04/08/2005 08:00 AM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB96 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 96 | TELECONFERENCED | |
| += | HB 12 | TELECONFERENCED | |
| += | HB 33 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 8, 2005
8:18 a.m.
MEMBERS PRESENT
Representative Lesil McGuire, Chair
Representative Tom Anderson
Representative John Coghill
Representative Pete Kott
Representative Les Gara
Representative Max Gruenberg
MEMBERS ABSENT
Representative Nancy Dahlstrom
COMMITTEE CALENDAR
HOUSE BILL NO. 96
"An Act making findings relating to marijuana use and
possession; relating to marijuana and misconduct involving a
controlled substance; and providing for an effective date."
- HEARD AND HELD
HOUSE BILL NO. 12
"An Act relating to televisions and monitors in motor vehicles."
- BILL HEARING POSTPONED TO 4/11/05
HOUSE BILL NO. 33
"An Act relating to the effect of regulations on small
businesses; and providing for an effective date."
- MOVED CSHB 33(JUD) OUT OF COMMITTEE ON 4/7/05
PREVIOUS COMMITTEE ACTION
BILL: HB 96
SHORT TITLE: CRIMES INVOLVING MARIJUANA/OTHER DRUGS
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (H) READ THE FIRST TIME - REFERRALS
01/21/05 (H) JUD, FIN
04/08/05 (H) JUD AT 8:00 AM CAPITOL 120
WITNESS REGISTER
DAVID W. MURRAY, M.A., Ph.D., Special Assistant
to the Director
White House Office of National Drug Control Policy (ONDCP)
Washington, D.C.
POSITION STATEMENT: Provided comments and responded to
questions during discussion of HB 96.
DEAN J. GUANELI, Chief Assistant Attorney General
Legal Services Section-Juneau
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Presented HB 96 on behalf of the
administration and responded to questions.
CRISTY WILLER, Deputy Director
Central Office
Division Of Behavioral Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: During discussion of HB 96, provided
comments and responded to questions.
MAHMOUD A. ElSOHLY, Ph.D., Director
Marijuana Program
University of Mississippi
Oxford, Mississippi
POSITION STATEMENT: During discussion of HB 96, provided
comments and responded to questions.
ED HARRINGTON, Captain, Commander
Alaska Bureau of Alcohol & Drug Enforcement
N Detachment
Division of State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: During discussion of HB 96, provided
comments and responded to questions.
AARON MATTLEY
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 96 and SB 74.
ACTION NARRATIVE
CHAIR LESIL McGUIRE called the House Judiciary Standing
Committee meeting to order at 8:18:50 AM. Representatives
McGuire and Gara were present at the call to order.
Representatives Anderson, Coghill, Kott, and Gruenberg arrived
as the meeting was in progress.
HB 96 - CRIMES INVOLVING MARIJUANA/OTHER DRUGS
[Contains mention of opposition to SB 74, companion bill to HB
96, and a comment regarding SB 56.]
CHAIR McGUIRE announced that the only order of business would be
HOUSE BILL NO. 96, "An Act making findings relating to marijuana
use and possession; relating to marijuana and misconduct
involving a controlled substance; and providing for an effective
date."
DAVID W. MURRAY, M.A., Ph.D., Special Assistant to the Director,
White House Office of National Drug Control Policy (ONDCP),
said:
I have previously weighed in with testimony in the
past couple of weeks, and was going to be available
for questions today. ... I just wanted one opportunity
to respond to one set of questions that I think might
still be in the air regarding marijuana potency and
the potential impact on health, with the recent
research literature we've seen over the last, let's
say, five years, increasing our sense of the risk to
adults as well [as], particularly, to youth from
exposure to high potency cannabis consumption and the
predispositions towards mental health impact, on top
of the regular concerns we've had for some time about
the smoking of this substance and the carcinogens,
tars, and unhealthy substances exposed there and the
behavioral correlates we've already seen with high
cannabis consumption linked to a number of pathologies
from school delinquency to criminality to
"amotivational syndrome" and poor performance.
In addition to that, [there is] ... recent literature
on risks for depression, mental illness,
schizophrenia, and the rest, that are showing up -
particularly where there's high exposure to marijuana
and a predisposing susceptibility to mental health
episodes - to [a] striking conjunction of events with
additional research showing that marijuana consumption
can be an independent risk factor even in those who do
not have predisposing or predisposition
vulnerabilities for mental health episodes. It is
linked in literature, now, to triggering even the
onset of these episodes. So there's a lot of warning
signs out there.
DR. MURRAY went on to say:
It has been argued, I think on the part of some who've
not attended to the most recent data, that there has
not been a steep change in the potency of the active
ingredient in cannabis, [tetrahydrocannabinol (THC)],
the intoxicating ingredient, but I think that our
research records from the National Institute of Drug
Abuse, based upon analyses of samples since 1979, show
that there's been a fairly steep rise, fairly
steadily, up through the 1980s, when potency probably
averaged around [3.5] to 4 percent after rising from
what was a considerably lower potency during the
period of time that we sort of associate with the
counter culture and the '60s and "Woodstock."
