HB 253 - CATHINONE BATH SALTS [Contains brief mention of SB 140, the Senate companion bill, and testimony from staff of one of its joint prime sponsors.] 1:03:44 PM CHAIR GATTO announced that the first order of business would be HOUSE BILL NO. 253. "An Act classifying certain substances as schedule IIA controlled substances; and providing for an effective date." [Included in members' packets was a proposed committee substitute (CS) for HB 253, Version 27-LS1131\M, Luckhaupt, 2/3/12.] 1:03:57 PM REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, speaking as one of HB 253's joint prime sponsors, mentioned that [the synthetic cathinones which HB 253 is proposing to add to Alaska's list of schedule IIA controlled substances] are sometimes referred to as bath salts, relayed that there are very severe consequences associated with their use as mind-altering substances, and indicated that there is a Senate companion bill. CHAIR GATTO noted that that Senate companion bill is SB 140, sponsored [jointly by Senators Meyer, Geisel, and Olson]. 1:07:03 PM REPRESENTATIVE THOMPSON moved to adopt the proposed committee substitute (CS) for HB 253, Version 27-LS1131\M, Luckhaupt, 2/3/12, as the working document. REPRESENTATIVE GRUENBERG objected for the purpose of discussion. 1:08:25 PM CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State Legislature, on behalf of Senator Meyer, one of the joint prime sponsors of SB 140, the Senate companion bill, explained that the drafter had noticed that one of the compounds which HB 253 is proposing to add to the list of schedule IIA controlled substances was already included in Alaska's list of schedule IA controlled substances, and so Version M makes conforming changes - deleting that compound from the list of schedule IA controlled substances via Section 2, and providing [a more chemically- descriptive] reference to that compound in Section 1's proposed AS 11.71.150(e)(12). The supervisor of Alaska's Scientific Crime Detection Laboratory, she relayed, has confirmed that it's the same compound [regardless that the various references to that compound are worded differently]. Moving that compound as Version M is proposing to do makes sense given that the list of schedule IA controlled substances addresses opiates, whereas the list of schedule IIA controlled substances would [with passage of the bill] address other cathinones. REPRESENTATIVE GRUENBERG removed his objection to the motion to adopt Version M as the working document. CHAIR GATTO relayed that Version M was before the committee. 1:14:32 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), in response to questions, concurred that Version M's reference to that compound - sometimes called methcathinone - is more complete, and that that compound is being moved to the list of schedule IIA controlled substances because it's chemically similar to the other cathinones being added by the bill and to [other schedule IIA controlled substances - such as] methamphetamine; and explained that in Alaska, controlled substances are categorized according to the level of danger they pose or might pose to the public as determined by the legislature, with schedule IA containing what the legislature considers to be the most dangerous of substances. Moving the aforementioned compound as Version M is proposing to do will have an impact for purposes of sentencing, she surmised, because which of the various controlled-substance crimes and their penalties might apply in any given case is dependent upon which schedule a particular drug/compound is listed under [and on the amount and behavior/activities involved]. REPRESENTATIVE HOLMES surmised that the question before the committee is which schedule of controlled substances should the compounds referenced in the bill be added to. 1:19:22 PM ORIN DYM, Forensic Laboratory Supervisor, Scientific Crime Detection Laboratory ("Crime Lab"), Office of the Commissioner, Department of Public Safety (DPS), in response to questions, relayed that methcathinone was first developed around 1957 as an appetite-suppressant weight-loss drug, but was "pulled" due to its adverse side effects; that methcathinone can be thought of as methamphetamine because chemically they are extremely closely-related materials that can be easily manipulated to form new compounds/drugs, and they have similar effects on a person; and that Version M provides for a very thorough list of known [cathinones]. REPRESENTATIVE LYNN asked whether the presence of cathinones in someone's system can be detected via chemical testing. MR. DYM - mentioning that such biological samples are sent outside the state for analysis - said that currently there are protocols for detecting methcathinone, cathinone, and methylenedioxypyrovalerone, and that technology, though perhaps a bit behind, is advancing in terms of being able to test for the other compounds. For purposes of possession crimes, however, the Crime Lab is able to identify the substances themselves in their bulk form. 1:26:24 PM RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment, Division of Alaska State Troopers, Department of Public Safety (DPS), in response to questions, explained that when law enforcement officers suspect that a person is under the influence of an intoxicating substance, the standard protocol is to conduct a series of field sobriety tests, and if the person fails those, and interviews with the person indicate that he/she is under the influence of something, then law enforcement officers can make an arrest and obtain a search warrant for a [biological] sample to send off for testing. Furthermore, some law enforcement officers qualify as being what he termed, "drug- recognition experts," who could be brought in, in certain situations, and law enforcement officers in the Matanuska- Susitna (Mat-Su) valley, for example, have recently been experiencing quite a few incidents involving cathinone abuse, and so now have more experience in identifying people under the influence of such compounds; the effects on a person are like those of methamphetamine but far more pronounced: more paranoia, more delusions, more hallucinations, et cetera. However, because it is often the case that someone stopped for impaired driving will be under the influence of multiple intoxicating substances, law enforcement officers simply look for general signs of impairment, rather than trying to determine what particular substance the driver's behavior could be attributed to. In conclusion, he predicted that with cooperation from the Crime Lab, law enforcement officers are going to be able to address many of the issues related to enforcement. REPRESENTATIVE STOLTZE mentioned that when samples are sent outside for analysis, it is simply because doing so is much less expensive than conducting such analyses in house. CHAIR GATTO posited that the specificity of Version M's list of cathinones will make it difficult for people to subvert the law simply by changing the chemical composition of a particular cathinone. 