                                                    
     for  it  or   have  it  be  a  basis   for  seizure  or                                                                    
     forfeiture.  Language from  Ballot Measure  2 with  the                                                                    
     exception  of the  phrase:  "NOTWITHSTANDING ANY  OTHER                                                                    
     PROVISION  OF  LAW"   and  other  stylistic  clarifying                                                                    
     changes.                                                                                                                   
                                                                                                                                
     Section 46  Amends AS 17.38.070(b) Lawful  operation of                                                                    
     marijuana  related   facilities.  Establishes   that  a                                                                    
     person 21  years of age  or older may own,  operate, be                                                                    
     an agent of  or be employed by  a marijuana cultivation                                                                    
     facility with  a valid registration and  perform all of                                                                    
     the   related  duties   and  activities   and  not   be                                                                    
     prosecuted for it or have it  be a basis for seizure or                                                                    
     forfeiture.  Language from  Ballot Measure  2 with  the                                                                    
     exception  of the  phrase:  "NOTWITHSTANDING ANY  OTHER                                                                    
     PROVISION  OF  LAW"   and  other  stylistic  clarifying                                                                    
     changes.                                                                                                                   
                                                                                                                                
     Section 47  Amends AS 17.38.070(c) Lawful  operation of                                                                    
     marijuana  related   facilities.  Establishes   that  a                                                                    
     person 21  years of age  or older may own,  operate, be                                                                    
     an  agent of  or  be employed  by  a marijuana  product                                                                    
     manufacturing  facility with  a valid  registration and                                                                    
     perform all  of the  related duties and  activities and                                                                    
     not be  prosecuted for  it or  have it  be a  basis for                                                                    
     seizure or  forfeiture. Language from Ballot  Measure 2                                                                    
     with the exception of  the phrase: "NOTWITHSTANDING ANY                                                                    
     OTHER PROVISION OF LAW"  and other stylistic clarifying                                                                    
     changes.                                                                                                                   
                                                                                                                                
     Section 48  Amends AS 17.38.070(d) Lawful  operation of                                                                    
     marijuana  related   facilities.  Establishes   that  a                                                                    
     person 21  years of age  or older may own,  operate, be                                                                    
     an  agent of  or  be employed  by  a marijuana  testing                                                                    
     facility with  a valid registration and  perform all of                                                                    
     the   related  duties   and  activities   and  not   be                                                                    
     prosecuted for it or have it  be a basis for seizure or                                                                    
     forfeiture.  Language from  Ballot Measure  2 with  the                                                                    
     exception  of the  phrase:  "NOTWITHSTANDING ANY  OTHER                                                                    
     PROVISION  OF  LAW"   and  other  stylistic  clarifying                                                                    
     changes.                                                                                                                   
                                                                                                                                
     Section 49  Amends AS 17.38.070(e) Lawful  operation of                                                                    
     marijuana  related  facilities.  Relating  to  licensed                                                                    
     businesses  that operate  in accordance  with the  laws                                                                    
     cannot be  subject to  forfeiture or  seizure. Language                                                                    
     from  Ballot  Measure  2  with  the  exception  of  the                                                                    
     phrase:  "NOTWITHSTANDING ANY  OTHER PROVISION  OF LAW"                                                                    
     and other stylistic clarifying changes.                                                                                    
                                                                                                                                
     Section 50  Amends AS 17.38.090 Rulemaking  Directs the                                                                    
     board  to  adopt  a regulation  that  will  prohibit  a                                                                    
     retail  marijuana store  from  selling  more than  five                                                                    
     grams of marijuana concentrate per day to a costumer.                                                                      
                                                                                                                                
     Section 51 Amends AS  17.38.110(a) Local Control Allows                                                                    
     for  a local  governments and  established villages  to                                                                    
     prohibit   the  operation   of  marijuana   cultivation                                                                    
     facilities,     marijuana     product     manufacturing                                                                    
     facilities, marijuana testing  facilities, or marijuana                                                                    
     retail stores through the act of an ordinance.                                                                             
                                                                                                                                
     Section 52.                                                                                                                
                                                                                                                                
     AS  17.38.200  Misconduct  involving marijuana  in  the                                                                    
     first degree.   A  person commits the  crime of  MIM in                                                                    
     the  1st degree,  which is  a class  A misdemeanor,  if                                                                    
     they do any of the following without a license:                                                                            
     - Possesses 25 or more marijuana plants.                                                                                   
     - Manufactures more than six marijuana plants.                                                                             
     - Delivers or transports more  than one ounce of usable                                                                    
     marijuana or more than six marijuana plants.                                                                               
     - Gives any amount of marijuana to a person under 21.                                                                      
     -   Manufactures  a   marijuana  concentrate   using  a                                                                    
     volatile or explosive gas.                                                                                                 
     - Delivers  or transports one  ounce or less  of usable                                                                    
     marijuana for remuneration.                                                                                                
     - Delivers or transports up  to six immature plants for                                                                    
     remuneration;                                                                                                              
     A  person  with  a registered  marijuana  establishment                                                                    
     commits the crime  of MIM in the 1st degree  if they do                                                                    
     not   comply   with   the  license   requirements   and                                                                    
     knowingly:                                                                                                                 
     - Possesses 25 or more marijuana plants.                                                                                   
     - Manufactures more than six marijuana plants.                                                                             
     - Transports  more than one  ounce of  usable marijuana                                                                    
     or more than six marijuana plants.                                                                                         
     - Delivers  any amount of  marijuana to a  person under                                                                    
     21.                                                                                                                        
     -   Manufactures  a   marijuana  concentrate   using  a                                                                    
     volatile or explosive gas.                                                                                                 
     A  person  with  a registered  marijuana  establishment                                                                    
     commits the crime  of MIM in the 1st degree  if they do                                                                    
     the following with criminal negligence:                                                                                    
     -  Allows a  person to  deliver marijuana  to a  person                                                                    
     under  21 who  is not  a medical  marijuana patient  18                                                                    
     years of age or older.                                                                                                     
     - Allows  a person under  21 years to enter  and remain                                                                    
     in the licensed premise who  is not a medical marijuana                                                                    
     patient 18 years of age or older.                                                                                          
     -  Allows a  person  under 21  years  to use  marijuana                                                                    
     within the licensed premises.                                                                                              
     - Allows a person under 21 to deliver marijuana.                                                                           
     - Delivers marijuana to a person  under 21 who is not a                                                                    
     medical marijuana patient 18 years of age or older.                                                                        
                                                                                                                                
     AS  17.38.210  Misconduct  involving marijuana  in  the                                                                    
     second degree.   A person  commits the crime of  MIM in                                                                    
     the 2nd degree, which is  a class B misdemeanor, if, at                                                                    
     the time of the misconduct, the person:                                                                                    
     - Is  at least  21 years  of age,  is not  a registered                                                                    
     marijuana establishment and knowingly:                                                                                     
          o Possesses 6-25 marijuana plants or possesses;                                                                       
     or                                                                                                                         
          o Delivers more than one ounce of usable                                                                              
     marijuana in a      public place or possesses or                                                                           
     delivers more than six  marijuana plants.                                                                                  
     -  Is  a  registered  marijuana  establishment  not  in                                                                    
     compliance  with  the   registration  requirements  and                                                                    
     knowingly:                                                                                                                 
          o Possesses 6-25 marijuana plants                                                                                     
          o Delivers or sells any amount of marijuana                                                                           
     -  Is  not  a registered  marijuana  establishment  and                                                                    
     knowingly sells any amount of marijuana.                                                                                   
                                                                                                                                
     AS  17.38.220  Misconduct  involving marijuana  in  the                                                                    
     third degree.                                                                                                              
     A  person commits  MIM in  the 3rd  degree, which  is a                                                                    
     violation, if they:                                                                                                        
     - Manufacture marijuana in a  location where the plants                                                                    
     are in public view, not                                                                                                    
     secure from unauthorized access,  or on property not in                                                                    
     possession  of the  person or  without  consent of  the                                                                    
     property owner.                                                                                                            
     - Are under 21 and  attempts to purchase marijuana with                                                                    
     false  identification, or  otherwise misrepresents  the                                                                    
     person's age.                                                                                                              
     - Are  under 18  and possesses,  uses, or  displays any                                                                    
     amount of marijuana.                                                                                                       
     - This  section does  not apply  to a  person assisting                                                                    
     enforcement.                                                                                                               
                                                                                                                                
     AS  17.38.230  Misconduct  involving marijuana  in  the                                                                    
     fourth degree.                                                                                                             
     A  person commits  MIM in  the 4th  degree, which  is a                                                                    
     violation, if they:                                                                                                        
     - Are  over 21  and use  any amount  of marijuana  in a                                                                    
     public place                                                                                                               
     -  Are between  18-20 and  use, display,  or possess  1                                                                    
     ounce or less of marijuana.                                                                                                
                                                                                                                                
     AS 17.38.240  Proof of registration to  be exhibited on                                                                    
     demand; penalty. Requires a licensee  to have a copy of                                                                    
     their marijuana license at  all times when transporting                                                                    
     more  than one  ounce of  marijuana, and  shall present                                                                    
     the license on demand by a peace officer.                                                                                  
                                                                                                                                
     AS  17.38.250  Bail  forfeiture for  certain  offenses.                                                                    
     Requires  the court  to make  a bail  schedule allowing                                                                    
     defendants  to pay  the fine  for violations  without a                                                                    
     court  appearance for  MIM 3rd  (AS 17.38.220)  and MIM                                                                    
     4th (AS 17.38.230.)                                                                                                        
                                                                                                                                
     AS  17.38.260 Restriction  on  prosecution for  certain                                                                    
     persons  in  connection   with  a  significant  adverse                                                                    
     marijuana reaction. A person  may not be prosecuted for                                                                    
     various  marijuana  misconduct  crimes if  that  person                                                                    
     seeks,  in  good  faith,  medical  or  law  enforcement                                                                    
     assistance  for another  person who  is believed  to be                                                                    
     experiencing a  significant adverse  marijuana reaction                                                                    
     and the  person remains  at the scene  until assistance                                                                    
     arrives and cooperates with  medical or law enforcement                                                                    
     personnel.                                                                                                                 
                                                                                                                                
     AS  17.38.270  Affirmative  defense  to  a  prosecution                                                                    
     under  AS  17.38.200 -  AS  17.38.230;  medical use  of                                                                    
     marijuana.                                                                                                                 
     In  a prosecution  for  certain MIM  crimes,  it is  an                                                                    
     affirmative defense  that the  defendant is  a patient,                                                                    
     or the primary caregiver for a patient, and:                                                                               
     - At the time of  the alleged misconduct, the person is                                                                    
     a medical marijuana cardholder.                                                                                            
     - The alleged misconduct  complies with requirements of                                                                    
     AS 17.37 and the defendant  is the primary or alternate                                                                    
     caregiver.                                                                                                                 
                                                                                                                                
     AS  17.38.280 Court  records  of  violations by  minors                                                                    
     confidential.                                                                                                              
     The  court records  of  a MIM  crime  or violation  are                                                                    
     confidential if the person is under 18 years of age.                                                                       
                                                                                                                                
     AS 17.38.290 Local option.                                                                                                 
     An established village shall  prohibit the operation of                                                                    
     marijuana establishments  if a  majority of  the voters                                                                    
     in the  election approve the  ban. A ballot to  adopt a                                                                    
     local  option   must  contain   language  substantially                                                                    
     similar  to the  following:  "Shall  (name of  village)                                                                    
     adopt  a  local option  to  prohibit  the operation  of                                                                    
     marijuana establishments? (yes or no)."                                                                                    
                                                                                                                                
     AS 17.38.300 Removal of local option.                                                                                      
     An established  village shall remove a  local option if                                                                    
     a majority  of the  voters vote  to remove  the option.                                                                    
     The option is  repealed effective the first  day of the                                                                    
     month following certification  of the election results.                                                                    
     A  ballot question  to remove  a local  option must  at                                                                    
     least  contain  language   similar  to  the  following:                                                                    
     "Shall  (name  of  village)  remove  the  local  option                                                                    
     currently in  effect, that  prohibits the  operation of                                                                    
     marijuana establishments,  so that  there is  no longer                                                                    
     any local option in effect?  (yes or no)." When issuing                                                                    
     a  registration in  an area  that has  removed a  local                                                                    
     option, the  board shall give priority  to an applicant                                                                    
     who was formerly licensed.                                                                                                 
                                                                                                                                
     AS 17.38.310  Effect of  local option  on registrations                                                                    
     of prohibition of marijuana establishments.                                                                                
     If  a local  option is  in  effect, the  board may  not                                                                    
     issue,  renew,   or  transfer  a  registration   for  a                                                                    
     marijuana  establishment located  within the  perimeter                                                                    
     of the village.                                                                                                            
                                                                                                                                
     AS 17.38.320 Procedure for local option elections.                                                                         
     An election to adopt or  remove a local option shall be                                                                    
     conducted as follows:                                                                                                      
     -  The lieutenant  governor shall  place on  a separate                                                                    
     ballot  at  a  special  election  the  content  from  a                                                                    
     petition  that   received  at   least  35   percent  of                                                                    
     registered voters within the village.                                                                                      
     - The  election may not  be conducted during  the first                                                                    
     24 months  after the local  option was adopted  or more                                                                    
     than once in a 36-month period.                                                                                            
     - Another  petition may  not be  filed until  after the                                                                    
     question  presented  in  the first  petition  has  been                                                                    
     voted  on.  Only  one  local  option  question  may  be                                                                    
     presented in an election.                                                                                                  
     -                                                                                                                          
     AS 17.38.330 Establishment  of perimeter of established                                                                    
     village.                                                                                                                   
     For purposes of the local  option law, the perimeter of                                                                    
     a village is a circle  around the village that includes                                                                    
     an area  within a five-mile  radius of the  post office                                                                    
     of the village,  or a five-mail radius  of another site                                                                    
     selected by the local governing  body, or the board, if                                                                    
     the  village doesn't  have a  local governing  body. If                                                                    
     the   perimeter   overlaps   with   another   village's                                                                    
     perimeter,  and that  other village  has not  adopted a                                                                    
     local option, then  the local option does  not apply in                                                                    
     the overlapping area.                                                                                                      
                                                                                                                                