So by the mid-'80s, you have a fairly steep rise
already in the [3.5] to 4 percent rate, and then I
think the important news is to acknowledge, in the
last 10 years alone - that's basically since the mid-
'90s until now - we have seen another doubling of that
potency rate, so that by 2004, we see data saying that
the average potency of THC - that is available as
analyzed by seized samples of marijuana on U.S.
streets - is now exceeding 8 percent potency, ... with
some ranges up to 25 to 30 percent [that] have been
found in the street scene - it's unusual, but it is
there - as well as an increase in the proportion of
market share ... [of] high potency THC.
The percentage of [marijuana with a] ... potency above
8 or 9 percent is becoming an increasing share of the
available market - that is, what is a young person
likely to run into if they're purchasing on the
street. Increasingly it is no longer marijuana in the
3-5 percent range; proportionately, it is increasingly
likely to be marijuana above the overall mean average
of 8 percent - it is likely to be very high [potency]
indeed. It has been argued by some, further, that
this should not be regarded as necessarily translating
into greater health risk, because it is possible for -
and they use the technical term, titration - ... a
user to correspondingly cut back on the volume
consumed in proportion to the increased exposure to
the highly potent intoxicating element of THC, which
is, after all, an addictive [substance] that does
produce withdrawal syndromes as well as the problem of
dependency.
8:23:35 AM
DR. MURRAY continued:
My impression is that that is not a good case, that
titration is in fact able to explain what we are
seeing. It is not a definitive argument - no one
knows for sure. In certain populations of experienced
users, perhaps it is possible that they are in fact
curtailing the shear volume of smoke ingested as a
function of how much potency there is, but that is not
... consistent with the general literature we see
here. We have seen an increase, over the last decade
... of the rate of admissions for treatment dependency
... based upon cannabis, ... from 45 per 100,000 [to]
over 118 per 100,000. ... That suggests that there's
some dynamic in here that is leading to greater risk
of dependency over the last 10 years. And, as we
said, within the last 10 years, we've seen a doubling
of potency.
CHAIR McGUIRE asked for details regarding why the increased
percentage of tetrahydrocannabinol (THC) in cannabis should be
of concern.
DR. MURRAY said that recent literature increasingly illustrates
the consequences and pervasiveness in the brain and the immune
system, in the human system, of cannabinoid receptors. He went
on to explain that THC is just one of a multitude of cannabinoid
substances found in typical marijuana smoke, which also contains
a number of contaminants such as carcinogens, tars, and other
substances. Cannabidiol is one of the substances found in the
intoxicating element in marijuana, THC, which was discovered,
some years ago, to bind to receptors in the brain, and this
binding explains why people experience a "high" when ingesting
the smoke of marijuana. However, this raises the question of
why would humans have receptors in the brain for a substance
found in the smoke of what is essentially a wild weed.
DR. MURRAY indicated that the supposition is that there must be
some endogenous substance inside the body that is already meant
for those receptors; thus, when an exogenous source of this
substance, such as marijuana smoke, is introduced into the body,
it will attach to and block the corresponding receptors. This
possibility has engendered research aimed at discovering what
those naturally occurring endogenous substances are, and this
research has led to the recognition of two different types of
receptors found in the brain and in the immune system - "CB1"
and "CB2" - that are naturally responsive to the body's own
production of a chemical [included in a group] that are now
called anandamides, which are substances that should properly be
binding to certain receptors, and is chemically, molecularly
similar enough to cannabinoid molecules that the aforementioned
receptors accept the exogenous substance.
DR. MURRAY said that developmentally, humans have a fairly
delicate regulatory system that affects the human brain and
immune system and involves pain, mood, and a variety of other
brain and neural system functions. So because cannabinoids -
marijuana smoke - can affect this regulatory system, caution is
in order because the smoking of marijuana may very well be
interfering with the natural regulation of a fairly sensitive
system, that it may trigger or predispose marijuana users to
certain levels of attachment, since natural anandamides do not
bind for long - they bind fairly quickly and then move on.
Cannabinols, on the other hand, bind to the aforementioned
receptors for a considerable period of time, not only producing
the "high" but engendering other effects as well. Again, he
remarked, this suggests that caution is in order because of the
potential long-range impact, in terms of neurophysiology and
developmental cycles, that early exposure to cannabinols can
have on the brain's own regulatory system.
8:28:20 AM
DR. MURRAY, in response to a question, offered his understanding
that apparently anandamides are involved in a variety of
functions. Within the brain and the immune system, there are
certain receptors that are "tuned" to cannabidiol, and other
receptors that are tuned to THC. He indicated that these
receptors influence pain and mood; thus anandamides - as well as
their exogenous counterparts - can produce, among other things,
euphoric, good-mood feelings, and are involved in appetite
regulation and inflammatory responses. The scientific
community, he relayed, is somewhat excited about and is pursuing
the prospect that there might be "proper scientific and medical"
regulatory investigations that could produce valuable
medications without resorting to "raw, smoked, crude weed that
[is] contaminated with carcinogens in unknown quantities and ...
dosages."
CHAIR McGUIRE asked what is known scientifically about [adults]
who used marijuana as children; for example, have such people
experienced changes in speech patterns or memory capacity.
DR. MURRAY said emerging research shows that changes in the
brain have occurred as a result of addiction and dependency, and
that cannabis consumption produces these changes as well.
