Legislature(2015 - 2016)SENATE FINANCE 532
03/12/2015 01:30 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 30 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
March 12, 2015
1:51 p.m.
1:51:01 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:51 p.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
Chuck Kopp, Staff to Senator Peter Micciche; Jordan
Shilling, Staff to Senator John Coghill; Kaci Schroeder,
Assistant Attorney General, Criminal Division, Department
of Law; Nancy Meade, General Counsel, Alaska Court System
PRESENT VIA TELECONFERENCE
Tracy Wollenberg, Deputy Public Defender, Appellate
Division, Public Defender Agency, Department of
Administration; Major Dennis Casanovas, Alaska State
Troopers, Department of Public Safety, Anchorage
SUMMARY
SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 30 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 30
"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."
1:51:08 PM
Co-Chair MacKinnon clarified that some activities
involving, and possession of marijuana were legal. She said
that there was conduct outside of what the initiative
allowed that remained illegal. She recalled public
testimony about the definition of "controlled substance"
and how it related to marijuana. She feared that there was
a misconception about what the legislation proposed. She
stressed that the initiative language did not remove
marijuana as a controlled substance, did not decriminalize
all marijuana possession in Alaska, or require the
legislature to tax and regulate marijuana like alcohol. She
shared that if the bill did not move forward a person
caught outside of the home with 4 ounces of marijuana would
be charged with a felony. She pointed out to the committee
that version X of the bill made the aforementioned
violation a Class A misdemeanor. She said that the 18
amendments that were to be offered for policy consideration
stemmed directly from the public comment hearing on March
11, 2015.
1:54:42 PM
AT EASE
1:58:43 PM
RECONVENED
Co-Chair MacKinnon stated that amendment concerning local
option was being drafted and would be taken up at a later
date.
1:59:21 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 1, 29-
LS0231\X.34, Mischel/Martin, 3/11/15 (copy on file):
Page 22, lines 3 - 4:
Delete all material.
Renumber the following paragraph accordingly.
Page 22, lines 5 -6:
Delete "or marijuana accessory"
Page 22, line 7, following "removed":
Insert "while in the vehicle"
Co-Chair MacKinnon OBJECTED for discussion.
Vice-Chair Micciche read the amendment.
2:00:16 PM
CHUCK KOPP, STAFF TO SENATOR PETER MICCICHE, explained that
the amendment spoke to the open container law that dealt
with marijuana. He said that "marijuana accessory" would
pertain to a marijuana pipe, which could be lawfully used
outside of the vehicle; removal of the language would
prevent someone from being cited for having a pipe in the
vehicle. The language also clarified that any marijuana
removed while in the vehicle would be a violation.
Co-Chair MacKinnon WITHDREW her OBJECTION. There being NO
further OBJECTION, Amendment 1 was ADOPTED.
Vice-Chair Micciche MOVED to ADOPT Amendment 2, 29-
LS0231\X.19, (Mischel/Martin, 3/10/15) (copy on file):
Page 7, line 21, following "remuneration":
Insert "or barter"
Page 7, line 23, following remuneration":
Insert "or barter"
Page 12, lines 10 -12:
Delete all material.
Renumber the following bill sections accordingly.
Page 13, line 18, following "remuneration":
Insert "or barter"
Page 16, following line 24:
Insert a new bill section to read:
"*Sec. 25. AS 17.38.120(c) is amended to read:
(c) Nothing in this chapter is intended to permit
the transfer of marijuana, with or without
remuneration or barter, to a person under [THE
AGE OF] 21 years of 20 age."
Renumber the following bill sections accordingly.
Page 21, line 11:
Delete";"
Insert"."
Page 21, line 12:
Delete all material.
Co-Chair MacKinnon OBJECTED for discussion.
Vice-Chair Micciche spoke to Amendment #2.
2:02:01 PM
JORDAN SHILLING, STAFF TO SENATOR JOHN COGHILL, explained
that Amendment 2 would narrow the definition of
"remuneration" to include monetary gain and barter.
Co-Chair MacKinnon WITHDREW her OBJECTION and there being
NO further OBJECTION, Amendment 2 was ADOPTED.
2:02:50 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 3, 29-
LS0231\X.28, (Mischel/Martin, 3/11/15) (copy on file):
Page 16, line 17:
Delete "a day"
Insert "in one transaction"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling relayed that the initiative explicitly
prohibited any kind of a database that would track
customers. The amendment would prohibit retail marijuana
stores from selling more than five grams of marijuana
concentrate to a customer in a single transaction.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 3.