     AS 17.38.340  Notice of the  results of a  local option                                                                    
     election.                                                                                                                  
     If a majority  of the voters approve or  remove a local                                                                    
     option, the lieutenant governor  shall notify the board                                                                    
     of the results immediately  following the election, and                                                                    
     the board  shall immediately  notify the  Department of                                                                    
     Law and the Department of Public Safety.                                                                                   
                                                                                                                                
     Section   53   Amends   AS   17.38.900(6)   Definitions                                                                    
     Marijuana. Provides the definition of marijuana.                                                                           
                                                                                                                                
     Section  54   Adds  a  new  section   to  AS  17.38.900                                                                    
     Definitions.       Adds   definitions    for   criminal                                                                    
     negligence,     deliver(y),    established     village,                                                                    
     knowingly,  manufacture, marijuana  concentrate, public                                                                    
     place and "usable marijuana."                                                                                              
                                                                                                                                
     Section  55 Amends  AS 18.66.100(c)  Protective orders:                                                                    
     eligible  petitioners;  relief. Allows  for  protective                                                                    
     orders  to require  the  respondent  to participate  in                                                                    
     marijuana abuse treatment programs                                                                                         
                                                                                                                                
     Sections  56;  57  Amends AS  18.67.080;  AS  18.67.101                                                                    
     Violent  Crimes Compensation.    Prohibits the  violent                                                                    
     crimes compensation  board from denying a  victim based                                                                    
     on their  use of marijuana  or from being injured  in a                                                                    
     vehicle  operated by  someone  under  the influence  of                                                                    
     marijuana                                                                                                                  
                                                                                                                                
     Section   58  Amends   AS  21.42.365(b)   Coverage  for                                                                    
     treatment of  alcoholism or  drug abuse.  For insurance                                                                    
     purposes  defines  drug   abuse  to  include  marijuana                                                                    
     dependency                                                                                                                 
                                                                                                                                
     Section 59  Amends AS 23.10.600(a)  Employer protection                                                                    
     from litigation.   Prohibits  legal actions  against an                                                                    
     employer for drug testing, and  the results of the drug                                                                    
     testing.    Adds  marijuana  and  marijuana  impairment                                                                    
     testing.                                                                                                                   
                                                                                                                                
     Section 60  Amends AS 23.10.600(b)  Employer protection                                                                    
     from litigation.   Creates an  exception in  cases when                                                                    
     an  employer tampers  with a  test or  creates a  false                                                                    
     positive.  Adds marijuana.                                                                                                 
                                                                                                                                
     Section 61  Amends AS 23.10.600(d)  Employer protection                                                                    
     from litigation.   Prohibits  legal actions  against an                                                                    
     employer  for a  false  negative  test. Adds  marijuana                                                                    
     impairment testing.                                                                                                        
                                                                                                                                
     Section 62  Amends AS 23.10.600(e)  Employer protection                                                                    
     from litigation.  Prohibits action against  an employer                                                                    
     for  not   implementing  drug  testing   or  prevention                                                                    
     programs.   Adds  marijuana   impairment  testing   and                                                                    
     marijuana.                                                                                                                 
                                                                                                                                
     Section  63 Amends  AS 23.10.610  Limits  on causes  of                                                                    
     action for  disclosures.   Prohibits action  against an                                                                    
     employer for defamation, slander  or libel due to their                                                                    
     use  of a  drug  or alcohol  test.  Adds marijuana  and                                                                    
     marijuana impairment testing.                                                                                              
                                                                                                                                
     Section  64  Amends  AS 23.10.620(a)  Employer  policy.                                                                    
     Prohibits  employers from  conducting drug  and alcohol                                                                    
     testing  without first  adopting a  written policy  and                                                                    
     properly informing employees. Adds marijuana.                                                                              
                                                                                                                                
     Section  65  Amends  AS 23.10.620(b)  Employer  policy.                                                                    
     Describes  the requirements  for  a  written policy  on                                                                    
     drug testing. Adds marijuana.                                                                                              
                                                                                                                                
     Section  66  Amends  AS 23.10.620(c)  Employer  policy.                                                                    
     Allows employers  to test for drug  and alcohol testing                                                                    
     and investigation. Adds marijuana impairment testing.                                                                      
                                                                                                                                
     Section  67  Amends  AS 23.10.620(e)  Employer  policy.                                                                    
     Describes the  parameters of employer drug  and alcohol                                                                    
     testing Adds marijuana.                                                                                                    
                                                                                                                                
     Section  68  Amends  AS 23.10.620(f)  Employer  policy.                                                                    
     Clarifies  the  statute  requirements for  alcohol  and                                                                    
     drug impairment testing are not  in an effort to hinder                                                                    
     testing   by  employers.   Adds  marijuana   impairment                                                                    
     testing.                                                                                                                   
                                                                                                                                
     Section  69   Amends  AS  23.10.630(a)   Collection  of                                                                    
     samples.  Allows employers  to test potential employees                                                                    
     for alcohol impairment. Adds marijuana.                                                                                    
                                                                                                                                
     Section  70   Amends  AS  23.10.630(c)   Collection  of                                                                    
     samples.    Describes  how alcohol  impairment  testing                                                                    
     should   be   scheduled.  Adds   marijuana   impairment                                                                    
     testing.                                                                                                                   
                                                                                                                                
     Section  71   Amends  AS  23.10.630(d)   Collection  of                                                                    
     samples.   Requires  employers to  pay the  entire cost                                                                    
     for   alcohol  testing.   Adds  "marijuana   impairment                                                                    
     testing."                                                                                                                  
                                                                                                                                
     Section 72  Amends AS 23.10.640(a)  Testing procedures.                                                                    
     Adds "marijuana impairment".                                                                                               
                                                                                                                                
     Section  73  Amends  AS 23.10.645(a)  On-site  testing.                                                                    
     Adds "marijuana" to the list  of substances an employer                                                                    
     can include in its on-site testing policy.                                                                                 
                                                                                                                                
     Section  74  Amends  AS   23.10.650  Training  of  test                                                                    
     administrators.    Adds  "marijuana"  to  the  list  of                                                                    
     substances    included    in   the    certified    test                                                                    
     administrator training program.                                                                                            
                                                                                                                                
     Section   75    Amends   AS    23.10.655   Disciplinary                                                                    
     procedures.   Includes  "marijuana impairment  testing"                                                                    
     to the  list of tests  that permit an employer  to take                                                                    
     adverse employment  action if there is  a positive drug                                                                    
     test and it violates the employer's written policy.                                                                        
                                                                                                                                
     Section  76  Amends  AS  23.10.660  Confidentiality  of                                                                    
     results;  access  to   records.    Includes  "marijuana                                                                    
     impairment  test"  to  the  list   of  tests  that  are                                                                    
     privileged and confidential, and  may only be disclosed                                                                    
     to   the   employee   in  question,   the   individuals                                                                    
     designated by  the employer  to evaluate  test results,                                                                    
     or  if  the  disclosure  is   ordered  by  a  court  or                                                                    
     governmental agency.                                                                                                       
                                                                                                                                
     Section  77 Amends  AS  23.10.670  Effect of  mandatory                                                                    
     testing  obligations.     Adds   "marijuana  impairment                                                                    
     testing" to  provide that an employer  who is obligated                                                                    
     by  state  or federal  law  to  have drug  and  alcohol                                                                    
     testing  shall   receive  the  full   protections  from                                                                    
     litigation contained within AS 23-10.600 - 23.10.699.                                                                      
                                                                                                                                
     Section   78    Amends   AS    23.10.699   Definitions.                                                                    
     "Marijuana" has the meaning given in AS 17.38.900.                                                                         
                                                                                                                                
     Section   79   Amends   AS  25.20.061   Visitation   in                                                                    
     proceedings  involving  domestic  violence.    Includes                                                                    
     "marijuana"  in  the  list  of  substances  a  domestic                                                                    
     violence perpetrator  shall abstain from  possessing or                                                                    
     consuming during  parent/child visitation and  24 hours                                                                    
     prior.                                                                                                                     
                                                                                                                                
     Section  80 Amends  AS 28.01.010(j)  Provisions uniform                                                                    
     throughout state.   Pertaining to the  requirement that                                                                    
     ignition interlock  devices must be applied  to all DUI                                                                    
     crimes, Includes "marijuana" in  the list of substances                                                                    
     that could incur DUI.                                                                                                      
                                                                                                                                
     Section  81 Amends  AS 28.15.031(b)  Persons not  to be                                                                    
     licensed.   Adds "marijuana" to the  list of substances                                                                    
     that, if used habitually to  the degree that the person                                                                    
     is   incapable  of   safely   driving,  precludes   the                                                                    
     department  from issuing  a  driver's  license to  that                                                                    
     person.                                                                                                                    
                                                                                                                                
     Section 82  Amends AS 28.15.046(d) Licensing  of school                                                                    
     bus  drivers.    Pertaining to  disqualifications  from                                                                    
     being  issued  a  school  bus  driver's  license,  adds                                                                    
     "marijuana" to the list of  substances that can incur a                                                                    
     DUI. Mainly conforming language to the DUI statutes.                                                                       
                                                                                                                                
     Section  83 AS  28.15.046(k)  Licensing  of school  bus                                                                    
     drivers.  Pertaining to persons  permitted to receive a                                                                    
     school bus  driver's license,  adds "marijuana"  to the                                                                    
     list of substances that can incur a DUI.                                                                                   
                                                                                                                                
     Section  84  Amends   AS  28.15.081(a)  Examination  of                                                                    
     applicants.   Applicants  for a  driver's license  must                                                                    
     undergo  a test  of  the applicant's  knowledge of  the                                                                    
     laws   and  effects   of  list   of  substances.   Adds                                                                    
     "marijuana" to the list of  substances contained in the                                                                    
     test.                                                                                                                      
                                                                                                                                
     Section  85  Amends  AS   28.15.085  Alcohol  and  drug                                                                    
     awareness   and  safety   examination  of   applicants.                                                                    
     Pertaining  to  a person  applying  for  a new  license                                                                    
     after   the   previous   license  has   expired,   adds                                                                    
     "marijuana" to the list of substances.                                                                                     
                                                                                                                                
     Section  86   Amends  AS   28.15.165(c)  Administrative                                                                    
     revocations   and   disqualifications  resulting   from                                                                    
     chemical  sobriety  tests  and refusals  to  submit  to                                                                    
     tests.   Adds  "marijuana"  to the  list of  substances                                                                    
     that can incur a DUI.                                                                                                      
                                                                                                                                
     Section  87   Amends  AS   28.15.166(g)  Administrative                                                                    
     review of revocation.  Adds  "marijuana" to the list of                                                                    
     substances that can incur a DUI.                                                                                           
                                                                                                                                
     Section  88 Amends  AS 28.15.181(a)  Court suspensions,                                                                    
     revocations, and limitations.   Adds "marijuana" to the                                                                    
     list of  substances that  can incur  a DUI  or refusal,                                                                    
     which  leads   to  immediate  license   revocation,  if                                                                    
     convicted.                                                                                                                 
                                                                                                                                
     Section  89   Amends  AS   28.15.183(a)  Administrative                                                                    
     revocation of  license to drive.   Includes "marijuana"                                                                    
     into the administrative  license revocation statutes as                                                                    
     it relates to the crime  of a minor operating a vehicle                                                                    
     after consuming alcohol.                                                                                                   
                                                                                                                                
     Section  90   Amends  AS   28.15.183(h)  Administrative                                                                    
     revocation of  license to drive.   Adds "marijuana" and                                                                    
     "marijuana   abuse  treatment"   to  ensure   that  the                                                                    
     juvenile  ASAP program,  if required  before issuing  a                                                                    
     new  license,  is  waived  if  marijuana  treatment  is                                                                    
     unavailable where that person resides.                                                                                     
                                                                                                                                
     Section  91   Amends  AS   28.15.184(g)  Administrative                                                                    
     review  of  revocation  of a  minor's  license.    Adds                                                                    
     "marijuana" to  a provision referencing the  crime of a                                                                    
     minor operating a vehicle after consuming alcohol.                                                                         
                                                                                                                                
     Section  92 Amends  AS  28.15.191(e)  Court and  parole                                                                    
     board reports  to department;  surrender of  license or                                                                    
     identification card.  Adds  "marijuana" to provide that                                                                    
     the court  shall report to  the department  every legal                                                                    
     change  of   name  of  any  person   considered  to  be                                                                    
     afflicted with  a mental disability  or is  an habitual                                                                    
     user of alcohol, marijuana, or another drug.                                                                               
                                                                                                                                
     Section  93 Amends  AS  28.15.191(g)  Court and  parole                                                                    
     board reports  to department;  surrender of  license or                                                                    
     identification card.   Adds "marijuana" to  the section                                                                    
     of law  that requires the court  to surrender someone's                                                                    
     ID  card,  enable the  court  to  order a  person  from                                                                    
     refraining  from  marijuana  consumption, in  the  same                                                                    
     fashion  as   alcohol,  as  part  of   a  sentence  for                                                                    
     conviction  under 28.35.030,  28.35.032, or  some other                                                                    
     similar thing.                                                                                                             
                                                                                                                                
     Section  94 Amends  AS  28.15.191(h)  Court and  parole                                                                    
     board reports  to department;  surrender of  license or                                                                    
     identification  card.   Adds "marijuana"  to a  statute                                                                    
     relating to conditions of parole and notification.                                                                         
                                                                                                                                
     Section  95   Amends  AS   28.15.271(e)  Fees.     Adds                                                                    
     "marijuana" to  a statute relating  to the  issuance of                                                                    
     new  licenses to  replace a  cancelled  license due  to                                                                    
     being  restricted  from   purchasing  alcohol.  If  the                                                                    
     person  has  been  ordered to  refrain  from  consuming                                                                    
     alcoholic beverages under Title 4.                                                                                         
                                                                                                                                