Noting that Alaska's rate of "past year marijuana consumption"
is the highest in the nation, he relayed that in observing the
behavior of high-level, frequent marijuana users, it has been
determined that memory and cognitive performances are affected,
and that "amotivational syndrome" - [which is characterized by a
decrease in] the willingness, the eagerness, and the alacrity
with which one engages in tasks and performances - is also
present. He went on to say:
As the years are going by, we're discovering more and
more ... what has happened in the brain, what has
happened in the personality, what has happened in the
emotional system that is underpinning these behavioral
changes that we're seeing. ... Here is a suggestion
that I think is quite disturbing: ... we know that
there are populations in the United States that are
highly vulnerable to cannabis use, where there are
young women - ages 16, 17, 18, 19 - who become
pregnant [and] who do not desist in their cannabis
use. Now, we've all had [the] tragic experience of
learning about fetal alcohol syndrome [FAS] - [caused
by] in utero exposure to the mother's drinking - that
produces lifetime retardation and problems. We've
already learned to warn women not to expose themselves
to lead paint or tobacco when pregnant, because this
has an in utero impact. We are beginning to see,
likewise, in populations of young women who persist in
cannabis smoking ..., [that] this is having
developmental consequences on the emerging child, that
[such children] ... are going to [be] born with
vulnerabilities, predispositions, risks, and
developmental problems. Increasingly we're starting
to see those triggers in there, and it's a warning
sign that we've been running an experiment on the next
generation ... by the early- and youth-exposure to
increasingly high potency marijuana, that ... [it] is
having consequences that we are carefully uncovering,
year by year, that are deeper and more pervasive than
we realized.
8:34:26 AM
REPRESENTATIVE GARA asked which of all the conditions Dr. Murray
has discussed have peer-reviewed evidence substantiating the
link between the condition and marijuana use. He also asked
whether there have been any comparison studies between women who
drink alcohol while pregnant and women who smoke marijuana while
pregnant.
DR. MURRAY, referring to the second question, indicated that
there is not yet a scientific basis for saying that one type of
behavior is worse for the fetus than the other type of behavior,
but posited that ongoing research will instead eventually
illustrate that both have consequences. With regard to the
first question, he assured the committee that each of the
conditions he alluded to - behavioral issues, cognitive and
memory issues, and mental health issues - and can be backed up
with peer-reviewed formal publications and citations. What is
still emerging from the ongoing research is the degree and
pervasiveness of the problems and risks, but those problems and
risks are already well known and well documented. Emerging
research, he added, is showing that cannabis consumption is
unusually risky for young people in terms of dependency,
addiction, withdrawal, and the likelihood of dependency on other
substances later in life, and is showing that the increased
potency is accelerating the aforementioned risks, particularly
for those with a disposition towards mental illnesses - cannabis
is a trigger for one out of every nine persons. He indicated
that ongoing research is providing troubling new warning signs
regarding cannabis consumption.
8:38:00 AM
DR. MURRAY, in response to a question, said that when analyses
of potency are performed, market shares of low, medium, and high
potency marijuana are averaged to get to a mean, and that number
has been increasing steeply, doubling in the last 10 years, up
to 8 percent. However, the volume of higher potency marijuana
that can be found on the streets has also been increasing, and
this will, over time, result in a higher mean.
CHAIR McGUIRE asked Dr. Murray for backup material regarding the
increase in marijuana potency.
DR. MURRAY, in conclusion, offered that in the last 10 years,
there has been a nearly 200 percent increase in the number of
emergency room admissions/mentions attributable to marijuana,
and suggested that this correlates with the rise in potency.
REPRESENTATIVE GARA asked that any statistics offered, such as
the aforementioned statistic regarding emergency room
admissions, be presented as comparisons between marijuana use
and alcohol use.
8:42:00 AM
DEAN J. GUANELI, Chief Assistant Attorney General, Legal
Services Section-Juneau, Criminal Division, Department of Law
(DOL), said marijuana is an important topic because of evidence
that has come to light in the last several years regarding the
increase in marijuana potency. He mentioned that others would
be speaking on issues such as marijuana potency, how the Alaska
State Troopers are dealing with marijuana, surveys regarding
marijuana use, and how marijuana addiction ties in with alcohol
addiction. He noted that the legislature hasn't discussed the
issue of marijuana - with the exception of the debate on medical
marijuana - in over 20 years, when the Ravin v. State decision
came out, and assured the committee that HB 96 doesn't do
anything to the medical marijuana laws currently in effect.
MR. GUANELI offered his view that although the Ravin decision is
much maligned in some circles, it had two important aspects, one
being the way in which the law was analyzed by the court - it
involved a balancing between a constitutional law and a state
interest - and which has since become imbedded in Alaska law,
and the other being the application of the aforementioned
balancing to the facts that were before the court, facts which
were a product of that era, the [early] 1970s, both because of a
1972 case and the scientific research available in 1973.
Referring to the last point, he offered his belief that any
future supreme court case regarding marijuana will be heard in
the context of the new facts arising out of the most recent
research.
MR. GUANELI relayed that the court in Ravin said, "Few would
believe they have been deprived of something of critical
importance if deprived of marijuana" - adding that he agrees
with that point - and also said, "The experts who testified
below, including petitioner's witnesses, were unanimously
opposed to the use of any psychoactive drugs. We agree
completely." He noted that at recent Senate committee hearings
on the companion bill to HB 96, "experts" testified that
[marijuana] is not a completely harmless substance.