There being NO further OBJECTION, Amendment 3 was ADOPTED.
2:03:56 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 4, 29-
LS0231\X.35, (Mischel/Martin, 3/11/15) (copy on file):
Page 1, line 3:
Delete "relating to municipalities;"
Page 22, lines 8 - 14:
Delete all material.
Renumber the following bill sections accordingly.
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained that Amendment 4 would reserve to the
state the authority to regulate marijuana and that
municipalities could not enact or enforce an ordinance that
was inconsistent with AS 17.38. He shared that municipal
entities had expressed concern that their ability to craft
ordinances could be overly restricted by the initiative. He
said that the municipal ordnances would always be subject
to interpretation, whether they were in violation of the
initiative or not. He gave the example that Title 29 was
applied in cases involving firearms, or knives, and the
public could rely that the laws for those weapons would be
uniform throughout the state. He stated that by removing
the language from the bill, a municipality could have a
different interpretation from another municipality with
respect to the requirements of the initiative.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 4.
There being NO further OBJECTION, Amendment 4 was ADOPTED.
2:06:09 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 5, 29-
LS0231\X.25, (Martin, 3/11/15) (copy on file):
Page 11, line 18, following "overdose":
Insert "or significant adverse marijuana
reaction"
Page 11, line 28, following "overdose":
Insert "or significant adverse marijuana
reaction"
Page 11, line 31, following "overdose":
Insert "or significant adverse marijuana
reaction:
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling explained that Amendment 5 would add simple
language to the section of the bill that provided an
immunity for a person calling authorities on behalf of a
person suffering an overdose or adverse reaction to
marijuana.
Co-Chair MacKinnon commented that this was in direct
response to public testimony.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 5.
There being NO further OBJECTION, Amendment 5 was ADOPTED.
2:07:40 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 6, 29-
LS0231\X.18, (Martin, 3/11/15) (copy on file).
Page 5, lines 2 - 4:
Delete all material and insert:
"(F) 16 [ONE OR MORE PREPARATIONS,
COMPOUNDS,
MIXTURES, OR SUBSTANCES OF AN AGGREGATE WEIGHT OF
FOUR] ounces or more of usable marijuana [CONTAINING A
SCHEDULE VIA CONTROLLED SUBSTANCE]; or"
Page 6, lines 16 - 18:
Delete all material and insert:
"(A) more [ONE OR MORE PREPARATIONS,
COMPOUNDS, MIXTURES, OR SUBSTANCES OF AN AGGREGATE
WEIGHT OF LESS] than one ounce of usable marijuana
[CONTAINING A SCHEDULE VIA CONTROLLED SUBSTANCE];"
Page 7, lines 8 - 11:
Delete all material and insert:
"(E) at least three ounces but less than 16
ounces of usable marijuana [ONE OR MORE PREPARATIONS,
COMPOUNDS, MIXTURES, OR SUBSTANCES OF AN AGGREGATE
WEIGHT OF ONE OUNCE OR MORE CONTAINING A SCHEDULE VIA
CONTROLLED
SUBSTANCE]; or"
Page 7, line 16:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 7, lines 19 - 21:
Delete all material and insert:
"(A) one ounce or less of usable marijuana
for remuneration; or"
Page 7, lines 30 - 31:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page8, line5:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 8, lines 16-17:
Delete "at least two ounces but less than three
ounces [LESS THAN ONE OUNCE]"
Insert "less than one ounce"
Page 8, following line 22:
Insert a new paragraph to read:
"(4) possesses at least two ounces but less
than three ounces of usable marijuana;"
Renumber the following paragraphs accordingly.
