Legislature(2015 - 2016)BUTROVICH 205
01/29/2015 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview: Marijuana Ballot Measure - Discussion of Implementation / Administration | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
January 29, 2015
9:01 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
OVERVIEW: MARIJUANA BALLOT MEASURE - DISCUSSION OF
IMPLEMENTATION / ADMINISTRATION
- HEARD
PREVIOUS COMMITTEE ACTION
See Senate State Affairs minutes from 1/22/15 and 1/27/15.
WITNESS REGISTER
JAY BUTLER, Chief Medical Officer/Director
Division of Public Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Presented information related to the
Marijuana Ballot Measure.
JEFF ROGERS, Operations Manager
Division of Administrative Services
Department of Commerce, Community and Economic Development
(DCCED)
Juneau, Alaska
POSITION STATEMENT: Presented information related to the
Marijuana Ballot Initiative.
ELAINE BUSSE FLOYD, Director
Division of Environmental Health
Department of Commerce, Community and Economic Development
(DCCED)
Anchorage, Alaska
POSITION STATEMENT: Presented information related to the
Marijuana Ballot Initiative.
RACHAEL PETRO, President/CEO
Alaska State Chamber of Commerce
Anchorage, Alaska
POSITION STATEMENT: Presented information related to the
Marijuana Ballot Initiative.
JOEY CRUM, President/CEO
Northern Industrial Training and
Executive Board Member
Alaska Trucking Association
Anchorage, Alaska
POSITION STATEMENT: Presented information related to the
Marijuana Ballot Initiative.
ACTION NARRATIVE
9:01:49 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators McGuire, Wielechowski, Huggins, Coghill, and
Chair Stoltze.
^Overview: Marijuana Ballot Measure - Discussion of
Implementation / Administration
Overview: Marijuana Ballot Measure - Discussion of
Implementation / Administration
9:02:12 AM
CHAIR STOLTZE announced that the committee would hear a
presentation on the Marijuana Ballot Measure. He said today's
presenters are from the Department of Health and Social Services
(DHSS) and the Department of Commerce, Community and Economic
Development (DCCED), as well as from the business community
regarding their drug testing mandates. He noted letters in
members' packets. He stated the purpose of the meeting is to
further public awareness of the issue.
9:04:03 AM
CHAIR STOLTZE referenced an email from Mr. Schulte that
referenced the word "salt" found in the initiative.
CHAIR STOLTZE introduced Dr. Butler.
9:05:31 AM
JAY BUTLER, MD, Chief Medical Officer, Director, Division of
Public Health, Department of Health and Social Services (DHSS),
presented information related to the Marijuana Ballot Measure.
He said he would provide an overview of the short-term and long-
term effects of recreational marijuana, what has been learned
from Colorado, the effects on health of legalizing marijuana,
and the developing of policy and regulation.
Dr. Butler began with the short-term effects of marijuana use on
health: impaired short-term memory, temporary loss of
coordination, an increase in motor vehicle accident risk when
driving soon after using, Tetrahydrocannabinol (THC) blood
levels of 2 to 5 nanograms per milliliter (ng/ml) associated
with impaired driving skills, and altered judgment. At high
doses, stimulation can consist of agitation, paranoia, and
psychosis and can be followed by sedation, which can lead to
respiratory insufficiency in children. There is no specific
antidote for marijuana toxicity.
9:08:31 AM
DR. BUTLER addressed long-term effects of Marijuana use on
health: risk of addiction - one in ten who use marijuana will
become addicted, and the risk increases with earlier age of
initiation and daily use (25 percent to 50 percent). Cannabis
withdrawal syndrome includes craving, irritability, sleep
difficulties, anxiety, and depression. Regular use during
adolescence is associated with altered brain development, poorer
educational outcome, cognitive impairment, lower IQ score, and
diminished life satisfaction. He noted that association does not
prove causation of dissatisfaction.
DR. BUTLER continued with additional long-term effects of
Marijuana use on health: association with use of other
substances, psychiatric symptoms associated with anxiety and
depression, and unmasking of schizophrenia (genetic
predisposition), as well as increased symptoms of chronic
bronchitis in persons who regularly smoke marijuana.
9:11:24 AM
DR. BUTLER addressed the effects on the health system learned
from his experience in Colorado: increased admissions to burn
centers because of butane use as a solvent to extract THC,
cyclic vomiting syndrome/marijuana hyperemesis syndrome
associated with frequent use of high THC products and abdominal
pain, sweating, severe vomiting. There was also THC intoxication
from edible products - 10 mg to 30 mg THC for intoxication - and
THC blood levels begin to rise about 30 minutes after
consumption, peak at about 3 hours, and are clear about 12 hours
after ingestion.