8:48:19 AM
MR. GUANELI, in response to a question, clarified that in Ravin,
the court found that the state had not shown that marijuana - as
existed in Alaska in that era - was sufficiently harmful to
warrant the prohibition of its usage by adults in their own
homes. What is critical, he proffered, is that the court in
Ravin said, "Most marijuana available in the United States has a
THC content of less than one percent." This is particularly
important, he added, when taking into consideration Dr. Murray's
testimony regarding the current increase in potency, and the
fact that the potency of the marijuana available in Alaska is
much higher, on average, than the potency of that which is
available in the rest of the United States. He noted that the
court, in Ravin, also said:
We recognize that more potent forms of cannabis than
marijuana are commonly used in other countries and are
available on a limited scale here. However, studies
of use patterns here do not indicate any great
likelihood of a significant shift in use here to the
more potent substances. If such a shift were to
occur, then marijuana use could be characterized as a
serious health problem.
MR. GUANELI opined that this latter statement is important for a
couple of reasons, one being that even in 1975, the court
acknowledged that use of the more potent forms of marijuana, as
well as long-term use, had significant effects on health. But
because the court, at that time, also found that such types of
marijuana were not available in Alaska, it determined that the
use of marijuana by adults in their own homes did not pose a
serious health problem.
8:50:45 AM
REPRESENTATIVE GARA said he is interested in receiving
information which illustrates that marijuana use is more harmful
than alcohol use, which has not been banned by the court.
MR. GUANELI pointed out, however, that the court has determined
and upheld that the state and municipalities certainly do have
the right to ban alcohol. He remarked that although alcohol use
in Alaska constitutes a terrible problem, the court is not going
to use the same legal standard it applies to alcohol use to
measure any other substance before allowing the legislature to
regulate it. Notwithstanding this, he offered his belief that
alcohol use and marijuana use are linked, that [the state is]
not going to be able to get a handle on the alcohol problem in
Alaska unless it also gets a handle on the marijuana problem,
since marijuana is often the secondary drug of abuse for
Alaska's alcoholics, particularly those who are Alaska Native.
Thus, having the courts say it is okay to have another type of
drug in one's house that one can abuse will only make it move
difficult treat alcoholism.
CHAIR McGUIRE offered her understanding that those seeking
treatment for an addiction are precluded from naltrexone-based
treatment programs if they are using marijuana or opiates.
8:54:51 AM
REPRESENTATIVE GARA suggested that for him the question becomes,
if they are not making someone a felon for using alcohol, then
why should they make someone a felon for using marijuana.
MR. GUANELI pointed out, however, that HB 96 does not address
the issue of marijuana use; rather, it addresses the issues of
marijuana possession and marijuana delivery.
CHAIR McGUIRE surmised, then, that by having the bill focus on
possession and delivery issues, the state is trying to get
around the [problem arising from the 2003 Alaska Court of
Appeals case, Noy v. State of Alaska]. She offered her
recollection of a case in which the judge ruled that the
admission of evidence showing that there was marijuana in a
vehicle involved in an accident would be prejudicial to the
driver.
MR. GUANELI, in further response to Representative Gara, said
the bill would make marijuana possession a crime, regardless of
where it is possessed, but would not make marijuana use a crime.
He added, "Whether you possess it in your home or anywhere else,
the voters in Alaska, in 1990, made possession of marijuana
anywhere in the state an offense; it is the courts that have put
limits on effecting the voters' will." He relayed that in the
Ravin decision, the court also said: "The National Commission
rejected the notion that marijuana is physically addicting. It
also rejected the notion that marijuana as used in the United
States today presents a significant risk of causing
psychological dependency in the user."
MR. GUANELI said that notwithstanding these statements by the
court in 1975, the very fact that there is now a group in the
United States called Marijuana Anonymous indicates to him that
the facts the court had before it in 1975 are significantly
different than the facts that are available today.
8:58:13 AM
REPRESENTATIVE GARA said he doesn't accept Mr. Guaneli's
explanation. He said that although he agrees that dealing and
manufacturing drugs and possessing them with the intent to
deliver is terrible behavior that should be criminalized, his
question is whether the bill criminalizes someone who uses
marijuana in his/her own home. What is the difference between
possession of marijuana for use in one's own home - if
possession of marijuana anywhere is being criminalized - and use
of marijuana in one's own home? How is it that the bill
purportedly won't criminalize use?
MR. GUANELI said that the term "use" to him means that the
marijuana has already been consumed, whereas the term "possess"
means that the marijuana is accessible to children, for example.
Children in Alaska are using marijuana at a much higher rate
than they used to, and many of them say that they can get it at
home; thus possessing marijuana in the home, particularly when
it is of the potency described by Dr. Murray, is a problem that
needs to be addressed, Mr. Guaneli opined.
9:00:48 AM
CHAIR McGUIRE - noting that [Section 2] of the bill is the
findings section, that [Section 3] addresses the crime of
misconduct involving a controlled substance in the third degree
by changing "19 years of age" to "21 years of age", that
[Section 4] addresses the crime of misconduct involving a
controlled substance in the fourth degree by lowering the
amount, from "one pound", to "four ounces" - asked what part of
the bill addresses issues raised by Noy.