Page 8, lines 25 - 26:
Delete "one or more preparations, compounds,
mixtures, or substances of an aggregate weight
of'
Page 8, line 27:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 8, line 29:
Delete "(a)(2)(A), (a)(4), and (a)(5)"
Insert "(a)(4) - (a)(6)"
Page 9, line 1:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 9, lines 9 - 11:
Delete all material and insert:
"(1) possesses more than one ounce but less
than two ounces of usable marijuana;"
Page9, lines 14-16:
Delete all material and insert:
"(i) possesses less than two ounces of
usable marijuana; or"
Page 9, lines 17 - 18:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 9, lines 19 - 20:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 9, line 21:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 9, line 28:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 9, line 31, through page 10, line 1:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 10, line 20:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana [A SCHEDULE VIA
CONTROLLED SUBSTANCE]"
Page 12, line 10:
Delete "a new paragraph"
Insert "new paragraphs"
Page 12, line 12, following "means":
Insert";
(32) "usable marijuana" means the seeds,
leaves, buds, and flowers of the plant genus
cannabis, hashish, hash oil, and marijuana
concentrates, but does not include the stalks or
roots of the plant genus cannabis"
Page 13, line 10, following "of':
Insert "usable"
Page 13, line 15, following "more of':
Insert "usable"
Page23, line 18:
Delete "a schedule VIA controlled substance"
Insert "usable marijuana"
Page 23, line 20, following "ll.71.060(a)(l),":
Insert" ll.71.060(a)(2)(A),"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained Amendment 6 would amend the language to
refer back to the previous Senate Judiciary version of the
legislation. He explained that use of the term "usable
marijuana" as defined in AS 17.37.070, made clear which
part of the plant was under discussion. He believed that
the term dispelled any confusion with discussion concerning
live plants. He explained that plants would be dealt with
by number and usable marijuana would be measured by weight
of consumable product. He referred to Page 5, lines 2 - 4,
which related to misconduct involving controlled substance:
IV degree, class C felony conduct; the language referring
to aggregate weight on Line 3, and other corresponding
schedule VI(A) language, had been removed and replace with
language that related that a crime was committed if the
person was in possession of 16 ounces, or more, of usable
marijuana. He said that the limit would be set at 16 ounces
inside and outside of the home. He explained that because
it would be difficult to determine how much 6 plants could
ultimately yield, it might be prudent to set an upper limit
for possession inside the home, or to set no limit at all.
He testified that because possession of 16 ounces outside
of the home could be considered a de facto attempt to
distribute, the issue should be a policy call by the
legislature.
2:11:35 PM
Mr. Kopp pointed out to the committee that the term "usable
marijuana" carried through page 5 of the conforming
amendment. He highlighted that the amendment spoke to
amounts of marijuana and not the aggregate weight of live
plants. He noted that the numbers of plants remained intact
in the language, showing that there was a range of plants
that indicated a certain level of misconduct and a rage of
weight or useable marijuana that corresponded to the same
level of misconduct.
Co-Chair MacKinnon asked the committee to consider
Amendment 6. She MAINTAINED her OBJECTION, with the intent
of holding the amendment until the following day.
2:14:18 PM
Senator Olson asked how the possession limitations would
apply to a person on a camping excursion.
Mr. Kopp stated that under the limits set in the bill, the
person would only be considered in violation by the amount
in possession. He referred to Page 8, section 8 of the
bill:
*Sec. 8. AS ll.71.060(a) is amended to read:
(a) Except as authorized in AS 17.30, a person
commits the crime of misconduct involving a controlled
substance in the sixth degree if the person
(1) uses or displays any amount of a
schedule VIA controlled substance;
(2) possesses one or more preparations,
compounds, mixtures, or substances of an aggregate
weight of
(A) at least two ounces but less than
three ounces [LESS THAN ONE OUNCE] containing a
schedule VIA controlled substance;
(B) six grams or less containing a
schedule IIIA controlled substance listed in AS
11.7l.l60(f)(7) - (16) that has been sprayed on or
otherwise applied to tobacco, an herb, or another
organic material; [OR]
(3) refuses entry into a premise for an
inspection authorized under AS 17.30.
(4) possesses more than six but less than 12
plants of the genus cannabis; or
(5) possesses, displays, delivers, or
transports one or more preparations, compounds,
mixtures, or substances of an aggregate weight of more
than one ounce of a schedule VIA controlled substance
in a public place.
Senator Olson restated his question to include the use of
medical marijuana while on an extended camping trip.
Mr. Kopp expressed uncertainty as to the amount of medical
marijuana an individual would need while camping. He
thought that the issue could be provided for in regulation.
He revealed that there had not been adequate testimony
concerning the possession limits in the bill and whether
they would accommodate a person's medical marijuana use
while away on a camping trip.
Senator Olson maintained concern that a person camping with
large amounts of marijuana could face unexpected penalties.
Mr. Kopp stated that currently there was no problem with
carrying up to an ounce, and the person remained in non-
criminal territory for up to two ounces.
Senator Olson thought that the law should be clear for
people headed out to camp with a firearm and marijuana.
Mr. Kopp agreed.