     Section 96  Amends AS  28.20.230(c) Proof  of financial                                                                    
     responsibility  for the  future.   Adds "marijuana"  to                                                                    
     the list of substances that  can incur a DUI or refusal                                                                    
     charge.                                                                                                                    
                                                                                                                                
     Section 97  Amends AS 28.33.030 Operating  a commercial                                                                    
     motor vehicle.   Operating a motor  vehicle while under                                                                    
     the  influence  of  an alcoholic  beverage,  marijuana,                                                                    
     inhalant, or controlled substance.  Adds "marijuana"                                                                       
                                                                                                                                
     Section 98  Amends AS 28.33.031(a) Implied  consent for                                                                    
     operators   of  commercial   motor   vehicles.     Adds                                                                    
     "marijuana" to statutes relating to DUI and refusal.                                                                       
                                                                                                                                
     Section  99   Amends  AS   28.33.130(a)  Out-of-service                                                                    
     orders.   Adds  "marijuana" to  the list  of substances                                                                    
     that  are prohibited  from being  consumed in  the past                                                                    
     four hours while operating  a commercial motor vehicle.                                                                    
     This also includes possession  of marijuana, unless the                                                                    
     marijuana is  manifested and documented  as part  of an                                                                    
     authorized shipment of cargo.                                                                                              
                                                                                                                                
     Section   100   Amends   AS   28.33.140(a)   Conviction                                                                    
     resulting in  disqualification from  driving commercial                                                                    
     vehicle.    Adds  "marijuana"   to  offenses  that  are                                                                    
     grounds for  immediate disqualification from  driving a                                                                    
     commercial motor vehicle.                                                                                                  
                                                                                                                                
     Section 101  Amends AS 28.33.190 Definitions.   Defines                                                                    
     "marijuana"  as having  the same  meaning  given in  AS                                                                    
     17.38.900.                                                                                                                 
                                                                                                                                
     Section  102  Amends AS  28.35.028(h)(1)  Court-ordered                                                                    
     treatment.   Includes "marijuana" into  the definitions                                                                    
     of  "court-ordered  treatment program"  and  "treatment                                                                    
     plan".                                                                                                                     
                                                                                                                                
     Section  103  Amends  AS 28.35.029(a)  Open  container.                                                                    
     Provides that  a person may  not drive a  motor vehicle                                                                    
     when  there  is  an  open marijuana  container  in  the                                                                    
     passenger  compartment  with  the  exceptions  provided                                                                    
     below (b.)                                                                                                                 
                                                                                                                                
     Section  104  Amends  AS 28.35.029(b)  Open  container.                                                                    
     Creates  exceptions  to  an  open  marijuana  container                                                                    
     being in the vehicle: the  container is in the trunk of                                                                    
     the vehicle;  behind the last  upright seat  in certain                                                                    
     vehicles; behind  a solid partition that  separates the                                                                    
     driver  from  the  passengers,   or  certain  types  of                                                                    
     passenger vehicles.                                                                                                        
                                                                                                                                
     Section  105  Amends  AS 28.35.029(c)  Open  container.                                                                    
     Defines  "open  marijuana  container" as  a  receptacle                                                                    
     that contains marijuana,  is open or has  a broken seal                                                                    
     and there  is evidence  marijuana has been  consumed in                                                                    
     the vehicle.                                                                                                               
                                                                                                                                
     Section   106  Amends   AS  28.35.030(a)   Operating  a                                                                    
     vehicle,  aircraft   or  watercraft  while   under  the                                                                    
     influence  of  an   alcoholic  beverage,  inhalant,  or                                                                    
     controlled  substance.   Adds  "marijuana"  to the  DUI                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Section   107  Amends   AS  28.35.030(b)   Operating  a                                                                    
     vehicle,  aircraft   or  watercraft  while   under  the                                                                    
     influence  of  an   alcoholic  beverage,  inhalant,  or                                                                    
     controlled  substance.   Adds  "marijuana"  to the  DUI                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Section  108 Amends  AS  28.35.031(a) Implied  consent.                                                                    
     Adds "marijuana"  to the list of  substances associated                                                                    
     with DUI. A person is  considered to have given consent                                                                    
     to  a chemical  test if  lawfully arrested  for driving                                                                    
     impaired on those substances.                                                                                              
                                                                                                                                
     Section  109 Amends  AS  28.35.031(g) Implied  consent.                                                                    
     Adds "marijuana"  to the implied consent  statute. With                                                                    
     probable  cause, consent  is implied  to test  blood or                                                                    
     urine for  the presence of  marijuana if the  person is                                                                    
     involved in a motor  vehicle accident that causes death                                                                    
     or serious physical injury to another person.                                                                              
                                                                                                                                
     Section 110  Amends AS  28.35.032(a) Refusal  to submit                                                                    
     to  chemical test.   Adds  "marijuana"  to the  refusal                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Section 111  Amends AS  28.35.032(e) Refusal  to submit                                                                    
     to  chemical test.   Adds  "marijuana"  to the  refusal                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Section  112 Amends  AS  28.35.033(a) Presumptions  and                                                                    
     chemical   analysis  of   breath   or   blood.     Adds                                                                    
     "marijuana" to  the list of substances  associated with                                                                    
     DUI statutes, and changes                                                                                                  
                                                                                                                                
     Section  113 Amends  AS 28.35.035(a)  Administration of                                                                    
     chemical tests  without consent.   Adds  "marijuana" to                                                                    
     the  statute  providing that  a  chemical  test can  be                                                                    
     administered  without consent  if  the offender  causes                                                                    
     death or physical injury to another person.                                                                                
                                                                                                                                
     Section  114 Amends  AS 28.35.035(b)  Administration of                                                                    
     chemical tests  without consent.   Adds  "marijuana" to                                                                    
     the  statute   that  an   unconscious  person   who  is                                                                    
     incapable  of   refusal  is  considered  not   to  have                                                                    
     withdrawn   consent  and   a  chemical   test  may   be                                                                    
     administered.                                                                                                              
                                                                                                                                
     Section   115  Amends   AS  28.35.039(1)   Definitions:                                                                    
     Alcohol safety  and controlled substances.   Amends the                                                                    
     definition  of  "alcohol   safety  action  program"  to                                                                    
     include marijuana.                                                                                                         
                                                                                                                                
     Section   116   Amends    AS   28.35.039   Definitions:                                                                    
     Marijuana.  Adds a  new paragraph providing "marijuana"                                                                    
     has the meaning set forth in AS 17.38.900.                                                                                 
                                                                                                                                
     Section 117  Amends AS  28.35.280(a) Minor  operating a                                                                    
     vehicle after consuming alcohol.   A peace officer with                                                                    
     probable cause  can arrest or  request a  chemical test                                                                    
     from a minor, who is at  least 14 years of age, but not                                                                    
     yet  21, for  suspicion  of operating  a vehicle  after                                                                    
     consuming   alcohol.     This   section  includes   the                                                                    
     operation of  motor vehicles, aircraft,  or watercraft.                                                                    
     Adds "Marijuana."                                                                                                          
                                                                                                                                
     Section 118  Amends AS  28.35.280(b) Minor  operating a                                                                    
     vehicle after  consuming alcohol.   In  cases involving                                                                    
     minors  and vehicles  if a  chemical test  is performed                                                                    
     and the  discovery of any  amount of alcohol  is found,                                                                    
     the  person is  cited  and released  to their  parental                                                                    
     guardian or legal custodian.  Adds "Marijuana."                                                                            
                                                                                                                                
     Section 119  Amends AS  28.35.280(d) Minor  operating a                                                                    
     vehicle   after    consuming   alcohol.       Involving                                                                    
     sentencing,  fines  and  community work  for  a  minors                                                                    
     found  guilty   of  operating   a  vehicle   under  the                                                                    
     influence of alcohol.  Adds "Marijuana"                                                                                    
                                                                                                                                
     Sections 120-123 Amends  AS 28.35.285(a);(c);(d) Minors                                                                    
     refusal to  submit to  chemical test.   The  refusal to                                                                    
     submit to  a chemical test  of a person's breath,  is a                                                                    
     violation subject  to the  same caveats  and conditions                                                                    
     attending a minor's  refusal to submit to  a request of                                                                    
     a  peace officer  to undergo  chemical  testing.   Adds                                                                    
     "marijuana."                                                                                                               
                                                                                                                                
     Section  124;125  Amends   AS  28.35.290(a);(b)  Minors                                                                    
     Driving  during  the 24  hours  after  being cited  for                                                                    
     alcohol   or   breath   test   offenses.      Involving                                                                    
     sentencing,  fines  and  community work  for  a  minors                                                                    
     found guilty of operating a  vehicle during the 24 hour                                                                    
     period after being cited for  operating a vehicle under                                                                    
     the influence of alcohol.  Adds "marijuana"                                                                                
                                                                                                                                
     Section 126;127  Amends AS 29.10.200; AS  29.35 Article                                                                    
     1  Limitation of  home rule  powers.   Municipal powers                                                                    
     and duties.  Adds a  new section, involving the general                                                                    
     powers of  municipalities. Provides the right  to limit                                                                    
     marijuana to the state  and municipalities cannot enact                                                                    
     or  enforce  an   ordinance  inconsistent  with  17.38,                                                                    
     except as  specifically provided by state  statute. The                                                                    
     section   applies  to   home  rule   and  general   law                                                                    
     municipalities.                                                                                                            
                                                                                                                                
     Section 128 Amends AS 33.16.060(c)  Duties of the board                                                                    
     of  parole.   To conform  to the  removal of  marijuana                                                                    
     from inclusion  under the  definition of  a "controlled                                                                    
     substance" by  separately identifying "marijuana"  as a                                                                    
     substance falling within the purview of the subsection                                                                     
                                                                                                                                
     Section  129  Amends   AS  33.16.150(b)  Conditions  of                                                                    
     parole.     Adds   subsection  (b)(11)   which  permits                                                                    
     prohibiting  the  entry  into  an  establishment  where                                                                    
     marijuana  is   sold  or   otherwise  dispensed   as  a                                                                    
     condition of parole.                                                                                                       
     Section   130   Amends  AS   33.16.900(3)   Definitions                                                                    
     Controlled   Substance   Removes    AS   11.71.190   or                                                                    
     "marijuana"  from the  schedule  of control  substances                                                                    
     definition provided for the chapter.                                                                                       
                                                                                                                                
     Section  131 Amends  AS 33.30.015(a)  Living conditions                                                                    
     for   prisoners.      Describes   the   authority   and                                                                    
     limitations   of  the   commissioner  of   corrections.                                                                    
     Subsection (a)(3)(k) relating  to controlled substances                                                                    
     and alcohol, adds "marijuana."                                                                                             
                                                                                                                                
     Section 132 Amends AS  33.30.065(b) Service of sentence                                                                    
     by electronic  monitoring.   In determining  whether to                                                                    
     designate a  prisoner to serve  a term  of imprisonment                                                                    
     or  period   of  temporary  commitment   by  electronic                                                                    
     monitoring.     Adds   "marijuana"  to   the  list   of                                                                    
     substances of  abuse for consideration  for determining                                                                    
     whether electronic monitoring is appropriate.                                                                              
                                                                                                                                
     Sections  133- 137  Tenant  obligation Landlord  Tenant                                                                    
     Act.     Amends  AS  34.03.120;  AS   34.03.360(7);  AS                                                                    
     34.05.100(a);  AS 34.05.100(d)(1)  Activities a  tenant                                                                    
     may not knowingly  engage in on rented  premises.  Adds                                                                    
     " illegal activity involving marijuana."                                                                                   
                                                                                                                                
     Section  138  Amends  AS 44.19.645(a)  Alaska  Criminal                                                                    
     Justice   Commission.      Removes  AS   11.71.190   or                                                                    
     "marijuana"  from  the  list of  controlled  substances                                                                    
     reviewed by the Alaska  Criminal Justice Commission for                                                                    
     the   purposes  evaluation   of  sentencing   laws  and                                                                    
     criminal justice practices.                                                                                                
                                                                                                                                
     Section 139  Amends AS 47.10.900(17)  Child in  Need of                                                                    
     Aid  Definitions Intoxicant   Adds  "marijuana" to  the                                                                    
     definition of "intoxicant."                                                                                                
                                                                                                                                
     Section   140   Amends   AS  47.17.024(a)   Duties   of                                                                    
     practitioners of the healing  arts.  Requirement that a                                                                    
     practitioner must  notify closest office  of Department                                                                    
     of  Health  and  Social Services  if  the  practitioner                                                                    
     determines infant  adversely affected by  alcohol, drug                                                                    
     abuse or  misuse of  inhalants or  hazardous materials.                                                                    
     Adds "marijuana."                                                                                                          
                                                                                                                                
     Section 141 Amends AS  47.37.010 Declaration of policy.                                                                    
     The  State's policy  of recognizing,  appreciating, and                                                                    
     reinforcing examples of sobriety;  and in its policy of                                                                    
     not criminally prosecuting  "alcoholics and intoxicated                                                                    
     persons" finding treatment to  be a better option. Adds                                                                    
     "marijuana."                                                                                                               
                                                                                                                                
     Section 142  Amends AS  47.37.030 Powers  of Department                                                                    
     of Health and Social Services.   The list of prevention                                                                    
     and treatment  programs the Department is  empowered to                                                                    
     establish and maintain;  in addition, treats "marijuana                                                                    
     abusers"  throughout  subsections  in  same  manner  as                                                                    
     alcoholics and persons addicted to other substances.                                                                       
                                                                                                                                
