Legislature(2005 - 2006)BUTROVICH 205
03/30/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing – Select Committee on Legislative Ethics | |
| SB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | SB 106 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 30, 2005
8:37 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 106
"An Act relating to sale, possession, and delivery of certain
substances and precursors used in the unlawful manufacture of
methamphetamine."
HEARD AND HELD
CONFIRMATION HEARING:
SELECT COMMITTEE ON LEGISLATIVE ETHICS - Marianne Stillner
CONFIRMATION RESCINDED
PREVIOUS COMMITTEE ACTION
BILL: SB 106
SHORT TITLE: SALE OF METHAMPHETAMINE AND PRECURSORS
SPONSOR(s): SENATOR(s) GUESS
02/14/05 (S) READ THE FIRST TIME - REFERRALS
02/14/05 (S) JUD, FIN
03/29/05 (S) JUD AT 10:30 AM BUTROVICH 205
03/29/05 (S) Heard & Held
03/29/05 (S) MINUTE(JUD)
03/30/05 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Sergeant Timothy Birt
Division of Alaska State Troopers
Department of Public Safety
3700 East Tudor Road
Anchorage, Alaska 99507
POSITION STATEMENT: Testified in support of SB 106
Ms. Cindy Bueller, Pharmacist
Alaska Board of Pharmacists
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 106
Ms. Marlena Adams
Mat-Su Valley, AK
POSITION STATEMENT: Testified in support of SB 106
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:37:08 AM. Present were Senators
Hollis French, Charlie Huggins, Gene Therriault, Gretchen Guess
and Chair Ralph Seekins.
^Confirmation Hearing - Select Committee on Legislative Ethics
CHAIR SEEKINS announced the need to rescind the previous
recommendation for Ms. Marianne Stillner to the Select Committee
on Legislative Ethics due to the fact her term had not expired.
SENATOR HUGGINS moved to rescind the action of forwarding Ms.
Marianne Stillner's name. Hearing no objections, the motion
carried.
8:42:16 AM
CHAIR SEEKINS offered to draft a letter for the Legislative
Ethics Committee advising them of future procedural steps when
faced with conflicting statute interpretation.
SENATOR FRENCH agreed and stated the action does not reflect
upon Ms. Stillner.
SB 106-SALE OF METHAMPHETAMINE AND PRECURSORS
8:45:13 AM
SERGEANT TIMOTHY BIRT, Alaska State Troopers, testified in
support of SB 106. Methamphetamine (meth) contributes many
dangers to the community, although chemicals used to make meth
have legitimate retail uses. Byproducts of combining the
chemicals are toxic, flammable, explosive, and create toxic
residues that contaminate dwellings. There are 150 recipes for
manufacturing meth, which are easily obtainable online.
8:47:54 AM
One hundred percent of the meth manufactured in Alaska is
manufactured from diverted Pseudo Ephedrine (diverted from
legitimate use to an illegal drug).
SENATOR GUESS asked Sgt. Birt to comment on a suggested limit
for legitimate personal use.
SERGEANT BIRT said the Alaska State Troopers would prefer a
limit of six grams. The lower threshold would have more of a
significant impact. The State of Oregon has a nine-gram
threshold and report they haven't seen much of an impact on meth
labs. The State of Iowa recently went to a seven and a half
threshold.
8:49:44 AM
SENATOR FRENCH asked Sgt. Birt the amount of meth that can be
made out of nine grams of Pseudo ephedrine.
SERGEANT BIRT answered from nine grams of Pseudo ephedrine, six
and three quarters grams of meth can be derived.
SENATOR FRENCH asked the amount an addict doses.
SERGEANT BIRT responded an addict divides one gram into ten
portions and one portion is equal to one dose.
SENATOR FRENCH asked the street price of one gram of meth.
SERGEANT BIRT answered $150 dollars.
8:51:30 AM
SENATOR FRENCH commented nine grams of Pseudo ephedrine converts
to approximately $1,000 dollars worth of meth. He said the
committee was concerned with protection of people who
legitimately use the product. He asked Sgt. Birt to explain how
an officer would identify a meth lab.