2:17:30 PM
TRACY WOLLENBERG, DEPUTY PUBLIC DEFENDER, APPELLATE
DIVISION, PUBLIC DEFENDER AGENCY, DEPARTMENT OF
ADMINISTRATION (via teleconference), testified that the
initiative allowed a person to possess the marijuana
produced by the plants in their own home on the premises
where the plants were grown. She stated that the major
concern regarding Amendment 6 was that the concept of the
initiative would be undermined by imposing the numerical
limits on the amount of useable marijuana that could be
possessed on the same premises where the plants were grown.
She said that the amendment would eliminate the problem of
aggregate weight, but the concern remained as to whether 16
ounces was a reasonable limit in light of the intent of the
initiative. She felt that putting any limit on the amount
of marijuana that a person could possess from plants in
their own home would be subject to challenge in court. She
suggested that the committee consider whether 16 ounces
would allow a person to grow a reasonable amount of
marijuana in a reasonable amount of time.
2:20:42 PM
Ms. Wollenburg continued. She relayed that each of the
possession provisions starting with 16 ounces could
potentially contravene portions of the initiative. She
stated that the proposed amendment did not make the
distinction between possession in the home and possession
outside of the home. She said that without the distinction
language the amendments, and the current version of the
legislation, would prohibit possession of as low as two
ounces of usable marijuana, even if the marijuana came from
plants grown on the premises. She recommended adding
language that prohibited possession of specific amounts of
usable marijuana outside the person's residence.
2:24:19 PM
Mr. Kopp summarized that it needed to be clarified what was
applicable inside and outside of a person's residence.
2:24:39 PM
Co-Chair MacKinnon stated that the committee was trying to
be responsive to the public testimony taken the previous
day.
2:24:48 PM
AT EASE
2:27:03 PM
RECONVENED
Co-Chair MacKinnon explained that concerns had arisen
during public testimony regarding the delivery of
marijuana. She noted that both Amendment 7 and Amendment 8
spoke to the issue.
2:28:36 PM
Vice-Chair Micciche felt strongly about following the
intent of the initiative; that marijuana should be
regulated like alcohol. He asserted that current law did
not allow for the sale of alcohol off of a licensed
premises.
2:29:03 PM
Co-Chair MacKinnon solicited further comments on the issue.
2:29:20 PM
Co-Chair Kelly agreed with Vice-Chair Micciche.
2:29:37 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 7, 29-
LS0231\X.26, (Martin, 3/11/15) (copy on file):
Page 16, following line 14:
Insert a new bill section to read:
"*Sec.24.AS 17.38.070 is amended by adding a
new subsection to read:
(h) A retail marijuana store may only sell or
deliver marijuana products to a person who is
present at the premises of the retail marijuana
store."
Renumber the following bill sections accordingly.
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained that Amendment 7 would limit sales to
the premises of the retail store.
2:30:21 PM
Senator Bishop understood that a person would need to be
physically present at the retail store in order to purchase
marijuana. He wondered how the amendment spoke to the issue
of delivery.
Mr. Kopp answered in the affirmative. He clarified that
"delivery" was inclusive in terms of a person selling
marijuana over the counter to a recipient.
2:31:03 PM
Co-Chair MacKinnon requested that the Department of Law
offer a defense of the use of the word "delivery" as it was
proposed in the amendment.
2:31:34 PM
KACI SCHROEDER, ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, testified that the wording in
the amendment was within the legislature's prerogative.
2:32:04 PM
Co-Chair MacKinnon reiterated the request to Ms.
Wollenburg.
Ms. Wollenburg did not believe that the agency had a
position on the issue.
2:33:34 PM
Vice-Chair Micciche restated that he was striving to follow
the intent of the initiative as closely as possible.
2:34:40 PM
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 7.
There being NO further OBJECTION, Amendment 7 was ADOPTED.
Co-Chair MacKinnon WITHDREW Amendment 8.
Vice-Chair Micciche MOVED to ADOPT Amendment 9, 29-
LS0231\X.46, (Martin, 3/11/15) (copy on file):
Page 17, line 13, following "knowingly":
Insert "(1)"
Page 17, line 15, following "sold":
Insert "; or
(2) present a birth certificate or other written
evidence of age that is fraudulent or false or
that is not the person's own, or otherwise
misrepresent the person's age for the purpose of
(i) purchasing, attempting to purchase, or
otherwise procuring or attempting to procure
marijuana or marijuana products; or
(ii) gaining access to a registered marijuana
establishment"
Co-Chair MacKinnon OBJECTED for discussion.
2:35:32 PM
Mr. Kopp explained that the amendment covered all
activities related to a person misrepresenting their age in
order to procure marijuana from a retail provider.