9:14:29 AM
DR. BUTLER showed a table that depicts the effect on the health
care system for children under 12 years old in Denver from 2005
to 2011. It listed the number of emergency department visits for
ingestions of marijuana before and after the liberalization of
medical marijuana in 2009 and recreational use legalization in
2012.
DR. BUTLER addressed many caveats and poorly understood issues
related to marijuana: association does not prove causation,
health effects may take years to manifest, effects of prenatal
exposure on brain development, cancer risk - confounded by high
rates of concurrent tobacco use, risk of heart attack and
stroke, opportunities for effective public health education to
reduce the health risks, second hand marijuana smoke exposure,
e-cigarettes (vaping), and the "re-normalization" of smoking.
9:18:35 AM
DR. BUTLER commented on the health effects of legalization. He
said very little is known, and the health effects depend on the
prevalence of use and age-specific prevalence of use, the
frequency and duration of use, the modalities of use, and the
regulation, taxation, and market forces.
9:21:13 AM
DR. BUTLER discussed what the legalization of marijuana means
for writing policy. There is a need for clearly defined
terminology and a discussion about the packaging of edibles in
order to prevent children from considering them as treats.
Labeling of products will be important, too.
He said the regulation of marketing and advertising will have a
direct impact on use. The types of sales venues, such as liquor
stores and state fairs, will have to be defined under the
definition of a public place. There should be an attempt to
harmonize marijuana regulations with those of tobacco use.
Concentrates for vaping need to be considered.
9:24:09 AM
DR. BUTLER summarized that it is a complex topic and emphasized
that there is much that remains unknown about marijuana
legalization. He offered to answer questions.
CHAIR STOLTZE voiced appreciation for Dr. Butler's comments. He
noted this is not a debate about legalization of marijuana, but
the administration's concerns for public health.
DR. BUTLER agreed. The issue is how to have legal marijuana used
in a way that has the least amount of negative effect on health.
CHAIR STOLTZE said he appreciates the information within the
scope of the department's constitutional mandate.
SENATOR HUGGINS noted parallels with tobacco use and asked if
marijuana use could be considered a health risk similar to
cigarettes for the purpose of health insurance coverage.
9:26:18 AM
DR. BUTLER answered that tobacco and alcohol use have been
included by the insurance industry and employers in surveys of
personal habits. He said he has seen surveys that have asked
about marijuana and other drug use, but whether or not marijuana
could be added to an insurance rate survey, he could not say.
SENATOR HUGGINS asked for the number of the high THC content in
marijuana in Alaska.
DR. BUTLER asked if Senator Huggins was referring to the
specific concentration in the marijuana.
SENATOR HUGGINS replied yes.
DR. BUTLER deferred to the producers in Colorado to answer
because there the THC content is increased to 12 percent from a
much lower percentage. He assumed it would be the same in
Alaska.
9:28:45 AM
SENATOR COGHILL asked if there have been peer reviews on smoke
toxins.
DR. BUTLER replied that there has been some analysis about
residual THC content in exhaled marijuana smoke. It is an area
of great interest.
SENATOR COGHILL noted an article regarding THC versus CBD
[cannabidiol], the first being the psycho-active element and the
latter the pain management element. He inquired if the health
benefits of CBD have been valuable.
9:31:06 AM
DR. BUTLER shared his experience regarding medical marijuana in
caring for HIV patients in the early 90's, and with a patient
who had liver disease.
CHAIR STOLTZE asked Dr. Butler to formalize his professional
findings into recommendations for this committee and others, as
well as for the executive branch. He termed it a "team effort"
to put the people's law into effect.
9:34:28 AM
SENATOR WIELECHOWSKI asked if DHSS anticipates having a public
awareness campaign to educate Alaskans on the effects of
marijuana use.
DR. BUTLER answered yes. The department is developing a website
for the public and for providers. He said there is currently not
much available to Alaskans.
9:36:49 AM
JEFF ROGERS, Operations Manager, Division of Administrative
Services, Department of Commerce, Community and Economic
Development (DCCED), presented information related to the
Marijuana Ballot Initiative.
CHAIR STOLTZE asked if DCCED would discuss its role in public
health and safety. He asked for information about the Crime Lab
as testing facility.