MR. GUANELI referred to page 7, lines 19-21. He reiterated that
it is already against the law in Alaska to have any amount of
marijuana, regardless of location, and offered his belief that
the debate between he and Representative Gara centers on the
findings outlined in the bill. If the legislature, via the
bill, makes all of those findings, and if the court then upholds
all of them, then the court will say that the laws which have
been enacted by the legislature are constitutional, can
therefore be enforced, and that there is a legitimate state
interest in doing so. He posited that the question is really
whether the current laws regarding marijuana can be enforced,
and suggested that the various court opinions that have come
forth over the years have caused confusion.
REPRESENTATIVE GARA said he agrees that people who make drugs
available to children should be penalized; however, the language
on page 7, lines 19-21, appears to criminalize a person who has
marijuana in his/her home for his/her own personal use even if
there aren't any children living there.
MR. GUANELI relayed that in the Noy case, a search of the
defendant's house during a barbeque party revealed that he had
marijuana all over his house; in other words, the friends he'd
invited over, as well as their children, did have access to that
marijuana. So one can debate whether a person ought to be
allowed to have marijuana in his/her home, but the bottom line
is that kids are going to get it, and so if the legislature says
that it's okay to have marijuana in the home, then kids are
going think that it's okay for them to have it. The voters have
already said that it is not okay to have marijuana in one's own
home because doing so causes problems; thus he does not think
it's right to argue that having marijuana in one's home won't
cause problems, he added.
9:07:09 AM
CRISTY WILLER, Deputy Director, Central Office, Division Of
Behavioral Health, Department of Health and Social Services
(DHSS), after noting that she used to run the drug and alcohol
treatment program for the Bristol Bay Area Health Corporation
(BBAHC), said she has firsthand knowledge of the effects
marijuana has on rural areas of the state. Referring to earlier
testimony regarding the increase in THC levels, she said that
what this increase means for those who are treatment providers
is that marijuana has become a much more dangerous drug that
people are using and abusing, and is no longer the benign drug
of peace and love that was used in the '60s. Instead, the
increase in potency is pushing casual users, recreational users,
into patterns of abuse and dependency.
MS. WILLER said that although the Journal of the American
Medical Association (JAMA) reports that marijuana use,
nationally, over the past ten years, has remained about the
same, it also reports that the rates of abuse and dependence
among marijuana users has increased dramatically. She noted
that there are now 29 states and five other countries that have
chapters of Marijuana Anonymous. She surmised that a likely
reason that marijuana users are becoming problem users is
because the drug is now stronger, particularly in Alaska.
9:10:36 AM
CHAIR McGUIRE asked how "abuse" is defined.
MS. WILLER said that according to the DSM-IV - the Diagnostic
and Statistical Manual of Mental Disorders, Fourth Edition - a
diagnosis of cannabis dependency requires three or more of the
following characteristics/behaviors: tolerance to the drug -
one must consume more to get the same effects; withdrawal
symptoms [when quitting]; significant time spent acquiring and
using; interference with family, work, or recreation; and a
person's persistence of use despite the presence of obvious
physiological, physical, or psychological effects. In contrast,
a diagnosis of abuse would require the presence of one or more
of the following problems: interference with work or school
performance; use while doing something potentially physically
hazardous - such as driving; legal problems; and arguments with
family members.
9:13:05 AM
REPRESENTATIVE GARA asked what the lingering effects of
marijuana dependency are in those who stop using, and how those
effects would be treated.
MS. WILLER said that withdrawal symptoms can include shakes;
sleeplessness; irritability; feeling like one must use the drug,
or must use more and more of the drug, in order to feel
"normal"; and not performing work or schoolwork as well as one
might have done in the past while under the influence. The
latter symptom is a result of a person's comfort level becoming
situated in the hands of the drug, just as happens with an
alcoholic, and since the acute symptoms of marijuana
intoxication are no longer present, a person's attention is
focused on trying to get high again.
REPRESENTATIVE GARA asked whether marijuana dependence is the
same as addiction, or whether it has been established that a
certain level of marijuana use will result in addiction.
9:16:42 AM
MS. WILLER suggested that the term "addiction" is a non-medical
term that is sometimes used synonymously with the term
"dependence," adding that she doesn't think that the DSM-IV has
a category for "marijuana addiction."
REPRESENTATIVE COGHILL asked Ms. Willer how many adults she has
admitted to treatment for marijuana use.
MS. WILLER said that 34 percent of those admitted into public,
substance-abuse treatment programs are treated for a primary or
a secondary cannabis abuse or cannabis dependence diagnosis.
She said that a primary dependence diagnosis means that cannabis
is presenting the foremost primary problem, whereas a secondary
dependence diagnosis means that cannabis is secondary to some
other substance, often alcohol. Alcoholism and cannabis
addiction are not mutually exclusive; they often go hand in hand
with one another.
REPRESENTATIVE COGHILL asked Ms. Willer whether she has ever
treated someone just for marijuana dependence.
MS. WILLER said she has, particularly younger clients, though
having someone present just a marijuana dependence is rare. She
indicated that she would be offering more testimony later in the
meeting.