2:37:31 PM
Vice-Chair Micciche whether the language in the amendment
was similar to the regulations for the sale of alcohol.
Mr. Kopp replied in the affirmative.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 9.
There being NO further OBJECTION, Amendment 9 was ADOPTED.
2:38:12 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 10, 29-
LS0231\X.47, (Martin, 3/12/15) (copy on file):
Page 10, lines 7 - 15:
Delete all material and insert:
"(1) up to $300 for a violation of (a)(1),
(a)(3), or (a)(4) of this section;
(2) $300 for a violation of (a)(2)(A) of this
section; the court may reduce the fine to $50 for
a defendant under 18 years of age if the
defendant supplies to the court, within six
months, proof of completion of a community
diversion panel or a state-approved marijuana
education or treatment program; in this
paragraph, "community diversion panel" means a
youth court or other group selected by the court
to serve as a sentencing option for a person
convicted under (a)(2)(A) of this section;"
Renumber the following paragraph accordingly.
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained that the amendment would set a fine for
violations. He stated that the amendment would give the
court the option to reduce the fine for people under 21
years of age who provided proof of youth court completion
or an approved treatment program.
2:41:06 PM
AT EASE
2:41:23 PM
RECONVENED
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM,
testified that the court system was comfortable with
Amendment 10. She felt that the court would welcome the
option, which could be easily implemented.
2:42:30 PM
Ms. Wollenburg concurred with Ms. Meade.
2:42:52 PM
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 10.
There being NO further OBJECTION, it was so ordered.
2:43:09 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 11, 29-
LS0231\X.24, (Mischel/Martin), 3/11/15 (copy on file):
Page 11, line 12, following "oil":
Insert ";
(4) tetrahydrocannabinols"
Page 23, line 20, following "11.71.160(f)(2)":
Insert ",11.71.160(f)(3)"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained that the amendment would add the word
"tetrahydrocannabinols"(THC) to the bill.
2:44:31 PM
Major Casanovas testified that the amendment would link THC
with the terms hash, hash oil, etc.
Co-Chair MacKinnon asked whether the amendment was
consistent with the intent of the initiative.
2:45:19 PM
Co-Chair Kelly interjected.
2:45:25 PM
AT EASE
2:46:56 PM
RECONVENED
Co-Chair Kelly did not believe that the language spoke to
what the public thought they had voted on when voting for
the initiative. He read from the initiative language (copy
on file):
(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, manufacture, salt,
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 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.
Co-Chair Kelly said that he did not believe that when the
public voted on the initiative that they wanted THC listed
in the definition of marijuana. He asserted that THC was a
dangerous chemical.
2:48:59 PM
Vice-Chair Micciche thought that the amendment made the
definition more conservative.
Mr. Kopp explained that THC was the active ingredient in
marijuana, hashish and hash oil. He likened it to removing
the intoxicant from alcohol.
2:50:22 PM
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 11.
Co-Chair Kelly OBJECTED to Amendment 11.
A roll call vote was taken on the motion.
IN FAVOR: Bishop, Dunleavy, Hoffman, Micciche, MacKinnon
OPPOSED: Olson, Kelly
The MOTION PASSED (5/2). There being NO further OBJECTION,
Amendment 12 was ADOPTED.
Vice-Chair Micciche MOVED to ADOPT Amendment 12, 29-
LS0231\X.31, (Mischel/Martin, 3/11/15) (copy on file):
Page 17, line 20:
Delete "or"
Page 17, line 22, following "age":
Insert "; or
(3) is acting in the capacity of an employee or
volunteer of an agency providing emergency
medical or fire protection services while on the
premises"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling explained that the amendment made certain
exceptions for the presence of those under the age of 21 on
the premises of a retail marijuana establishment.
2:52:12 PM
AT EASE
2:52:53 PM
RECONVENVED
2:52:58 PM
Co-Chair MacKinnon pointed out to the committee that the
amendment had been generated from a request from the Public
Defender's Office that consideration be made to make an
exception for course of employment.
2:53:36 PM
Senator Bishop stated that he would work to craft an
amendment that would speak to people under 21 on the
premises of a retail marijuana establishment as a course of
their employment.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 12.
There being NO further OBJECTION, it was so ordered.