     Section 143  Amends AS  47.37.040 Duties  of Department                                                                    
     of  Health  and Social  Services.    The Department  of                                                                    
     Health and  Social Services  with corporation  from the                                                                    
     Department  of  Public  Safety  and  Administration  is                                                                    
     required  to  implement  prevention-of-abuse  programs.                                                                    
     Adds "marijuana  abuse" and "marijuana abusers"  to the                                                                    
     list of types of activity  for which these programs are                                                                    
     developed.                                                                                                                 
                                                                                                                                
     Section 144 Amends  AS 47.37.170(b) Protective custody.                                                                    
     By  including  marijuana  in  the  list  of  causes  of                                                                    
     incapacitation  requiring peace  officers  to take  the                                                                    
     incapacitated  person   into  protective   custody  and                                                                    
     deliver  the   incapacitated  person  to   a  treatment                                                                    
     facility or  secure facility. Minors are  not permitted                                                                    
     to be placed in jail or other secure facility.                                                                             
                                                                                                                                
     Section 145  Amends AS 47.37.170(d) Definitions.   List                                                                    
     of causes of incapacitation  for which an incapacitated                                                                    
     person  may not  be held  beyond his  or her  period of                                                                    
     incapacitation,  or  for  more  than 48  hours  in  any                                                                    
     event, at a facility. Adds "marijuana."                                                                                    
                                                                                                                                
     Section  146  Amends   AS  47.37.170(f)  Treatment  and                                                                    
     services   for   intoxicated    persons   and   persons                                                                    
     incapacitated  by alcohol  or drugs.   If  a person  is                                                                    
     admitted  to an  approved treatment  facility, and  not                                                                    
     incapacitated  by drugs  or alcohol,  they can  request                                                                    
     that his  or her next of  kin not be notified  and this                                                                    
     will  be  upheld.    Adds  a person  can  also  not  be                                                                    
     incapacitated by use marijuana for this privilege.                                                                         
                                                                                                                                
     Section  147  Amends  AS  47.37.170(g)  No  action  for                                                                    
     damages.   List of incapacitating substances  which, if                                                                    
     caused  an  incapacitated  person   to  be  taken  into                                                                    
     custody,   prevents   an  incapacitated   person   from                                                                    
     bringing  an action  for damages,  unless damages  were                                                                    
     caused by  gross negligence or  intentional misconduct.                                                                    
     Adds "marijuana"                                                                                                           
                                                                                                                                
     Section 148  Amends AS 47.37.170(i) Detention.   Adding                                                                    
     marijuana incapacitation to  the rules governing length                                                                    
     of  time  an incapacitated  person  may  be held  in  a                                                                    
     detention facility.                                                                                                        
                                                                                                                                
     Section   149   Amends    AS   47.37.180(a)   Emergency                                                                    
     commitment.   By adding incapacitation by  marijuana to                                                                    
     the list of incapacitating  substances that qualify for                                                                    
     committing  an  incapacitated  person  to  an  approved                                                                    
     public treatment facility for emergency treatment.                                                                         
                                                                                                                                
     Section   150   Amends  AS   47.37.190(a)   Involuntary                                                                    
     commitment.    By  adding  marijuana  to  the  list  of                                                                    
     substances  which, if  abused,  can,  along with  other                                                                    
     criteria, form the basis for involuntary commitment.                                                                       
                                                                                                                                
     Section  151  Amends   AS  47.37.205(a)  Procedure  for                                                                    
     recommitment  following 30-day  commitment.   By adding                                                                    
     marijuana to  the list of substances  which, if abused,                                                                    
     can,  along with  other criteria,  form  the basis  for                                                                    
     extended involuntary commitment.                                                                                           
                                                                                                                                
     Section   152  Amends   AS  47.37.270(1)   Definitions:                                                                    
     Alcoholic or  drug abuser.   Alcoholic or  drug abuser,                                                                    
     commissioner, department, drugs  by including marijuana                                                                    
     and marijuana abuser in the defined terms.                                                                                 
                                                                                                                                
     Section 153  Amends AS 47.37.270(4)  Definitions: Drugs                                                                    
     By defining  the term "drugs" in  reference to statutes                                                                    
     which no  longer include marijuana  as a  controlled or                                                                    
     scheduled substance.                                                                                                       
                                                                                                                                
     Section   154  Amends   AS  47.37.270(7)   Definitions:                                                                    
     Incapacitated.      Incapacitated  by   alcohol,   adds                                                                    
     marijuana  to the  definition of  what it  means to  be                                                                    
     incapacitated.                                                                                                             
                                                                                                                                
     Section  155   Amends  AS   47.37.270(10)  Definitions:                                                                    
     Intoxicated  person.    By   adding  marijuana  to  the                                                                    
     definition of what it means to be intoxicated.                                                                             
                                                                                                                                
     Section   156  Amends   AS  47.38.020(a)   Alcohol  and                                                                    
     substance   abuse  monitoring   program.     By  adding                                                                    
     marijuana  to the  list of  substances prohibited  from                                                                    
     use by a parolee enrolled in certain programs.                                                                             
                                                                                                                                
     Section   157  Amends   AS  47.38.020(c)   Alcohol  and                                                                    
     substance   abuse  monitoring   program  twice   a  day                                                                    
     testing.   By  adding  marijuana to  the provision  for                                                                    
     twice-a-day testing  under the  program of  release and                                                                    
     parole.                                                                                                                    
                                                                                                                                
     Section 158 Repeals the enumerated statutes.                                                                               
                                                                                                                                
     Section  159 Amends  the uncodified  law  of Alaska  by                                                                    
     adding  a  new  section  which provides  that  the  Act                                                                    
     applies  to   offenses  committed   on  or   after  the                                                                    
     effective  date   of  the  Act;  except   that  certain                                                                    
     exceptions  apply  to  amendments  affecting  sentences                                                                    
     imposed on or  after the effective date  for an offense                                                                    
     committed   on  or   after  the   effective  date;   to                                                                    
     amendments that  apply to causes  of action  accrued on                                                                    
     or  after  the  effective  date  of  the  Act;  and  to                                                                    
     amendments that apply to conditions of parole ordered                                                                      
     on or after the effective date of the Act.                                                                                 
                                                                                                                                
      Section 160 Provides for an immediate effective date                                                                      
     pursuant to AS 01.10.070(c).                                                                                               
                                                                                                                                
1:12:35 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  corrected the  sectional  analysis  in each  member's                                                               
packet  by pointing  to  the  bottom of  the  first  page in  the                                                               
"Overview" it  reads "Sections 129-138 are  conforming amendments                                                               
concerning landlords and tenants."   He advised that is an error.                                                               
The  "Overview"  should  read "Sections  129-132  are  conforming                                                               
amendments dealing  with the Department of  Corrections; Sections                                                               
133-137  concern landlords  and tenants;  and, Section  138 is  a                                                               
conforming   amendment   dealing   with  the   criminal   justice                                                               
commission."                                                                                                                    
                                                                                                                                
1:15:34 PM                                                                                                                    
                                                                                                                                
MR. BROWN pointed  to Sec. 50 and 52, page  29, beginning line 6,                                                               
and said the  new Sec. 50 amends AS 17.38.090  by instructing the                                                               
Marijuana Control Board, yet to  be created, that it should adopt                                                               
a regulation  prohibiting a  retail marijuana  establishment from                                                               
selling more  than five grams  of marijuana concentrate  per day,                                                               
per customer.                                                                                                                   
                                                                                                                                
CHAIR LEDOUX assumed that five grams is less than one ounce.                                                                    
                                                                                                                                
MR. BROWN responded "significantly less."                                                                                       
                                                                                                                                
CHAIR  LEDOUX further  assumed an  individual is  not allowed  to                                                               
have more than five grams of marijuana concentrate.                                                                             
                                                                                                                                
MR. BROWN  advised "that is  correct."  It is  simply eliminating                                                               
the amount  an individual  can purchase from  a retail  outlet of                                                               
marijuana concentrate per day.                                                                                                  
                                                                                                                                
CHAIR LEDOUX  offered that  an individual  could go  to different                                                               
stores and  purchase five grams from  each store.  She  asked the                                                               
thought process behind this [provision].                                                                                        
                                                                                                                                
MR.  BROWN   responded  that   since  marijuana   concentrate  is                                                               
considered to be more potent  than regular marijuana, it was wise                                                               
to consider limiting the amount  any customer could purchase in a                                                               
single day from  a single outlet.  He advised  that no real ideas                                                               
have been put forth as to how to prevent that scenario.                                                                         
                                                                                                                                
1:17:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG reiterated that  the bill reads that one                                                               
store cannot  sell more than  five grams of concentrate  each day                                                               
to one customer.  He opined  that would not prohibit the customer                                                               
from going from store to store.                                                                                                 
                                                                                                                                
MR. BROWN advised "that is  exactly correct and [the drafters] do                                                               
not have a way around that yet."                                                                                                
                                                                                                                                
1:18:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   asked   whether  it   is   wise   or                                                               
constitutional  for the  board to  do this  all by  regulation or                                                               
should this be in the statute.                                                                                                  
                                                                                                                                
MR. BROWN  opined that  the strongest  arguments against  this is                                                               
that this does not belong in  a criminal bill.  He further opined                                                               
this would  more appropriately  be in a  regulatory bill  as this                                                               
subsection is not criminal law.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  questioned   whether  the  legislature                                                               
should enact it, or a board.                                                                                                    
                                                                                                                                
1:19:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT remarked that  she had a long conversation                                                               
with  Senator Coghill  regarding  this amendment  and whether  it                                                               
should be in this bill.   She noted that where the initiative was                                                               
vague on quantity of hash oil,  it left a broad range of quantity                                                               
of  hash oil  that one  could possess.   However,  she said,  the                                                               
initiative  did limit  the  amount of  marijuana  plants and  the                                                               
marijuana itself.   This  is an  attempt to  also limit  hash oil                                                               
because five  grams of hash oil  has the same amount  of quantity                                                               
as one  ounce of leaf marijuana.   She related that  leaving hash                                                               
oil out  of the bill, but  limiting the amount of  plants and the                                                               
amount of  leaf marijuana  an individual can  possess would  be a                                                               
failure on  the part of  the legislature.   She offered  that THC                                                               
and hash  oil are much stronger  than an ounce of  marijuana leaf                                                               
that an  individual smokes.   Ingesting hash  oil is a  much more                                                               
direct  form of  medicinal  value than  smoking  marijuana.   She                                                               
acknowledged "this is  a clumsy way to  do it" but it  is part of                                                               
the  committee   process  that   the  House   Judiciary  Standing                                                               
Committee  come  up  with  ...  five grams  of  hash  oil  equals                                                               
approximately one ounce of marijuana.   She noted that within the                                                               
initiative there  is not a  limitation on hash oil  whereas there                                                               
are limitations on  leaf marijuana.  She opined it  would be wise                                                               
for the committee to consider "something."                                                                                      
                                                                                                                                
1:21:23 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  said  that  if   the  intent  is  to  prohibit  an                                                               
individual from possessing, displaying,  consuming more than five                                                               
grams of  hash oil then  the criminal bill  should say no  one is                                                               
allowed to have more  than five grams of hash oil.    She offered                                                               
that  the  committee could  consider  that  language rather  than                                                               
saying that "an  establishment can't ... if we say  that, then it                                                               
would also  be forbidden  to sell  more than  five grams  of hash                                                               
oil."   She opined  that there is  a regulation  stipulating that                                                               
one store  cannot sell more than  five grams of hash  oil, yet it                                                               
is still not illegal for an  individual to possess more than five                                                               
grams of hash oil.  Chair  LeDoux expressed that she was not sure                                                               
this way accomplishes  what the committee may or may  not want to                                                               
do but is something to consider.                                                                                                
                                                                                                                                
1:22:58 PM                                                                                                                    
                                                                                                                                
MR. BROWN referred to [Sec. 52,  AS 17.38.200], page 29, line 28,                                                               
and noted that it adds the  words "delivers or" to the provision,                                                               
which read:                                                                                                                     
                                                                                                                                
      (iii) delivers or transports more than one ounce of                                                                       
     usable marijuana or more than six plants;                                                                                  
                                                                                                                                
MR. BROWN noted  it is replicated a multiple  of times throughout                                                               
the bill with similar instances.                                                                                                
                                                                                                                                
1:23:26 PM                                                                                                                    
                                                                                                                                
MR. BROWN  responded in the  affirmative to Chair LeDoux  that he                                                               
is referring to [AS 17.38.200(a)(1)(A)](iii).                                                                                   
                                                                                                                                
CHAIR  LEDOUX   noted  that   prior  to   this  change   it  read                                                               
"transports."    She questioned  if  anyone  knew the  difference                                                               
between "delivers" and "transports."                                                                                            
                                                                                                                                
1:23:49 PM                                                                                                                    
                                                                                                                                
MR. BROWN  opined that "transporting" is  simply moving something                                                               
from  one  place  to  another.   Whereas,  "delivery"  implies  a                                                               
commercial  aspect  but,  his  definitions  could  be  wrong,  he                                                               
acknowledged.                                                                                                                   
                                                                                                                                
1:24:18 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  pointed the committee  to [Sec. 52,  AS 17.38.200],                                                               
page 30, lines 3-6, "for remuneration."                                                                                         
                                                                                                                                
1:24:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN offered  that classic  delivery is  a sale                                                               
and  there are  statutes with  "intent to  deliver."   Possession                                                               
with intent to  deliver is an individual in the  process of sale,                                                               
he explained.   Whereas, "transportation"  is when  an individual                                                               
is caught with an illegal substance  in a vehicle or an airplane.                                                               
There is not a sale, but  there is an assumption [the product] is                                                               
being  taken to  Point B,  for  purposes of  delivery except  the                                                               
individual is caught before arriving at Point B.                                                                                
                                                                                                                                