9:20:00 AM
MAHMOUD A. ElSOHLY, Ph.D., Director, Marijuana Program,
University of Mississippi, relayed that the Marijuana Program is
funded by the National Institute on Drug Abuse (NIDA), and that
the Marijuana Program analyzes marijuana samples seized by the
U.S. Drug Enforcement Administration (DEA) and local law
enforcement agencies. Over the years, since the late 1960s, the
Marijuana Program has monitored the average level of THC found
in confiscated marijuana. He mentioned that he'd prepared
statistics regarding all the samples received from Alaska since
1976; that he'd provided those statistics to [the DOL]; that
those statistics include a breakdown by the number of samples,
the average potency, and the year; and that he [could] provide
statistics regarding the average potency nationwide.
DR. ElSOHLY noted, however, that during the years prior to 1985,
only a few samples were received each year from Alaska,
sometimes just one or two samples a year, but those numbers have
increased since then. In looking at the data gathered from the
late 1980s on, the average THC content in Alaska has not been
less than 6 percent, and has sometimes been as high as 10-12
percent, though in 2003 the average went as high as 14 percent
and involved 18 samples. He also mentioned that the Marijuana
Project does not yet have all the data for 2004 analyzed, but so
far the one sample that has been analyzed had a potency of over
12 percent. In response to questions, he described the
different processes/methods one can use to increase the potency
of marijuana.
9:29:43 AM
DR. ElSOHLY in response to further questions, said that the
potency of marijuana is dependent on its THC content, and
mentioned that one of the dangers in smoking marijuana,
particularly high potency marijuana, is that there is a little
bit of a delay between smoking the marijuana and feeling its
effects, and so one could easily give one's self too high a dose
and not realize it until too late. He mentioned that although
an experienced marijuana user might be able to titrate a bit
better than an inexperienced user, the latter could end up
overdosing himself/herself without knowing what to expect. He
explained that THC has a biphasic effect, meaning that a high
dose has the opposite effect of a small dose; for example, a
small dose might result in feelings of euphoria, whereas a high
dose could result in feelings of paranoia. So high potency
marijuana in the hands of an inexperienced user could result in
that user not experiencing the results he/she anticipated.
DR. ElSOHLY, in response to more questions, said that the
highest level of the effects a person will feel from smoking
marijuana will be felt within 10 minutes, and that
theoretically, one could simply use less of higher potency
marijuana. The problem, again, however, is that one doesn't
necessarily know how potent any given bit of marijuana is, that
it takes a bit of time for the effects to be felt, and so once
the marijuana is consumed, it is too late to alter the dosage.
He offered his belief that at least with alcohol, one can smell
a particular type of alcohol and get a rough idea of how strong
a drink will be.
9:36:06 AM
REPRESENTATIVE COGHILL raised the issue of measuring THC levels.
DR. ElSOHLY said that the level of THC in the bloodstream will
be proportionate to the THC level in the marijuana itself,
though how much THC actually gets into the bloodstream will be
dependant on how a person smokes the marijuana and how long
he/she holds the smoke in his/her lungs. In response to another
question, he offered his opinion that the different methods of
and devices for smoking marijuana are all equally bad; the
method/device a person uses is just a matter of personal
preference.
DR. ElSOHLY, with regard to the issue of potency, offered his
guess that the average potency of marijuana nationwide for 2004
will be around 7 percent, but noted that one set of samples used
in the data he provided are domestic varieties, whereas the
other set of samples is presumed to come from foreign countries.
The THC levels in the domestic samples from the rest of the U.S.
average 4 percent, but Alaska's domestically produced samples
have a THC level that is much higher than the national average.
He suggested that the increase in THC levels nationwide is the
result of an increase in the amount of marijuana seized that
originated in foreign countries.
9:41:22 AM
REPRESENTATIVE ANDERSON asked Dr. ElSohly to state what he feels
to be the three worst effects of marijuana.
DR. ElSOHLY said it would be dependency, [deterioration of]
health and performance, and increases in the number of emergency
room visits by 12-17 year olds. He also spoke of "amotivational
syndrome," antisocial behavior, and the negative impact
marijuana consumption has regarding the operation of machinery
or motor vehicles. In response to a further question regarding
statistics specific to Alaska, he reiterated that they are
contained in the information he provided, and again offered a
brief description of what they entailed.
9:45:01 AM
MS. WILLER, continuing with her testimony, emphasized that
trivializing or underestimating the negative consequences of
marijuana use affects the attitudes regarding the risks
associated with marijuana use, which can in turn affect the
attitudes that children have regarding marijuana use. She noted
that there are statistics available indicating that the age of
first use in children is associated with parental use in the
home. The age at which a person first uses marijuana has severe
consequences; the younger a person is when he/she starts using
marijuana - for example, if one starts using marijuana before
the age of 15 - the more likely he/she is to become dependant on
marijuana or to use stronger drugs such as heroin and cocaine
when he/she is older. Such children are less likely to graduate
[from high school], are more likely to be involved in delinquent
behaviors, and are more likely to have multiple sexual partners.
MS. WILLER relayed that according to studies, one in eight high
school students in Alaska reported using marijuana before the
age of 13, and over 10 percent of middle school students
reported using marijuana before the age of 11. This illustrates
that there is a risk in Alaska that people will use marijuana at
a young age, and this risk is even higher for Alaska Natives -
Native children use marijuana at a rate of 69.7 percent, whereas
non-Native children use marijuana at a rate of 41.2 percent.
She said that although she would agree that alcohol and tobacco
are more harmful than marijuana, adding marijuana to the list of
substances that one abuses simply increases the number of
substances that one has to struggle with.