2:53:54 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 13, 29-
LS0231\X.33, (Gardner/Martin, 3/11/15) (copy on file)
[Amendment 13 was rescinded the following day]:
Page 20, following line 21:
Insert a new section to read:
"Sec. 17.38.310. Peace officer powers. The
director of the board and the persons employed
for the administration and enforcement of this
chapter may, with the concurrence of the
commissioner of public safety, exercise the
powers of peace officers when those powers are
specifically granted by the board. Powers granted
by the board under this section may be exercised
only when necessary for the enforcement of the
criminally punishable provisions of this chapter,
regulations of the board, and other criminally
punishable laws and regulations."
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling explained that the amendment would add a new
section to the bill. He said that because the Alcoholic
Beverage Control Board, and potential Marijuana Control
Board, would need to enforce some of the provisions in
Title 17, they would need to be given the authority in
statute.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 13.
There being NO further OBJECTION, Amendment 13 was ADOPTED.
2:55:07 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 14, 29-
LS0231\X.22, (Martin, 3/11/15) (copy on file):
Page 8, line 22, following ";":
Insert "or"
Page 8, lines 24 - 27:
Delete ";or
(5) possesses, displays, delivers, or transports
one or more preparations, compounds, mixtures, or
substances of an aggregate weight of more than
once ounce of a schedule VIA controlled substance
in a public place"
Page 8, line 29:
Delete ",(a)(4), and (a)(5)"
Insert "and (a)(4)"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained that the amendment removed possession
language in order to preserve consistency in the bill.
2:56:17 PM
Vice-Chair Micciche asked which was more serious, a level B
misdemeanor or a level C felony.
Mr. Kopp clarified that a Class C felony was the lowest
level felony and a Class B misdemeanor was the lowest level
misdemeanor.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 14.
There being NO further OBJECTION, Amendment 14 was ADOPTED.
2:56:49 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 15, 29-
LS0231\X.36, (Martin, 3/11/15) (copy on file):
Page 6, line 2:
Delete "this section"
Insert "AS 11.71.010 - 11.71.040"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Kopp explained the amendment reinstated the existing
statute concerning repeated delivery of marijuana to
persons under 21 years of age and previous convictions
involving marijuana.
2:58:46 PM
Vice-Chair Micciche asked if the language was similar to
language for alcohol violations of similar nature.
Mr. Kopp deferred the question to the Department of Law.
2:59:40 PM
Mr. Shilling interjected that it was a felony to deliver
alcohol to a minor twice in a five-year timespan.
Co-Chair MacKinnon noted that Ms. Schroeder had non-
verbally agreed with Mr. Shilling's interjection.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 15.
There being NO further OBJECTION, Amendment 15 was ADOPTED.
3:00:10 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 16, 29-
LS0231\X.20, (Martin, 3/11/15) (copy on file):
Page 21, following line 8:
Insert a new paragraph to read:
"(18) "manufacture" has the meaning given in AS
11.71.900;"
Renumber the following paragraphs accordingly.
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling stated that Amendment 16 was a technical fix
to add the definition of the word "manufacture" into the
legislation.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 16.
There being NO further OBJECTION, Amendment 16 was ADOPTED.
3:00:59 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 17, (29-
LS0231\X.30), (Martin, 3/11/15) (copy on file):
Page 18, line 7:
Delete "AS 17.38.210"
Insert "AS 17.38.200, 17.38.210"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling stated that Amendment 17 was another technical
fix related to the bail forfeiture section; a statute had
been left out and would now be added back in to the bill.
3:01:37 PM
AT EASE
3:01:41 PM
RECONVENED
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 17.
There being NO further OBJECTION, it was so ordered.
3:02:15 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 18, 29-
LS0231\X.29, (Mischel/Martin, 3/11/15) (copy on file):
Page 17, line 7:
Delete "to a:
Insert "if the"
Page 17, line 8:
Delete the first occurrence of "who"
Co-Chair MacKinnon OBJECTED for discussion.
Mr. Shilling explained that Amendment 18 was a technical
amendment.
3:03:13 PM
Senator Bishop asked if the scenario covered by the
amendment was similar to a person under 21 entering a bar
with a parent.
Mr. Kopp replied in the affirmative.
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 18.
There being NO further OBJECTION, Amendment 18 was ADOPTED.
3:03:38 PM
Co-Chair MacKinnon discussed housekeeping.
SB 30 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
3:04:48 PM
The meeting was adjourned at 3:04 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 30 LAW - Unorganized Borough Response.pdf |
SFIN 3/12/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment Packet 031215.pdf |
SFIN 3/12/2015 1:30:00 PM |
SB 30 |