1:25:41 PM                                                                                                                    
                                                                                                                                
MR. BROWN  referred the  committee to [Sec.  52], page  29, lines                                                               
28-29, and page  30, lines 3-6 wherein the  language is "delivers                                                               
or transports  more than  one ounce of  usable marijuana  or more                                                               
than  six  marijuana  plants,"   which  is  above  the  threshold                                                               
established by  the initiative.   He continued that  according to                                                               
the initiative  and this bill  it is legal  to possess up  to one                                                               
ounce  of marijuana  and six  marijuana plants.   He  referred to                                                               
page 29,  lines 28-29, and  stated the language makes  it illegal                                                               
to deliver or transport more than that legal amount.                                                                            
                                                                                                                                
MR. BROWN  then addressed page 30,  lines 3-6, and said  it makes                                                               
the distinction  that an individual  cannot deliver  or transport                                                               
any amount for remuneration.                                                                                                    
                                                                                                                                
CHAIR LEDOUX pointed out that  when talking about remuneration it                                                               
was  supposed   to  be  the   difference  between   delivery  and                                                               
transport.   She assumed delivery  means something  an individual                                                               
is  transporting or  delivering for  remuneration, as  opposed to                                                               
transporting and  taking it from  Point A to  Point B.   She then                                                               
referred to  two sections [page  30, lines 3-6] which  talk about                                                               
the same thing, but "for remuneration."                                                                                         
                                                                                                                                
1:27:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT reiterated  that the  bill is  clumsy "at                                                               
best"  for  what  the  committee  is  trying  to  do.    Possibly                                                               
Legislative  Legal and  Research  Services  could offer  language                                                               
clarifying the issue.                                                                                                           
                                                                                                                                
1:27:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER said  he is  not sure  he understands  the                                                               
discussion.   He then moved  to the difference between  [Sec. 52,                                                               
AS 17.38.200(a)(1)(A)], page 29, line 22-24, which read:                                                                        
                                                                                                                                
     (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 ...                                                                                            
                                                                                                                                
REPRESENTATIVE KELLER  and the scenario  described on  page [Sec.                                                               
52, AS 17.38200(a)(1)(B)], page 30, lines 7-11, which read:                                                                     
                                                                                                                                
     (B) is a registered  marijuana establishment under this                                                                    
     chapter  or  acting  in the  person's  capacity  as  an                                                                    
     officer,   agent   or   employee   of   the   marijuana                                                                    
     establishment, the  possession, manufacture, transport,                                                                    
     or delivery  does not comply  with the  requirements of                                                                    
     the registration, and the person knowingly ...                                                                             
                                                                                                                                
REPRESENTATIVE  KELLER understood  Mr. Brown  to mention  earlier                                                               
that  there  was  a  typo,  but  he  still  did  not  understand.                                                               
Representative Keller  pointed out that  [A] is not  a registered                                                               
marijuana  establishment,  and  [B]  is  a  registered  marijuana                                                               
establishment and he gets lost in the difference.                                                                               
                                                                                                                                
1:28:55 PM                                                                                                                    
                                                                                                                                
MR.  BROWN explained  that  [(A)], page  29,  beginning line  22,                                                               
stated the  only people allowed  to possess more than  six plants                                                               
or one ounce  limit are registered marijuana  establishments.  He                                                               
then read  a portion  of (A)  "if someone  is 'not'  a registered                                                               
marijuana  establishment" they  may not  possess that  amount for                                                               
any  reason.     Whereas,  if  an   individual  is  transporting,                                                               
possessing, manufacturing,  or delivering  any of  these amounts,                                                               
the individual is breaking the law.                                                                                             
                                                                                                                                
MR. BROWN further  explained that [(B)], page  39, beginning line                                                               
7,   references  an   individual   as   a  registered   marijuana                                                               
establishment that is not complying  with the requirements of the                                                               
registration and are knowingly,  personally, possessing above the                                                               
established amount.   He agreed that the  language was cumbersome                                                               
and  awkward   because  the  state  did   not  have  registration                                                               
requirements yet,  so to suggest  an individual is  not complying                                                               
is a catch-22, at best.                                                                                                         
                                                                                                                                
1:30:23 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  conveyed she was  still confused with  the language                                                               
because if an individual is  a registered marijuana establishment                                                               
who is  not complying  with the terms  of the  registration, then                                                               
the individual is not a  registered marijuana establishment.  She                                                               
offered the scenario  that if a bar has a  liquor license and the                                                               
ABC board takes away its liquor  license because the bar is doing                                                               
something wrong,  then the bar cannot  sell liquor as if  it is a                                                               
bar.                                                                                                                            
                                                                                                                                
MR. BROWN advised that this  actually takes place before, in said                                                               
scenario, "they yank your license.   This is the reason they yank                                                               
your license."                                                                                                                  
                                                                                                                                
1:30:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT related  that it would be as if  a bar did                                                               
not have  a license  but was  selling alcohol, or  the bar  has a                                                               
license and  is selling liquor  but transporting it in  the wrong                                                               
way.                                                                                                                            
                                                                                                                                
1:31:31 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX questioned if the  bar is transporting it or selling                                                               
it in the wrong way ...                                                                                                         
                                                                                                                                
REPRESENTATIVE MILLETT stated  it is very clumsy the  way ... "we                                                               
should probably work on this  section" because she imagined there                                                               
is  better  language  to  say  it is  illegal  to  transport  the                                                               
quantity of marijuana being discussed.                                                                                          
                                                                                                                                
1:32:06 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  suggested it is  the same crime for  the registered                                                               
marijuana  establishment  who  is  not complying  with  being  an                                                               
appropriate  registered  marijuana   establishment,  as  with  an                                                               
individual not registered in the first place.                                                                                   
                                                                                                                                
1:32:22 PM                                                                                                                    
                                                                                                                                
MR. BROWN noted  there are legal minds online or  in the audience                                                               
to assist.                                                                                                                      
                                                                                                                                
1:32:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  referred to the definitions  in [Sec. 54,                                                               
AS 17.38.900(16), page 37, lines 27-29, which read:                                                                             
                                                                                                                                
     (16)   "deliver"  or   "delivery"  means   the  actual,                                                                    
     constructive, or attempted transfer  from one person to                                                                    
     another  of  marijuana,  whether  or not  there  is  an                                                                    
     agency relationship;                                                                                                       
                                                                                                                                
CHAIR LEDOUX  noted there did  not appear  to be a  definition of                                                               
transport on pages 37-38.                                                                                                       
                                                                                                                                
1:33:49 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE,  General  Counsel,  Office  of  the  Administrative                                                               
Director, Alaska Court  System, said the court  system is neutral                                                               
on this bill, but she may  be able to assist in understanding the                                                               
provisions.    The  definition of  "transport"  means  to  carry.                                                               
Transport is not a  defined term a court would look  to, as it is                                                               
a commonly understood definition,  she explained.  The definition                                                               
of "deliver" is  that an individual is about to  give a [product]                                                               
to another  individual at the  end of the transport,  whether for                                                               
sale or  as a gift,  or otherwise.   The Senate bill  was drafted                                                               
for transport and delivery to be two different concepts.                                                                        
                                                                                                                                
1:34:57 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  referred to  the  issues  previously discussed  on                                                               
pages  29-30, beginning  line  22.   The  issue  is a  registered                                                               
marijuana   establishment  that   does   not   comply  with   the                                                               
requirements of registration.                                                                                                   
                                                                                                                                
MS.  MEADE reminded  the  committee  to keep  in  mind these  are                                                               
criminal laws being  passed so the law  enforcement officer would                                                               
look  to which  section of  law was  violated.   She offered  the                                                               
scenario of an unregistered individual  being in possession of 40                                                               
plants, the officer  will cite under (A)(1).   She explained that                                                               
if the  individual is  registered and  an establishment,  such as                                                               
The  Brown Jug  and  "messing  up" the  officer  will cite  under                                                               
(B)(1) because  the individual is registered,  and not complying.                                                               
She opined that Legislative Legal  and Research Services opted to                                                               
split  (A) and  (B) into  two  separate subsections  of the  same                                                               
misdemeanor crime.                                                                                                              
                                                                                                                                
1:36:33 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX questioned Hilary Martin  why she chose to draft the                                                               
language in the manner she drafted the provisions.                                                                              
                                                                                                                                
HILARY MARTIN,  Attorney, Legislative Legal  Counsel, Legislative                                                               
Legal  and Research  Services, Legislative  Affairs Agency,  said                                                               
for example,  the issue  is whether the  committee wants  to make                                                               
possession  of 25  or more  marijuana  plants a  crime, the  bill                                                               
could read  that it is a  crime.  However, under  the initiative,                                                               
the  issue  becomes  that   there  are  marijuana  establishments                                                               
authorized to grow marijuana plants.   They will likely have more                                                               
than 25  plants, so  there must  be a system  that allows  for an                                                               
individual that  is a  registered establishment  operating within                                                               
the bounds  of their registration,  to have more plants  than 25.                                                               
The  issue then  becomes, for  example,  "a retail  store is  not                                                               
licensed  to actually  grow  plants, and  then  they are  growing                                                               
plants.   Then you have to  ... then they are  not complying with                                                               
their  registration, and  so  that is  a crime."    She said  the                                                               
reason  she  separated  the  issues is  that  there  are  regular                                                               
individuals not  registered and  committing illegal  actions, and                                                               
there are registered individuals not  complying with the terms of                                                               
their registration.                                                                                                             
                                                                                                                                
1:38:37 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  asked why on  [page 29, lines 26-27],  (A)(iii) the                                                               
language  is  "delivers or  transports  more  than one  ounce  of                                                               
usable  marijuana  ..."  Whereas   on  [page  30,  lines  15-16],                                                               
(B)(iii) the  language only talks  about "transporting  more than                                                               
one ounce of usable marijuana ..."                                                                                              
                                                                                                                                
1:39:54 PM                                                                                                                    
                                                                                                                                
MS. MARTIN  advised she did not  have an answer as  sections (i)-                                                               
(v) are the same, except for [(iii)].                                                                                           
                                                                                                                                
1:40:16 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX offered  that it  may not  be a  drafting error  as                                                               
there may  have been an  amendment in the  Senate and it  was not                                                               
necessarily caught.                                                                                                             
                                                                                                                                
1:40:30 PM                                                                                                                    
                                                                                                                                
MR. BROWN advised Chair LeDoux that  she was correct, as this was                                                               
added  from the  previous version  as  an amendment  and it  only                                                               
included the section on page 29,  and did not include the section                                                               
on  page 30.    The amendment  was  not complete  as  it did  not                                                               
address everything.                                                                                                             
                                                                                                                                
1:40:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   asked  whether  the  list   given  on  a                                                               
registered non-compliant  establishment is a  comprehensive list.                                                               
He then asked the scope of potential violations.                                                                                
                                                                                                                                
MR. BROWN responded that such a  list does not yet exist but will                                                               
be addressed in  the regulatory bill which was  introduced in the                                                               
Senate today.                                                                                                                   
                                                                                                                                
1:42:03 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX quiered whether a  violation of a regulation that is                                                               
not legislated by the legislature,  but is promulgated by the ABC                                                               
Board  or  a  possible  Marijuana  Control  Board,  can  lead  to                                                               
criminal sanctions as opposed to regulatory licensing problems.                                                                 
                                                                                                                                
1:42:40 PM                                                                                                                    
                                                                                                                                
MS.  MEADE responded  that violations  by  boards can  be put  on                                                               
Supreme Court "bail  schedules."  She opined that  this bill sets                                                               
up two misdemeanors and three  violations.  The violations are to                                                               
be put  on bail schedules  which are easier  to think of  as fine                                                               
schedules.    The legislature  tells  the  Supreme Court  to  put                                                               
certain things  that are violations  on a schedule so  people can                                                               
pay their ticket without showing up  at court.  The court may put                                                               
regulations on  bail schedules  as well,  so law  enforcement can                                                               
enforce  the regulations  through  a ticket  or  otherwise.   She                                                               
opined  that the  executive branch  cannot create  crimes through                                                               
regulations, but there are violations on bail schedules.                                                                        
                                                                                                                                
1:43:53 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX   surmised  that  penalties   can  be   created  by                                                               
regulations, but a crime must  be created through the legislative                                                               
body.                                                                                                                           
                                                                                                                                
1:44:06 PM                                                                                                                    
                                                                                                                                
MS.  MEADE answered  in the  affirmative  with the  understanding                                                               
that the  Department of  Law will  correct her  if she  is wrong.                                                               
Violations with only a fine  amount are considered minor offenses                                                               
and not crimes.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CLAMAN said he thought  there were violations that                                                               
were  administratively   identified,  but  are   incorporated  by                                                               
reference.   For example, he  said, a fishing violation  does not                                                               
list everything in the statute  but refers back to regulation and                                                               
it would become criminal violations.                                                                                            
                                                                                                                                
1:44:47 PM                                                                                                                    
                                                                                                                                
MS. MEADE  responded that she does  not know the answer  to that,                                                               
but she will investigate.                                                                                                       
                                                                                                                                
1:45:19 PM                                                                                                                    
                                                                                                                                
MR.   BROWN    pointed   the   committee   to    [Sec.   52,   AS                                                               
17.38.210(a)(1)], page 31,  line 15, and said  the language added                                                               
to the  statute is "21 years  of age or  older ..."  In  order to                                                               
conform   with   a   Senate  amendment,   he   pointed   to   [AS                                                               
17.38210(a)(B)(i) and  (ii)], page 31,  lines 22-25,  and advised                                                               
he had received a suggestion to delete phrases, which read:                                                                     
                                                                                                                                
           (i) except when authorized by the terms of                                                                           
          registration issued under this chapter, or                                                                            
                                                                                                                                
          (ii) except when authorized by the terms of                                                                           
          registration issued under this chapter;                                                                               
                                                                                                                                
He explained that  the Senate amendment, [CSSB 30]  page 33, line                                                               
7, deleted the  language "except when authorized by  the terms of                                                               
registration issued under this chapter."                                                                                        
                                                                                                                                
1:49:09 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked what deleting that [phrase] accomplishes.                                                                    
                                                                                                                                