SERGEANT BIRT advised officers normally rely upon more than one
indicator. Exceptional amounts of Pseudo ephedrine packages and
certain types of solvents, along with unusual amounts of lye and
sulfuric acids would be an indicator.
8:54:13 AM
Various cooking items such as hotplates and Pyrex dishes with
residues, fans, hoses, tubing, gas generators all indicate
evidence of manufacturing.
SENATOR FRENCH commented Oregon has a savings clause in its meth
statutes, which say the law doesn't apply to someone whose use
is consistent with typical household use. He wondered whether
Alaska should have a similar savings clause.
SERGEANT BIRT agreed that would be a good idea.
8:56:40 AM
MS. CINDY BUELLER, pharmacist, representing the Alaska State
Board of Pharmacy testified in support of SB 106. The board
encourages limiting the sale of Pseudo ephedrine for the purpose
of stopping the production of methamphetamines. It is a
relatively small inconvenience to the public.
8:59:57 AM
MS. BUELLER stated pharmacists do not want to lock up multi-
ingredient products because meth cookers do not use those
products to make meth.
9:01:22 AM
SENATOR FRENCH asked whether it is impossible to make meth out
of multi-ingredient products.
MS. BUELLER answered Washington state legislation suggests it
would be a substantial hurdle.
SERGEANT BIRT commented meth cookers prefer to use single Pseudo
ephedrine sources. It is possible to create meth from multi-
ingredient products but it takes a higher level of chemistry
knowledge.
9:02:53 AM
CHAIR SEEKINS asked Sgt. Birt whether it is a threat to have the
combined products readily available on retail shelves.
SERGEANT BIRT stated his experience is meth cooks utilize cold
tablets primarily.
9:06:09 AM
CHAIR SEEKINS commented there was no reliable information
indicating the presence of other products would block the
chemical process of producing meth using multi-ingredient
products.
SERGEANT BIRT agreed. He asserted SB 106 would significantly
impact meth labs.
9:07:30 AM
SERGEANT BIRT continued once register logs were made available
to law enforcement it would provide tremendous help.
9:09:59 AM
CHAIR SEEKINS asked Sgt. Birt whether he has information from
Oklahoma to indicate the registry log has been helpful.
SERGEANT BIRT said Oklahoma has seen a significant impact in the
reduction of meth labs.
CHAIR SEEKINS asked the economic profile of the average meth
cooker.
SERGEANT BIRT revealed they were normally low-income renters,
with numerous junk vehicles surrounding residences that contain
junk and clutter inside and outside the residence.
9:12:38 AM
CHAIR SEEKINS asked the motivation for manufacturing meth.
SERGEANT BIRT responded addiction and money. A $100 investment
can quickly and easily turn into $1000.
CHAIR SEEKINS asked Sgt. Birt whether he has seen large
quantities of Pseudo ephedrine purchased over the Internet and
shipped into Alaska.
SERGEANT BIRT responded no.
9:15:17 AM
CHAIR SEEKINS asked whether there was a way for a shipping
company to know the contents of a package they are shipping.
SERGEANT BIRT responded he did not know.
9:17:54 AM
CHAIR SEEKINS voiced concern there may be other supply routes to
research for future legislation.
9:19:51 AM
SERGEANT BIRT agreed. He is aware that Pseudo ephedrine can be
purchased online but currently it is purchased in-state using
existing retail outlets.
SENATOR FRENCH asked the Oklahoma experience since their meth
legislation.
SERGEANT BIRT responded Oklahoman has noticed an increase in
Pseudo ephedrine sales in adjoining states.
9:22:43 AM
CHAIR SEEKINS expressed concern SB 106 would restrict retailers
in Alaska but would leave the wholesale door wide open.
9:24:07 AM
SENATOR GUESS asked Ms. Marlena Adams to testify.
MS. MARLENA ADAMS testified in support of SB 106. Her experience
as a meth addict caused her almost insurmountable pain and
suffering.
SB 106 was held in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 9:29:59 AM.
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