MS. WILLER relayed that many of those seeking treatment for
alcohol abuse were of the opinion that marijuana use is benign,
that it is a "free" way to get high without encountering the
consequences associated with alcohol use. Thus many who
attempted to stop drinking would do so by getting stoned, but
this would then lead back to alcohol use. In summary, she
remarked: "Marijuana today is stronger than it ever was,
leading to more dependence and abuse. Kids are trying it at
younger ages, particularly because it's accessible in their
homes and because we tend to think of it as not a risky drug.
And these issues are hitting our most vulnerable populations
hardest."
MS. WILLER, in response to questions, said that a national study
conducted in 2003 regarding marijuana use by children indicated
that 48 percent of those who used marijuana reported getting the
marijuana from their own homes.
CHAIR McGUIRE asked Ms. Willer to consider including such a
question in any forthcoming study conducted in Alaska.
MS. WILLER characterized that as a good idea.
CHAIR McGUIRE surmised that such information would help
determine where a legitimate government interest fits in.
9:50:53 AM
ED HARRINGTON, Captain, Commander, Alaska Bureau of Alcohol &
Drug Enforcement, N Detachment, Division of State Troopers,
Department of Public Safety (DPS), after detailing the positions
he's held over the years and his current duties, offered
examples of cases wherein children had been taught to smoke
marijuana by those living in their homes. With regard to
marijuana grows, he said that although there are small grow
sites out there, they are rarely found by his unit; more
typically what is found by his unit are large commercial grows.
He went on to detail the methods of growing and the equipment
used at those sites.
CAPTAIN HARRINGTON referred to the misperception that people
have been sent to jail for growing small amounts of marijuana,
and pointed out that is very difficult to even get much jail
time for those convicted of growing large amounts of marijuana.
For example, a case involving a grow of 86 plants was dismissed
simply because of the caseload level. Additionally, those that
are convicted for commercial grows are [sometimes] awarded a
Suspended Imposition of Sentence (SIS) or only minimal jail
time; once released, such individuals can often be found growing
marijuana again at the same locations their original grows were
discovered.
CHAIR McGUIRE asked whether the lack of prosecution is a
reflection of the societal attitude in Alaska.
CAPTAIN HARRINGTON opined that it is. He pointed out that if
the marijuana grow reaches the federal threshold, more severe
penalties become available. In response to a further question,
he offered his belief that those involved in commercial grows
are sophisticated enough to keep their enterprises below certain
sizes. He then went on to detail his unit's experience
regarding what various quantities of marijuana can be bought for
on the street in different areas of the state, concluding that
selling marijuana is a lucrative business.
9:58:59 AM
REPRESENTATIVE GARA, observing that there aren't enough
resources currently to prosecute various crimes - for example,
sexual assault crimes - asked how the adoption HB 96 will result
in something other than more unprosecuted cases.
CAPTAIN HARRINGTON acknowledged that part of the solution to
Alaska's marijuana problem will be to enhance prosecution
efforts and make penalties more severe for those that are
growing and selling marijuana on a commercial basis.
REPRESENTATIVE GARA said it seems that the issue of growing
marijuana commercially is much more serious than mere
possession, and suggested that perhaps they should just focus on
the "grower" issue.
CAPTAIN HARRINGTON noted that a commercial grow can consist of
anywhere from 5 to 2,000 plants, and even small commercial grows
need to be addressed. Part of the problem in addressing
commercial growers, however, comes as a result of the 2004
Alaska Court of Appeals case, Crocker v. State of Alaska, which
referenced the Noy decision and which requires law enforcement
officers to specify that they know that there is more than four
ounces of marijuana being grown in a particular location. He
posited that this higher standard has resulted in lower numbers
of marijuana plants being eradicated in recent years; for
example, in 1999, 14,600 marijuana plants were eradicated, but
in 2003, only 5,200 marijuana plants were eradicated.
REPRESENTATIVE ANDERSON posited that the idea is to be
consistent regarding all drug use.
CAPTAIN HARRINGTON concurred.
10:04:05 AM
AARON MATTLEY offered the following comments:
I'm a registered voter, and I'm a marijuana user -
[I've] used it for eight years. During this time I've
excelled in a lot of aspects in life [including]
college sports - varsity cross-country and varsity
soccer. I'm not saying [marijuana] ... is a
performance enhancer, but I am saying [it's] simply
managed, in one's life, according to one's goals. My
fastest time in cross-country was five miles in 28
minutes and 30 seconds. I've climbed 14,000-foot
peaks - I know [Mount] Denali guides that partake in
cannabis.
I'm a former president of [a] college music
organization that was featured at my [university
president's] dinner. I have a design patent in
process. I'm a woodcrafter. I'm an outdoorsman. I
have three music CDs I've released and one independent
film that can be ordered at www.groovyfilms.biz. I
have a steady lady friend of two years who does not
smoke pot. ... I have my bachelors degree in
professional accounting; I currently work for the
State of Alaska as a junior auditor in [the
Legislative Audit Division, Alaska State Legislature],
but ... I am here representing myself. ...
It is costing me money to be here right now, and I
think that democracy is weakened when people have to
decide between participating in a democratic process
or paying for rent and putting food on the table. I'm
fortunate enough that I can make the sacrifice. My
expertise credentials root from my direct involvement
with the cannabis culture in the Lower 48 and the
great [state of Alaska] - a culture that has been
demonized by government propaganda. I, like everyone
here at the table, am for regulation of marijuana in
order to keep children under the age of 18 from using
it and adults under [the age of] 21 from using it.