MS. MEADE answered  that eliminating the two  "except" clauses in                                                               
(B)(i) and (B)(ii) means it would  be a "mim 2 misdemeanor."  She                                                               
used the  example of an  unregistered adult possessing  more than                                                               
one ounce  of marijuana in public,  it gets rid of  "except."  In                                                               
other  words, she  explained, an  individual cannot  ever possess                                                               
more than  one ounce  in a  public place.   The  current language                                                               
offers  that an  individual can  [possess more]  if the  terms of                                                               
registration allow  them to.   By  eliminating those  clauses the                                                               
exception is gone, she advised.                                                                                                 
                                                                                                                                
1:50:34 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX assessed  that when  the  clause is  taken out  for                                                               
registered establishments,  they can't have more  than six plants                                                               
so there could not be growing operations in the state.                                                                          
                                                                                                                                
1:50:53 PM                                                                                                                    
                                                                                                                                
MS. MEADE advised  the (B)(i) is just in a  public place, whereas                                                               
(B)(ii) has  the drafting  problem Chair  LeDoux pointed  out and                                                               
she cannot  speak to the  intent of  the drafter.   She expressed                                                               
she does not know why someone  would want the "except" clause out                                                               
of the bill, and determined that  Chair LeDoux is correct in what                                                               
the result would be.                                                                                                            
                                                                                                                                
1:51:23 PM                                                                                                                    
                                                                                                                                
CHAIR   LEDOUX  said   to  "totally,   basically,   to  gut   the                                                               
initiative."                                                                                                                    
                                                                                                                                
MS. MEADE said  "to be clear" these are  not registered marijuana                                                               
establishments   so  when   reviewing   AS  17.38.210(a)(1)   the                                                               
discussion is that  an individual "is 21 years of  age, or older,                                                               
an  adult not  registered ...."    Whereas the  discussion in  AS                                                               
17.38.210(a)(1)(B)  is "possesses  (ii) more  than six  marijuana                                                               
plants."  She  opined it does not make sense  to say "except when                                                               
authorized   by  registration"   because  one   is  already   not                                                               
registered.                                                                                                                     
                                                                                                                                
1:51:53 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX surmised  that  if the  committee  did this,  there                                                               
could  not be  any marijuana  establishments with  more than  six                                                               
plants in the state.                                                                                                            
                                                                                                                                
1:52:12 PM                                                                                                                    
                                                                                                                                
MS. MEADE  pointed that out  (1) is  for not registered,  and (2)                                                               
like the  prior "mim  1 misdemeanor,"  the drafter  has separated                                                               
out different subsections  of the statute to  apply to registered                                                               
people, and  unregistered people.   Sub (1)  is a  not registered                                                               
marijuana establishment and an individual  will be cited under it                                                               
if the individual commits one of  these.  Sub (2) is a registered                                                               
establishment.   She  summarized  that if  an  individual is  not                                                               
registered they  cannot have  more than six  plants, and  that is                                                               
the   provision  the   individual  would   be  cited   under,  no                                                               
exceptions.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG requested that  the committee go through                                                               
and flag issues.                                                                                                                
                                                                                                                                
CHAIR LEDOUX stated  "that is what we  are trying to do.   We are                                                               
not  trying to  resolve anything  right now,  we're flagging  it,                                                               
minimally discussing  it, and come back  to it when we  come back                                                               
to it."                                                                                                                         
                                                                                                                                
1:54:26 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  advised  there  was  a  suggestion  from  the  Public                                                               
Defender's Office  regarding [Sec. 52, AS  17.38.210(a)(1)], page                                                               
31,  beginning line  15, inserting  language similar  to "is  not                                                               
knowingly  a   registered  marijuana  establishment   under  this                                                               
chapter  ..."    In  that  manner,  reckless  activity  could  be                                                               
targeted and the innocent protected, he said.                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  he was  not sure  if under  the                                                               
general mental state statute AS 11.81,  the action has to be done                                                               
knowingly  and the  result  has  to be  reckless.   He  mentioned                                                               
asking  Legislative   Legal  and  Research  Services   about  the                                                               
language.                                                                                                                       
                                                                                                                                
1:58:07 PM                                                                                                                    
                                                                                                                                
MR.  BROWN referred  the committee  to [Sec.  52, AS  17.38.210],                                                               
page 32, lines 2-4, added (a)(3), which read:                                                                                   
                                                                                                                                
     (3) 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  sells  any   amount  of                                                                    
     marijuana.                                                                                                                 
                                                                                                                                
MR. BROWN  turned to [Sec.  52, AS  17.38.230], page 33,  line 7,                                                               
and stated the language deleted  read: "except when authorized by                                                               
the terms of registration issued  under this chapter."  He opined                                                               
the  clause was  deleted  due  to the  prior  explanation of  Ms.                                                               
Meade.                                                                                                                          
                                                                                                                                
CHAIR LEDOUX  surmised that  the individual is  21 or  older, and                                                               
uses any amount  of marijuana in a public  [place] and questioned                                                               
whether that  would prohibit marijuana bars,  or marijuana clubs,                                                               
or any sort of place where marijuana  can be bought and used.  Is                                                               
it  the intent  of the  drafter that  those be  considered public                                                               
places, she asked.                                                                                                              
                                                                                                                                
2:00:10 PM                                                                                                                    
                                                                                                                                
MS. MEADE  offered she does  not know  the intent of  the drafter                                                               
but  there is  quite a  bit of  discussion regarding  that issue.                                                               
She believes  the Senate may  still be considering  amendments as                                                               
to  whether a  public  place  would include  a  marijuana bar  or                                                               
marijuana social club.                                                                                                          
                                                                                                                                
CHAIR LEDOUX asked  that if the bill was left  in this manner the                                                               
committee would  be saying there  are no clubs, and  nothing like                                                               
Amsterdam, and so forth.                                                                                                        
                                                                                                                                
2:00:58 PM                                                                                                                    
                                                                                                                                
MS. MEADE,  in response  to Chair LeDoux,  replied that  would be                                                               
the  conclusion ...  an  individual  cannot be  over  21 and  use                                                               
marijuana  in public.    She  explained that  if  those bars  are                                                               
considered  a public  place the  individual would  be subject  to                                                               
$100 fine and that is exactly the issue.                                                                                        
                                                                                                                                
2:01:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   remarked  that  the   general  intent                                                               
statute  would  apply here  in  that  the  person would  have  to                                                               
knowingly use marijuana.                                                                                                        
                                                                                                                                
2:01:37 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised that the  bigger issue for this committee to                                                               
decide  is as  a policy  issue,  whether it  is appropriate  that                                                               
there  be marijuana  clubs,  marijuana establishments,  marijuana                                                               
bars  in   which  people  who  enter   those  establishments  can                                                               
knowingly or unknowingly consume cannabis.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined that  the committee has  to deal                                                               
with both issues.                                                                                                               
                                                                                                                                
2:02:23 PM                                                                                                                    
                                                                                                                                
MR. BROWN  remarked there  have been  suggestions for  changes to                                                               
the  bill  from  many  departments and  requested  those  in  the                                                               
audience or  on line  be allowed to  convey their  suggestions to                                                               
the committee.                                                                                                                  
                                                                                                                                
2:02:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER referred  the  committee to  [Sec. 17,  AS                                                               
11.71.030(a)(3)(A)(i) and (ii), page 13, lines 4-5, which read:                                                                 
                                                                                                                                
          (i) on or within 500 feet of school rounds; or                                                                        
                                                                                                                                
          (ii) at or within 500 feet of a recreation or youth                                                                   
          center;                                                                                                               
                                                                                                                                
REPRESENTATIVE  KELLER asked  the committee  to consider  whether                                                               
"500 feet" from a school should  be amended to read "1,000 feet."                                                               
Representative  Keller  suggested  the same  language  change  in                                                               
[Sec. 18, AS 11.71.040(a)(4)(i) and  (ii)], page 14, lines 17-18,                                                               
which read:                                                                                                                     
                                                                                                                                
          (i) on or within 500 feet of school rounds; or                                                                        
                                                                                                                                
          (ii) at or within 500 feet of a recreation or youth                                                                   
          center;                                                                                                               
                                                                                                                                
2:03:40 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  suggested that those  [provisions] do not  apply to                                                               
marijuana  at  all   right  now  as  they   apply  to  controlled                                                               
substances  and marijuana  has been  removed from  the controlled                                                               
substances  section.   "This would  totally  not be  applicable."                                                               
She offered  that if this  is amended to include  marijuana, then                                                               
if an individual is walking by  a school and has marijuana in the                                                               
backpack, the  individual would be guilty  of a crime.   She said                                                               
she does not believe the state does that with liquor right now.                                                                 
                                                                                                                                
2:05:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER pointed out that  in view of Alaska's small                                                               
communities,  such as  Nome 1,000  feet would  probably be  about                                                               
one-third of the entire town, and  it could be an entire village.                                                               
He  suggested  possible  language  of  "in  places  that  have  a                                                               
population  of  greater than  ..."  and  maybe 1,000  feet  could                                                               
apply.                                                                                                                          
                                                                                                                                
2:05:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  stated  he  wanted to  bring  it  up  for                                                               
thought and [to mark it].                                                                                                       
                                                                                                                                
2:06:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  she   assessed  that  because  marijuana                                                               
cannot  be  smoked in  public,  and  alcohol cannot  consumed  in                                                               
public, and since  the committee has not decided  whether to have                                                               
marijuana establishments,  at this  point, walking past  a school                                                               
with a six-pack  of beer doesn't pose any danger.   She suggested                                                               
that  since marijuana  can be  sold, maybe  the committee  should                                                               
look at  a statute that  says it  is illegal to  sell, distribute                                                               
... those types  of things, rather than possessing in  front of a                                                               
school.                                                                                                                         
                                                                                                                                
2:07:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER   clarified    that   this   section   is                                                               
incidentally open  solely because  the word "marijuana"  is being                                                               
inserted.                                                                                                                       
                                                                                                                                
2:07:16 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised that the  bill removed "marijuana" as it had                                                               
read was "you  couldn't have any controlled  substance within 500                                                               
yards  of the  school," but  now  marijuana is  not a  controlled                                                               
substance as of yesterday.                                                                                                      
                                                                                                                                
2:07:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER referred  the  committee to  [Sec. 27,  AS                                                               
12.30.016(g)(2)], 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 said this  subsection is new and submitting                                                               
to a search without a warrant  is "serious stuff."  He questioned                                                               
whether the  bill goes  too far in  searching without  a warrant,                                                               
and pointed out the issue of forfeiture items.                                                                                  
                                                                                                                                
2:09:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  related  that  this  [provision]  is  for                                                               
someone  on  probation and  not  for  the  average citizen.    He                                                               
explained  that when  an individual  is placed  on probation  the                                                               
court is allowed to order, as  a condition of probation or parole                                                               
that they have to submit to searches.                                                                                           
                                                                                                                                
REPRESENTATIVE  KELLER asked  whether  this is  the standard  for                                                               
anyone on probation whether marijuana is involved or not.                                                                       
                                                                                                                                
REPRESENTATIVE  CLAMAN  described  the  Probation  Code  as  very                                                               
standard, and  stated it revokes many  rights the rest of  us are                                                               
pleased to hold.                                                                                                                
                                                                                                                                
MS. MEADE  responded to Representative  Keller that it is  a bail                                                               
condition  provision rather  than probation  condition provision,                                                               
but the crux  is the same.  The judicial  officer has these sorts                                                               
of options  as bail conditions  in other drug crimes,  or alcohol                                                               
related crimes, or other crimes in general.                                                                                     
                                                                                                                                
2:10:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   reiterated  Ms.   Meade's   previous                                                               
statement  and  added  that  the peace  officer  says  they  have                                                               
reasonable  suspicion  and  anything   found  in  the  search  is                                                               
admissible because it  is pursuant to a lawful search.   He asked                                                               
Ms. Meade  whether he was  correct in  that if anything  is found                                                               
the individual can be charged with new crimes.                                                                                  
                                                                                                                                
MS. MEADE responded "I believe that to be the case."                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined that the impact  goes far beyond                                                               
revoking the bail, as it could lead to other crimes.                                                                            
                                                                                                                                
2:11:52 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked whether an  individual charged with an alcohol                                                               
related crime must  submit to a search without a  warrant to look                                                               
for alcohol.                                                                                                                    
                                                                                                                                
MS. MEADE stated  she believes that is a  standard bail condition                                                               
that the judge  may apply in any particular  alcohol related, and                                                               
in this case marijuana related prosecution.                                                                                     
                                                                                                                                
2:12:20 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked  with respect to any prosecution  of any crime                                                               
with bail, whether the individual  has to basically give up their                                                               
right to not be searched without a warrant.                                                                                     
                                                                                                                                
MS. MEADE answered  that it can be one of  the choices a judicial                                                               
officer has regarding bail conditions.                                                                                          
                                                                                                                                
2:12:44 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX opined  that this  is not  that different  from any                                                               
other crime.   She remarked  that she  understands Representative                                                               
Gruenberg's comment and policy implication,  but it is not making                                                               
any  change just  for  marijuana.   She  noted  that possibly  in                                                               
another bill somewhere this could be considered.                                                                                
                                                                                                                                
MS. MEADE said it is a fair way to characterize that provision.                                                                 
                                                                                                                                
2:13:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN noted that Ms.  Meade is correct, that this                                                               
is  the  bail  statute  and further  noted  there  are  companion                                                               
provisions in  the parole  statute that he  is not  suggesting be                                                               
amended.   He pointed out  that he  is aware there  are companion                                                               
provisions in the parole and  probation statute that are probably                                                               
not Title  12 that give  the court and probation  officer similar                                                               
latitude to order similar searches without a warrant.                                                                           
                                                                                                                                
2:13:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  referred to  [Sec. 48,  AS 17.38.0709(d)],                                                               
page 28, lines 17-22, and stated  this provision has to do with a                                                               
marijuana testing  facility.   He then referred  to [Sec.  48, AS                                                               
17.38.0709(d)(1)], page 28, lines 23-24, which read:                                                                            
                                                                                                                                