9:38:04 AM
ELAINE BUSSE FLOYD, Director, Division of Environmental Health,
Department of Commerce, Community and Economic Development
(DCCED), answered questions related to the Marijuana Ballot
Initiative. She said if a marijuana product is considered to be
a food, DCCED's expertise is in regulating the production,
handling, and sale of it. The Food Safety and Sanitation Program
could regulate most aspects of the processing and handling of
edible marijuana products under the Alaska Food Code.
She pointed out that marijuana and cannabis are now considered
drugs. Implementation of the initiative depends on how marijuana
products are viewed legally. The Alaska Food, Drug, and Cosmetic
Act contains language very similar to the Federal Food, Drug,
and Cosmetic Act and outlines DCCED's authority relative to food
and cosmetics and DHSS's authority relative to the oversight of
drugs and devices.
CHAIR STOLTZE requested a comparison of the Food and Drug
Administration's (FDA) role versus the state's role in this
issue.
MS. BUSSE FLOYD asked for clarification of the question.
CHAIR STOLTZE inquired if the federal government has
capabilities the state does not have and if the state's mission
should be expanded as it relates to marijuana.
9:40:43 AM
MS. BUSSE FLOYD explained that part of the confusion, and what
still has to be determined, are the standards of identity and
composition relative to safe THC consumption levels, and
disclosure of additives that can cause the product to be more
potent. The department receives guidance from the FDA, which
cannot provide the department with any technical expertise or
scientific guidance, or regulatory standards because marijuana
has not been approved as a safe, effective drug.
CHAIR STOLTZE summarized that the department can determine how
the product is processed, but not the consequences of possessing
it.
MS. BUSSE FLOYD agreed.
SENATOR COGHILL asked about the department's capability in
determining THC and CBD levels.
9:42:16 AM
MS. BUSSE FLOYD replied that DCCED has not done any research
into that process because it is uncertain if it has a role at
all, depending on the legislative outcome. She concluded that
the Food Safety and Sanitation Program would probably oversee
basic sanitation and food safety hazards and defer to Commerce
to deal with potency, serving size, and other marijuana-specific
issues. This is similar to how alcohol-related issues are dealt
with.
SENATOR COGHILL thanked Ms. Busse Floyd for the distinction.
CHAIR STOLTZE asked if the department anticipates assistance
from the FDA in the future or if federal law prevents that.
MS. BUSSE FLOYD said assistance from the FDA is not available.
CHAIR STOLTZE asked if it was because of conflicting laws or if
they do not provide assistance.
MS. BUSSE FLOYD said it was both.
SENATOR COGHILL commented that the new U.S. Attorney General-
designee does not support marijuana legalization.
SENATOR WIELECHOWSKI asked if Ms. Busse Floyd has any
legislative changes to recommend at this time.
MS. BUSSE FLOYD answered no.
9:44:32 AM
SENATOR HUGGINS asked if the state should be concerned about
genetically modified marijuana (GMO).
MS. BUSSE FLOYD replied that she has no expertise in the subject
of GMO's.
SENATOR HUGGINS encouraged her to research that subject.
CHAIR STOLTZE noted that the testifiers are constrained in their
answers because they, like others, lack information to about how
to regulate marijuana. There are challenges and uncertainties
related to the initiative.
9:47:00 AM
SENATOR COGHILL agreed. He said they are waiting for the
regulations to be written.
CHAIR STOLTZE called for the Executive Branch to be a forceful
partner in developing regulations.
SENATOR MCGUIRE agreed.
MS. BUSSE FLOYD emphasized that the Food Safety and Sanitation
Program is well-prepared to handle the sanitation aspects of the
potential food product.
CHAIR STOLTZE agreed that they do that job well.
9:50:16 AM
CHAIR STOLTZE addressed the subject of drug testing, including
current law and expectations of employers.
RACHAEL PETRO, President/CEO, Alaska State Chamber of Commerce,
Anchorage, Alaska, presented information on the Marijuana Ballot
Initiative. She pointed out that the Alaska State Chamber of
Commerce opposed Ballot Measure 2 due to the uncertainty and
lack of clarity. She said it comes down to workforce safety,
readiness, productivity, and the risks to workers and employers.
She stated that the business community needs certainty as this
legislation proceeds. She suggested looking to other states for
guidance and have good practices in place initially, rather than
rushing into compliance.