Let's regulate it.
MR. MATTLEY went on to say:
However, I am strongly opposed to HB 96 and SB 74.
These bills are not about keeping marijuana away from
children or increasing the wellness of society. They
only create disharmony and are part of an ongoing
effort to oppress a natural resource that undermines
"Big Money" and special interests - i.e. fossil fuels,
timber, petrochemicals using nylon, and oil-based
products such as plastic, [and] pesticide consumption
by genetically engineered food companies with 10,000
seed patents. There is more money being made in
pretending that we're stopping marijuana use than
there is selling it; quick example: myself and two
friends were fined over $3,500 for a $35-bag of weed.
Plus, there are privatized prisons knocking on
Alaska's door for the per prisoner revenue amount,
while Senate Bill 56 gives judges the ability to
increase felony sentencing - i.e. nonviolent marijuana
activists. [Again], There is more money being made in
pretending that you're stopping it than there is
selling. Shame on the political fuel of these bills.
All the information and research needed to support the
legalization of marijuana has already been presented
countless times before despite independent, un-
marginalized research being barred from universities
as federal governments produce propaganda from White
House experts - ... yeah, they contract universities
to produce research but, again, it's contracted, it's
very marginalized. ...
There is so ... much research out there that already
supports the legalization of marijuana, and regulation
of it, that the burden of proof actually lies on the
proponents of these desecrated bills. The facts stand
why marijuana should be legalized, and let's start
with a patriotic one: 'Benjamin Franklin started one
of America's first paper mills with cannabis. This
allowed America to have a free colonial press without
having to beg or justify paper and books from
England.' You can find all this in a book I'm quoting
- it's called, The Emperor Wears No Clothes, it's by a
Jack Herer. Some people will consider it just ...
cultural propaganda; however, [it] is an authoritative
document.
MR. MATTLEY added:
Further, uses of marijuana are as follows: cannabis
used to make over 25,000 products before it was
outlawed in 1937; 125 years ago, [70] to 90 percent of
all rope, twine, cordage, ship sales, canvas, fiber,
cloth, et cetera, was made out of hemp fiber - in 1937
it was replaced by DuPont's newly discovered fiber
known as nylon; cannabis was the number one annually
renewable natural resource for 80 percent of all
paper, fiber, textiles, and fuel, from 6,000 years ago
until 125 years ago; cannabis was used for 5 to 50
percent of food, light, land and soil reclamation, and
even 20 percent or more of all medicine.
Prior to the 1800s, hempseed oil was the number one
source for all lighting oil throughout the world.
Until 1937-38, even paints and varnishes were 80
percent hempseed oil. Hempseed oil is nontoxic and
has been used to make high-grade diesel fuel, oil,
[and] aircraft and precision oil. The pulp from hemp
is the most efficient sustainable source of plant pulp
for biomass fuel to make charcoal, gas, methanol,
gasoline, and electricity in a natural way.
Nutritionally, hempseed is the most [perfectly
balanced and highest source of omega-3 and omega-6
fatty acids.
CHAIR McGUIRE interjected to note the committee's time
constraints.
10:11:25 AM
MR. MATTLEY, acknowledging that point, asked why the amount of
four ounces of marijuana was chosen as the threshold for a
felony charge. He offered his belief that it was an arbitrary
decision. He added:
The challenge to the world and this committee is to
try to prove the facts wrong. [Those facts being]:
"If all fossil fuels and their derivatives, as well as
the deforestation of trees for paper and agriculture,
are banned from ... use in order to save the planet
and reverse the greenhouse effect, then there is only
one known renewable natural resource able to provide
the overall majority of our paper, textiles, and food,
meet all the world's transportation, home, and
industrial energy needs, reduce pollution, rebuild the
soil, and clean the atmosphere all at the same time.
Our old standby that did it all before: cannabis ...
hemp.
MR. MATTLEY referred to Captain Harrington's testimony regarding
the price of marijuana in different areas of the state, and
opined that no one he knew would pay the amounts that Captain
Harrington claims are being paid.
CHAIR McGUIRE surmised that the higher figures Captain
Harrington mentioned were the amounts being paid for marijuana
in Bush Alaska.
MR. MATTLEY went on to say that 43 percent of [Alaskan] voters
voted to regulate marijuana, characterized HB 96 and SB 74 as an
extremely harsh swing [in the direction of criminalizing
marijuana], and opined that public testimony by the people -
rather than by the experts - should be given more credence.
Nothing is completely harmless, he noted, and suggested that
taking away a person's freedom to inhale/exhale a particular
substance is also an attack on free speech, since breathing is
required in order to speak. He concluded by saying that the
bill does not address the issue of health and wellness, that
there is no need to make more criminals [out of marijuana
users], and reiterated his belief that marijuana should be
regulated in order to keep it away from children under the age
of 18 and adults under the age of 21. On a macro level, he
remarked, HB 96 is protecting "Big Money."
CHAIR McGUIRE said she agreed with Mr. Mattley, and indicated
that public testimony will remain open for further meetings on
HB 96, which would be held over.
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 10:15 a.m.
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