     (1) possessing, cultivating, processing, repackaging,                                                                      
      storing, transporting, displaying, transferring, or                                                                       
     delivering marijuana;                                                                                                      
                                                                                                                                
REPRESENTATIVE KELLER questioned why  a testing facility would be                                                               
"cultivating," and why that would be okay.                                                                                      
                                                                                                                                
CHAIR  LEDOUX said  to mark  that [provision]  and asked  if this                                                               
[language] is in the initiative itself.                                                                                         
                                                                                                                                
MS. MEADE responded  in the affirmative and  suggested someone on                                                               
line could be more knowledgeable.                                                                                               
                                                                                                                                
CHAIR LEDOUX  reiterated to  mark the provision  as there  was no                                                               
one on line to assist.                                                                                                          
                                                                                                                                
2:15:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    KELLER    referred     to    [Sec.    48,    AS                                                               
17.38.0709(d)(2)], page 28, lines 25-27, which read:                                                                            
                                                                                                                                
     (2) receiving  marijuana or  marijuana products  from a                                                                    
     registered    marijuana    cultivation   facility,    a                                                                
     registered   marijuana  retail   store,  a   registered                                                            
     marijuana products  manufacturer, or a person  21 years                                                                    
     of age or older; and                                                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER questioned  why the  language reads  "or a                                                               
person 21 years or older."                                                                                                      
                                                                                                                                
2:16:37 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  advised that  Representative  Keller  is reading  the                                                               
language   correctly   as   "registered   marijuana   cultivation                                                               
facility,  a  registered  marijuana retail  store,  a  registered                                                               
marijuana  products  manufacturer"  can   all  go  to  a  testing                                                               
facility  to have  their products  testing, as  can anyone  21 or                                                               
older.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KELLER opined that it  seems strange to make a law                                                               
of what is legal.                                                                                                               
                                                                                                                                
CHAIR   LEDOUX  remarked   that   is  one   of  the   interesting                                                               
characteristics of  the initiative  process in  that the  bill is                                                               
saying what  is legal.   Generally, she noted, criminal  law says                                                               
what is not legal, but the committee  is trying to live up to the                                                               
terms of the initiative and this is what the initiative said.                                                                   
                                                                                                                                
2:18:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  referred to  [Sec. 48,  AS 17.38.0709(b)],                                                               
page 27, lines 9-14, which read:                                                                                                
                                                                                                                                
     (b) The  [NOTWITHSTANDING ANY  OTHER PROVISION  OF LAW,                                                                
     THE]  following acts,  when  performed  by a  marijuana                                                                    
     cultivation    facility   with    a   current,    valid                                                                    
     registration, or a person 21  years of age or older who                                                                    
     is  acting  in  the  person's  capacity  as  an  owner,                                                                    
     employee,   or  agent   of   a  marijuana   cultivation                                                                    
     facility, are  lawful and are  not offenses  [SHALL NOT                                                                
     BE AN OFFENSE]  under Alaska law or bases  [BE A BASIS]                                                                
     for seizure or forfeiture of assets under Alaska law:                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER  pointed  out it  discusses  a  registered                                                               
marijuana cultivation  facility.   He noted  there is  nothing in                                                               
this section discussing  minor children and he  questioned what a                                                               
cultivation facility look like, would  it be a home, should there                                                               
be  a comment  about  minors  and how  they  would  fit into  the                                                               
licensed facility.                                                                                                              
                                                                                                                                
CHAIR LEDOUX  related that  is an interesting  point and  is duly                                                               
noted.                                                                                                                          
                                                                                                                                
2:18:59 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX questioned Cynthia  Franklin, Alaska Alcohol Control                                                               
Board (ABC  Board) Director, about  a statement in  the [2/24/15]                                                               
Alaska  Dispatch wherein  Ms. Franklin  had addressed  a question                                                             
regarding the  issue of  more than one  individual living  in the                                                               
home.  Chair  LeDoux posed a scenario of four  people living in a                                                               
home, and asked  whether each person can have their  own ounce of                                                               
marijuana and their own six  plants.  Ms. Franklin responded "No"                                                               
because she interpreted the law to  mean one home equals only one                                                               
ounce of marijuana,  and Chair LeDoux asked  whether Ms. Franklin                                                               
was misquoted, or if she was misunderstood.                                                                                     
                                                                                                                                
2:20:13 PM                                                                                                                    
                                                                                                                                
CYNTHIA  FRANKLIN,  Director,  Alaska  Alcohol  Beverage  Control                                                               
Board, stated she was misquoted in  the sense of one ounce in the                                                               
home.  The  initiative discusses possession of one  ounce or less                                                               
of marijuana by an adult over 21.   Ravin v. State of Alaska, 537                                                             
P.2d 494 (Alaska  1975), and Noy v. State of  Alaska, 83 P.3d 538                                                             
(2003), discuss a  small amount of marijuana in  their home being                                                               
defined as up to four ounces.   She pointed out that the question                                                               
was original placed on the  Alcoholic Beverage Control Board (ABC                                                               
Board) web site as part of  the six plants question.  She offered                                                               
that if  an individual  is allowed  to grow  six plants  in their                                                               
home, does that  mean that four adults over the  age of 21 living                                                               
in the home  could grow 24 plants.  She  explained the reason the                                                               
ABC Board said "No" is due  to court decisions that interpret and                                                               
define  the  term  possession  as  it  relates  to  possessing  a                                                               
controlled substance.   She opined  that there have  been several                                                               
cases over  the years  where more than  one individual  is caught                                                               
with a controlled  substance.  She further opined there  is a lot                                                               
of case law on this subject  and ideas such as "joint possession"                                                               
and "constructive  possession" have been defined  and interpreted                                                               
by  courts.   Essentially,  she said,  both when  it  comes to  a                                                               
controlled  substance  and  to   other  types  of  property  that                                                               
individuals  might be  found in  possession  of ...  in the  case                                                               
[Nelson v. State of Alaska, 628  P.2d 884 (Alaska 1981] where the                                                             
Supreme  Court  discusses  the  concept  of  burgled  goods,  for                                                               
instance.  She opined that  case stands for the proposition that,                                                               
if  an individual  has burgled  goods in  a home  and you  are an                                                               
adult in the  home, then you have  constructively possessed those                                                               
goods.   She offered the scenario  of living in a  house with her                                                               
husband and  she possesses  six plants,  he also  possesses those                                                               
same six plants  as they both have equal control  over the plants                                                               
which means  over the area in  which the plants are  grown.  When                                                               
speaking of a regular household  where everyone has access to all                                                               
of the rooms,  it is the ABC Board's opinion,  based on case law,                                                               
that everyone  in the house  possesses the plants that  are grown                                                               
in the  house, she  explained.  She  acknowledged that  there are                                                               
various scenarios  wherein an individual  has four  roommates who                                                               
were growing in  their rooms and each of their  rooms were locked                                                               
off  from the  other rooms.   She  opined there  can always  be a                                                               
scenario where  it can be argued.   But, the ABC  Board's general                                                               
message has been that these are  personal use plants and once the                                                               
number gets  up into a 24  plant category, "why do  you need that                                                               
many plants."   This is actually talking about  growing for other                                                               
than personal use, she remarked.                                                                                                
                                                                                                                                
2:23:27 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN  continued  that the  [initiative]  does  allow  an                                                               
individual to possess the harvest  of six plants without any type                                                               
limitations on  how many  ounces that  is.   The short  answer is                                                               
"Yes," the  ABC Board  interprets Alaska case  law, and  the term                                                               
possess as it has been  applied in both controlled substances and                                                               
burgled or stolen goods cases, to  mean that if an individual has                                                               
equal access  or control to the  area where the plants  are being                                                               
grown,  that individual  jointly  possess those  plants with  any                                                               
other adult  who has  equal access  and control.   She  opined it                                                               
would  be clearer,  without requiring  people  to interpret  case                                                               
law, to put  a household limit on plants grown.   In Colorado, at                                                               
the  state level,  there is  a  12 plant  limit and  the City  of                                                               
Boulder established  a six  plant per household  limit.   In that                                                               
manner,  she  suggested, the  committee  is  just left  with  the                                                               
question  of  what constitutes  a  household.   In  general,  she                                                               
remarked, the ABC  Board has the impression that  most people who                                                               
ask this question are trying to  find a way to take personal grow                                                               
and  make it  into a  quasi-commercial grow  where they  can make                                                               
money off of it.  As opposed  to truly being the type of personal                                                               
use, private  marijuana grow of  six plants that  originated with                                                               
the  Supreme Court  decisions in  Ravin  and Noy,  and then  work                                                           
(indisc) in AS 17.38.                                                                                                           
                                                                                                                                
2:25:19 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX remarked  it was  obvious  this would  be a  policy                                                               
decision of the  House Judiciary Standing Committee.   She stated                                                               
she has  always read six plants  to mean an individuals  can have                                                               
six  plants.   In  the  event the  committee  disagrees with  Ms.                                                               
Franklin's  interpretation, it  must  specifically  put into  law                                                               
exactly what is meant by  six plants per individual or household,                                                               
she expressed.                                                                                                                  
                                                                                                                                
2:26:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  commented that  he generally  concurs with                                                               
Chair LeDoux's  observations about  six plants,  especially under                                                               
Ravin and  the right  to privacy.   He  opined that  Alaska court                                                             
would analyze that as an open  question and he believes there are                                                               
many  situations of  people sharing  a house  and they  each have                                                               
plants in their own bedroom.   By the same token they could elect                                                               
to  work together  to grow  their  own individual  plants in  the                                                               
basement, he  further opined.   He noted  that the  argument they                                                               
all  get  accumulated  when  each individual  has  the  right  to                                                               
possession is  a complicated and  thorny issue.  He  hesitated to                                                               
opine on what the Supreme  Court, if given the opportunity, would                                                               
offer on that.                                                                                                                  
                                                                                                                                
2:27:18 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX expressed that the goal  of the committee is to take                                                               
the opportunity  away from  the Supreme Court  and away  from the                                                               
judiciary, as it  is the committee's job to be  clear enough that                                                               
both the  law enforcement community  and the public knows  what a                                                               
crime is.                                                                                                                       
                                                                                                                                
2:27:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  questioned  Ms. Franklin  regarding  what                                                               
constitutes  an  ounce.     He  noted  that   the  definition  of                                                               
marijuana, [Sec.  53, AS 17.38.900(6)],  page 37,  [lines 17-24],                                                               
which reads:                                                                                                                    
                                                                                                                                
          (6) "marijuana" means all parts of the plant                                                                          
          of the genus cannabis whether growing or not, the                                                                     
          seeds thereof, the resin extracted from any part                                                                      
          of the plant, and every compound, manufacturer,                                                                       
          [SALT,] [sic] derivative, mixture, or preparation                                                                     
          of the plant, its seeds, or its resin, including                                                                      
          marijuana concentrate; "marijuana" does not                                                                           
          include fiber produced from the stalks, oil, or                                                                       
          cake made from the seeds of the plant, sterilized                                                                     
          seed of the plant that [WHICH] is incapable of                                                                    
          germination, or the weight of any other                                                                               
         ingredient combined with marijuana to prepare                                                                          
        topical or oral administrations, food, drink, or                                                                        
          other products;                                                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER  asked  what   constitutes  an  ounce  and                                                               
whether there  is a way the  committee can tie the  potency level                                                               
to the ounce so there some sort of connect.                                                                                     
                                                                                                                                
2:28:53 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN responded  that the  ABC Board  has struggled  with                                                               
this question  in that  "how do  you make an  ounce not  an ounce                                                               
when  it comes  to certain  types  of marijuana  products."   She                                                               
opined  there  is not  a  way  to  regulate  the THC  content  of                                                               
marijuana.   She said they  asked their counterparts  in Colorado                                                               
and  Oregon  those  questions  and the  problem  is  that  unlike                                                               
alcohol  where  the manufacturer  controls  the  strength of  the                                                               
product, the THC content of any  given crop of marijuana plant is                                                               
controlled somewhat  by nature.   There  has been  testimony that                                                               
marijuana  plants  being  cultivated today,  generally  speaking,                                                               
have a higher THC content  than previous generations of marijuana                                                               
plants as  some growers and  cultivators are working  to increase                                                               
the  THC content.    When  the solvent  processes  are used,  CO2                                                               
process, or  simply simmering  the marijuana  plant in  butter or                                                               
oil, there is  a higher THC content.  She  explained that the ABC                                                               
Board cannot  determine how  to regulate  by THC  content without                                                               
creating a  regulatory nightmare  for themselves.   She explained                                                               
that  the fact  the voters  have defined  marijuana as  including                                                               
concentrates would foreclose the opportunity  to make an ounce of                                                               
concentrate not an ounce.  "An  ounce is an ounce," she said, and                                                               
opined  that the  way to  deal with  concentrates in  a regulated                                                               
environment  is to  focus on  the serving  sizes.   Although that                                                               
suggestion is  outside the scope  of [CSHB 79],  the concentrates                                                               
are  used to  make edibles,  the concentrates  are combined  with                                                               
other products to  make edibles, or the concentrates  are sold in                                                               
a concentrated form.  But, in  terms of attempting to control the                                                               
peoples'  use of  this product,  and how  much they  have at  any                                                               
given time  by redefining or  using a different  measuring system                                                               
for the  concentrates is  going down  a road  that would  make it                                                               
difficult to get consistent regulations.                                                                                        
                                                                                                                                