SENATOR MCGUIRE thanked Ms. Petro. She noted supporters'
statements that legalization does not interfere with business's
right to retain a zero tolerance policy for drugs in the
workplace. She said both the Judiciary Committee and this
committee are trying to determine the legislature's role. She
inquired where Ms. Petro would like to see the legislature
clarify workplace zero tolerance use of marijuana. She requested
examples of how Washington and Colorado have dealt with this
issue.
9:55:54 AM
MS. PETRO said she is not an expert and supports the
legislature's due diligence. She said she would be happy to
contact counterparts in those states to seek more information.
She added that she is encouraging the business community to
become familiar with enforcing a zero tolerance policy. She
reiterated the importance of getting regulations right the first
time.
CHAIR STOLTZE noted the legislature's intention to not interfere
with the rights of public safety. He thought that workplace
requirements would remain in place.
9:57:57 AM
MS. PETRO specified testing concerns.
SENATOR MCGUIRE agreed that testing technology is not up to
date. The Department of Public Safety has said that currently
there is no road-side test for marijuana impairment. She
requested Ms. Petro forward to the committees any information
she comes across related to testing and workplace rights.
MS. PETRO noted that many employers already have a zero-
tolerance policy in place due to federal mandates.
10:01:55 AM
JOEY CRUM, President/CEO, Northern Industrial Training, and
Executive Board Member, Alaska Trucking Association, presented
information related to the Marijuana Ballot Initiative. He
echoed Ms. Petro's comments about federal mandates. All
employees under the federal Motor Safety Carrier Act are under
federal mandates that, regardless of state initiatives, the U.S.
Department of Transportation's (USDOT) Drug and Alcohol Testing
does not authorize the use of Schedule I drugs, including
marijuana, for any reason. He said the trucking industry is
already a zero tolerance industry. He said concerns that in an
industry with a growing shortage of skilled workers, labeling
and accidental consumption are very detrimental to the industry.
He gave an example of random drug testing requirements and costs
to the industry as a result of accidental consumption.
10:05:38 AM
MR. CRUM explained that Northern Industrial Training is part of
a data network required by oil producers that includes a zero
tolerance drug testing program. He voiced concern about Ballot
Measure 2 resulting in a shrinking employee pool. He hoped there
would be a public education campaign and predictable and certain
laws regarding advertising, packaging, and sales.
10:07:11 AM
SENATOR COGHILL questioned the levels of THC and CBD in the zero
tolerance drug policy.
MR. CRUM explained that the test is a USDOT-sanctioned panel
test that includes specific drug levels.
SENATOR COGHILL asked if it is a federal or state requirement.
MR. CRUM said it is a federal requirement.
SENATOR COGHILL said the state should be aware of it.
SENATOR WIELECHOWSKI asked what type of test is used and the
levels of THC and CBD allowed.
MR. CRUM answered that the test is a urine test and he offered
to find out the levels allowed.
SENATOR COGHILL added the he would like that information as
well.
10:09:30 AM
CHAIR STOLTZE remarked about similar standards of the AFL-CIO.
He pointed out that it is not the Legislature's job to make
statutory changes, but to educate the public.
10:11:20 AM
SENATOR WIELECHOWSKI noted previous testimony about marijuana
staying in a person's system for months. He said it will be
important for people to understand the federal mandates
surrounding drug testing. He agreed that educating Alaskans is
very important.
SENATOR COGHILL pointed out that there will be a state/federal
conflict in the laws regarding the use of marijuana.
10:13:01 AM
CHAIR STOLTZE commented that public testimony will be held and
is a critical part of the process. The committee is tending to
the deliberate process of invited testimony now. He welcomed
testimony of experts.
10:15:15 AM
SENATOR COGHILL commented that the Coalition for Responsible
Cannabis Legislation provided a white paper that answers
questions. He voiced appreciation for the information.
CHAIR STOLTZE noted the committee's intent regarding a proposed
bill.
10:16:28 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee hearing at 10:16 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| DH&SS - Presentation to (S)STA - Marijuana and Health Jan 27 2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| DCCED-ABC Presentation to (S)STA - Marijuana Implementation Jan 27 2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| DMVA - Marijuana and the Military - Jan 28 2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| AGC - Letter on Substance Use Policies in the Workplace 1-27-2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| CRCL - White Paper - Jan 28 2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| CRCL Email - Use of the Word Salt - Jan 27 2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| DHHS - Epidimiology Bulletin No.24 - Dec 23 2014.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |
| Northern Industrial Training - Committee Follow-Up - DOT Drug Compliance Policy - 1.29.2015.pdf |
SSTA 1/29/2015 9:00:00 AM |
Marijuana |