2:32:03 PM                                                                                                                    
                                                                                                                                
MS. FRANKLIN  said that the other  states have not done  that and                                                               
believes issues  around concentrates can be  carefully evolved in                                                               
a manner that has a lot of  limits already set in place by virtue                                                               
of regulating  the products that are  sold.  "It's a  long way of                                                               
saying I don't  know of a way  that we can make an  ounce, not an                                                               
ounce  without  violating  the intent  of  the  initiative,"  she                                                               
remarked.   She suggested  the committee keep  in mind  that very                                                               
little concentrate is  used in edible product.   She advised they                                                               
asked a  Colorado retail marijuana establishment  how many edible                                                               
products they would have to buy  to get to the one ounce resident                                                               
limit in  that store, and  was told "95."   There is  a practical                                                               
limit on how  many of these products a person  can physically eat                                                               
at one  time.  In  other words,  she explained, even  though they                                                               
may be  buying an ounce of  concentrate when in the  edible form,                                                               
there are  other fill  ingredients.  She  said she  is optimistic                                                               
about  concentrates, and  the committee  could honor  the voters'                                                               
intent  that  an  ounce  of marijuana  be  allowed,  which  would                                                               
include  an ounce  of concentrate.    By regulating  the form  in                                                               
which  these  products are  marketed,  and  educating the  public                                                               
about  what they  are,  the  state can  avoid  some  of the  less                                                               
desirable consequences that states like Colorado have seen.                                                                     
                                                                                                                                
2:34:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  opined that the committee  cannot back off                                                               
on this because  if the committee decides a tax,  and bases it on                                                               
a  per  ounce system,  in  essence  the committee  is  perversely                                                               
incentivizing  the oils  and the  concentrates if  there is  less                                                               
cost.    He expressed  it  has  to be  tied  somehow  to the  THC                                                               
percentage.                                                                                                                     
                                                                                                                                
2:35:08 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN responded  that the  tax is  imposed at  the grower                                                               
level so the  state would only be taxing the  plant and never the                                                               
concentrate.  She explained the $50  an ounce state tax is at the                                                               
grow  level, and  the marijuana  then travels  to the  processors                                                               
which is  the stage that the  concentrates are made.   She opined                                                               
that  by  that time  the  marijuana  all  would have  been  taxed                                                               
equally.    She  acknowledged  that  is  her  understanding  from                                                               
reading the initiative.                                                                                                         
                                                                                                                                
2:36:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   questioned  Kaci   Schroeder,  Alaska                                                               
Department of  Law, whether her  answers differ legally  from any                                                               
of the answers  the committee has received today.   He asked that                                                               
she review the tape and forward  a memo to the committee with her                                                               
response.   He said  there may be  several lawyers  testifying on                                                               
the bill and he  would like to see what they agree  on and do not                                                               
agree on.                                                                                                                       
                                                                                                                                
2:37:37 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Alaska Department of  Law, said she would be happy  to review the                                                               
hearing today.                                                                                                                  
                                                                                                                                
2:38:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT referred  to  the  earlier discussion  of                                                               
five grams  of hash  oil equivalency to  one ounce  of marijuana,                                                               
and  asked  whether the  Department  of  Law  has a  position  on                                                               
whether  the  amount of  hash  oil  or  marijuana oil  should  be                                                               
limited in  the legislation.   Obviously, she remarked,  an ounce                                                               
of hash oil is not equivalent to an ounce of marijuana.                                                                         
                                                                                                                                
2:39:06 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER responded that the  Department of Law does not have                                                               
an  official   position,  and  she  agrees   with  Representative                                                               
Millett's statement  that they are  more concentrated.   However,                                                               
she pointed  out that the initiative  reads one ounce, and  it is                                                               
within the committee's purview to limit that should it choose.                                                                  
                                                                                                                                
2:39:24 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  surmised that hash  oil is a concentrate  and heard                                                               
"Ms. Franklin  say a couple  of minutes ago  that an ounce  is an                                                               
ounce, is an  ounce."  Subsequently, she heard  Ms. Schroeder say                                                               
that hash oil is a concentrate  but [CSHB 79 Version S] discusses                                                               
five grams.   She then  referred to a  new section, Sec.  50, [AS                                                               
17.38.090(c)] page 29, lines 7-8, which read:                                                                                   
                                                                                                                                
     (c) the board shall adopt a regulation that prohibits                                                                      
      a retail marijuana store from selling more than five                                                                      
     grams of marijuana concentrate a day to a customer.                                                                        
                                                                                                                                
2:40:19 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER responded  that it  says "marijuana  concentrate,"                                                               
which is a sub part of  marijuana, if you look at the definition.                                                               
She  said  the  definition  of marijuana  arguably  does  include                                                               
concentrate  and described  marijuana as  the [umbrella]  and the                                                               
concentrate as the sub part.                                                                                                    
                                                                                                                                
2:40:38 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX said she is  trying to determine whether saying five                                                               
grams  of  marijuana concentrate,  as  opposed  to one  ounce  of                                                               
marijuana  be it  concentrated or  not concentrated,  contravenes                                                               
the initiative.                                                                                                                 
                                                                                                                                
2:41:04 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER responded  "potentially."   She  reiterated it  is                                                               
within the legislature's purview  to amend the initiative, should                                                               
they choose to do so.                                                                                                           
                                                                                                                                
2:41:20 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  questioned "so we choose  not to abide by  the will                                                               
of the people."                                                                                                                 
                                                                                                                                
2:41:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  opined that is a  loaded question because                                                               
she is  not sure that when  people voted on the  initiative, they                                                               
understood  the  difference  between  marijuana  concentrate  and                                                               
marijuana leaves.   The issue  of going  against the will  of the                                                               
people, she expressed,  is for each legislator  to understand and                                                               
decide policy  based on "our"  interpretation of  the initiative,                                                               
what it meant, and what is known now.                                                                                           
                                                                                                                                
2:42:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that  a court  would attempt  to                                                               
find an answer  to the question by looking at  the history of the                                                               
initiative.                                                                                                                     
                                                                                                                                
2:42:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT replied "only if it was challenged."                                                                     
                                                                                                                                
2:43:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  maintained that  Representative Millett                                                               
was asking a legal question, therefore  the legal answer is how a                                                               
court would  likely look at  it.  He  asked Ms. Schroeder  if she                                                               
knew  whether the  answer was  in  the legislative  history.   He                                                               
questioned  whether the  sponsors of  the initiative  or official                                                               
documents refer  to the  phrase "five grams"  and whether  it was                                                               
defined as concentrate, or defined as a leaf, or undefined.                                                                     
                                                                                                                                
2:44:21 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER said  she  does not  believe there  was  a lot  of                                                               
discussion  regarding concentrates  but  Major Dennis  Casanovas,                                                               
Department of Public  Safety (DPS) attended many  of the hearings                                                               
and may  have a  better recollection  of the  legislative history                                                               
and what actually occurred at the hearings.                                                                                     
                                                                                                                                
2:44:50 PM                                                                                                                    
                                                                                                                                
DENNIS  CASANOVAS, Major,  Deputy  Director,  Division of  Alaska                                                               
State Troopers, Department  of Public Safety, said  he did listen                                                               
to all of the public hearings  and stood by for questions.  There                                                               
was testimony  and comments about  concentrates probably  at each                                                               
of  the public  hearings  and the  sponsors  of the  [initiative]                                                               
primarily described  the ballot  measure and that  the definition                                                               
of  marijuana in  essence included  concentrates,  much like  the                                                               
definition in [CSHB 79].                                                                                                        
                                                                                                                                
2:45:51 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  submitted  that  page  29,  lines  7-8,  discusses                                                               
limiting sale to five grams  of marijuana concentrate per day per                                                               
customer.                                                                                                                       
                                                                                                                                
2:46:21 PM                                                                                                                    
                                                                                                                                
MAJOR CASANOVAS responded that Chair  LeDoux is correct.  He said                                                               
he was referring to Sec. 53,  AS 17.38.900(6), page 37, lines 17-                                                               
24,  where the  definition of  marijuana in  this legislation  is                                                               
very similar  to what  was on  the ballot  measure.   He observed                                                               
there is  a subtle difference  as the  bill elects to  remove the                                                               
word "salt"  from what is  considered marijuana.  He  pointed out                                                               
that the word  "oil" appears on line 21 as  something that is not                                                               
defined as marijuana.   The ballot initiative as well  as CSHB 79                                                               
still  has  vagueness  the  committee   may  want  to  take  into                                                               
consideration to refine  the definitions.  He stated  he does not                                                               
believe  the ballot  initiative  or any  of  the testimony  spoke                                                               
specifically  to the  five grams  referred to.   He  informed the                                                               
committee  there  are  approximately  28.35 grams  in  an  ounce.                                                               
Therefore, if  a person  were to be  restricted to  only purchase                                                               
five grams  per store, a person  would have to go  to five stores                                                               
to receive approximately one ounce.                                                                                             
                                                                                                                                
2:48:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MILLETT   questioned   what   28.35   grams   of                                                               
concentrate equals how many ounces of leaf marijuana.                                                                           
                                                                                                                                
2:49:02 PM                                                                                                                    
                                                                                                                                
MAJOR CASANOVAS  responded that a  concern of law  enforcement is                                                               
the  definition of  an  ounce  as it  does  not  appear that  the                                                               
initiative or CSHB 79 defines whether  or not it is the weight of                                                               
an  ounce,  or  a  fluid  ounce.    He  explained,  that  if  the                                                               
interpretation is only  the weight of an ounce,  the viscosity of                                                               
honey  oil, or  hash oil,  those  sort of  concentrates, in  bulk                                                               
might only  be about the size  of half of a  tangerine, depending                                                               
on the viscosity of the concentrate itself.                                                                                     
                                                                                                                                
2:50:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  requested that  someone bring in  samples of                                                               
an  ounce of  liquid  or bulk,  but not  the  actual product,  to                                                               
demonstrate  what  it looks  like.    He questioned  whether  law                                                               
enforcement takes a  scale with them, or a volume  amount of some                                                               
kind to measure.                                                                                                                
                                                                                                                                
2:51:19 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX replied  that she thought liquids were  weighed by a                                                               
fluid ounce versus non-liquid by  dry ounces.  When talking about                                                               
hash oil would it be by fluid ounces.                                                                                           
                                                                                                                                
2:51:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT asked Ms.  Schroeder how the Department of                                                               
Law (DOL) is measuring an ounce  of marijuana, by the fluid ounce                                                               
or the weight.                                                                                                                  
                                                                                                                                
2:51:59 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER responded  that DOL would defer  to law enforcement                                                               
on  that issue.   Ms.  Schroeder  clarified that  earlier in  her                                                               
testimony  when she  said "the  initiative says  one ounce,"  she                                                               
meant in reference to possession not in reference to scale.                                                                     
                                                                                                                                
2:52:22 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  opined that the  committee had better  clarify that                                                               
in the  bill.  She  then said Major  Casanovas, on page  37, line                                                               
21,  mentioned that  oil was  not included  in the  definition of                                                               
marijuana.    She  advised  that   she  reads  the  provision  as                                                               
"marijuana does include  fiber produced from the  stalks, oil, or                                                               
cake made  from the seeds  of the  plant, sterilized seed  of the                                                               
plant  which   is  incapable  of  germination..."     She  opined                                                               
marijuana does  include oil, but not  oil from the seed  which is                                                               
not capable of germination.                                                                                                     
                                                                                                                                
2:53:32 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER opined that was  probably the intent, however, from                                                               
a grammatical standpoint oil is  isolated by commas and therefore                                                               
is read as  an isolated substance.  She suggested  a way to clear                                                               
it up is to  delete the comma after oil ", oil  or cake made from                                                               
the seeds ..." so  it would be the one item.   She noted that DOL                                                               
agrees  with  Major  Casanovas  in that  there  must  be  further                                                               
clarity in the definition.                                                                                                      
                                                                                                                                
2:54:12 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  said to mark it  and the committee would  deal with                                                               
the grammar [later].                                                                                                            
                                                                                                                                
2:54:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG agreed with  Representative Lynn in that                                                               
he would  like a demonstration.   He pointed out how  important a                                                               
comma can  be in legislation  as it can  change the meaning  of a                                                               
phrase.                                                                                                                         
                                                                                                                                
2:55:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN said  he  is not  certain  how the  weight                                                               
question is applied  in Alaska law, but federal law  does not get                                                               
involved in fluid ounces and is concerned about grams.                                                                          
                                                                                                                                
2:56:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  questioned  if  the  federal  government                                                               
would recognize  Alaska's legislation on marijuana  when it comes                                                               
to ounces.                                                                                                                      
                                                                                                                                
2:56:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  said "it is  always comforting to  know he                                                               
does not speak on behalf of the federal government."                                                                            
                                                                                                                                
2:56:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT added  that the  federal government  does                                                               
not recognize marijuana as legal.                                                                                               
                                                                                                                                
2:56:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG opined it may  be helpful in some of the                                                               
issues to review federal law.                                                                                                   
                                                                                                                                
2:56:44 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  directed  that  someone  from  the  Department  of                                                               
Community and Regional  Affairs be available at  the next meeting                                                               
in  order that  the committee  can review  local options.   Chair                                                               
LeDoux expressed she is not sure  that local options should be in                                                               
the  marijuana  crime  bill.   She  expressed  concern  that  the                                                               
committee may  not be  perceiving ramifications  regarding Tribal                                                               
government versus local governments.                                                                                            
                                                                                                                                
2:58:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said with  respect to the Alaskan Native                                                               
villages  and Alaska  law he  would like  a witness  available to                                                               
discuss the interplay.                                                                                                          
                                                                                                                                
2:58:35 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  agreed  with Representative  Gruenberg's  request,                                                               
although,  she stated,  she was  not certain  the committee  will                                                               
necessarily want to  have that provision one way or  the other in                                                               
this bill.                                                                                                                      
                                                                                                                                
[HB 79 was held over.]                                                                                                          
                                                                                                                                
2:58:54 PM                                                                                                                    
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.                                                                 

Document Name Date/Time Subjects
HB79 Summary of Changes ver P to ver G.pdf HJUD 2/25/2015 1:00:00 PM
HB 79
HB79 Draft Proposed CS ver S.pdf HJUD 2/25/2015 1:00:00 PM
HB 79
HB79 Sectional Analysis Version S.pdf HJUD 2/25/2015 1:00:00 PM
HB 79