1:31:37 PM MICHAEL COOPER, M.D., Deputy State Epidemiologist, Section of Epidemiology, Division of Public Health, Department of Health and Social Services (DHSS), explained that synthetic cathinones are the active compounds found in pre-packaged powders - usually made overseas, and found in local stores and over the Internet - that are deceptively labeled as bath salts or plant food or pond-water cleaner, and, in order to avoid regulation, usually state on the packaging that the product is not for human consumption. One study, he relayed, found that intravenous use is the most common form of consumption, though snorting, smoking, and rectal administration are pretty common as well. Cathinone, derived from an East African shrub called Khat, is included in the federal list of schedule I controlled substances, and is easily altered to avoid regulation. Cathinones are essentially like methamphetamines, increasing certain neurotransmitter levels in the brain, creating an adrenaline rush and a sense of euphoria, and increasing arousal and alertness; their effects are very similar to those of amphetamines, cocaine, and ecstasy; and they are often called fake cocaine or legal cocaine. However, in addition to the "desired" effects, he relayed, there is a host of unpredictable, dangerous, and undesirable effects, including agitation, aggression, hallucinations, paranoia, and seizures. There are also widespread reports across the country attributing violent crimes, suicides, homicides, and other bizarre behavior to the use of cathinones. DR. COOPER said that according to his limited research, most experts are classifying the abuse of "bath salts" as being more dangerous than the abuse of synthetic cannabinoids, though both are dangerous. The typical patient under the influence of cathinone can be agitated, aggressive, require substantial restraints, hallucinate, exhibit bizarre behavior, have elevated heart rate, blood pressure, and temperature, and can be a real danger to himself/herself and everyone else around. Furthermore, a recent article in a medical journal indicates that another side effect of cathinone use is a life-threatening skin infection - a necrotizing fasciitis - at injection sites; in one case, amputation of the arm and a mastectomy were required to address just such an infection. 1:35:45 PM DR. COOPER - confirming that chemical testing of biological samples for the presence of cathinones is currently done at an outside laboratory - indicated that although the science behind such testing is rapidly evolving, there are still a lot of unknowns about it, and, in each individual case, also about other things such as which particular compound was taken, how much was taken, and how long after dosing might testing still reveal a compound's presence. There is no antidote or specific treatment for someone suffering the effects of cathinones. Such a person can be monitored, though, and any observed secondary side effects can be treated. Usually the effects of cathinone use are short-lived - lasting anywhere between four to eight hours - but there have also been reports of very long-term psychiatric side effects occurring. After their initial development, cathinone compounds fell out of favor because of their high abuse and addiction potentials, but they've recently become popular as mind-altering substances. For example, in 2010, poison control centers received only about 300 calls related to cathinone use, whereas in 2011, they received over 6,000 such calls. DR. COOPER said that as a result of cathinones' widespread use and increasing popularity, their addictive potential, and an increase in the number of reports of crimes related to cathinone use, "about over" 30 states thus far have enacted legislation banning the sale and possession of certain synthetic cathinones, with a couple of those states having specifically addressed in their legislation the issue of potential future variations. Furthermore, the federal Drug Enforcement Agency (DEA) has used its authority to temporarily [ban] certain synthetic cathinones while it formulates a long-term policy. Synthetic cathinones are being used in Alaska, he assured the committee, adding that the Section of Epidemiology has published a bulletin documenting case reports of patients under the influence of cathinones, and he's heard from his colleagues working in Alaska's clinics and emergency rooms that they've also been encountering people under the influence of cathinones, and thus far this year, Alaska's poison control center has received 15 calls related to cathinone use. DR. COOPER, in conclusion, said that the Division of Public Health considers the abuse of synthetic cathinones to be a growing problem [because] such products are poorly regulated, are widely available, may contain a variety of chemicals, are hard to detect, are psychoactive, and, by all accounts, are gaining in popularity. 1:40:02 PM QUINLAN STEINER, Director, Central Office, Public Defender Agency (PDA), Department of Administration (DOA), reminded members that which schedule a particular controlled substance is placed under has a fairly significant impact on the PDA [because its workload is dependent upon whether a particular case involves a felony crime or a misdemeanor crime]. If, for example, a particular drug is listed as a schedule IIA controlled substance, then possessing only a small amount [might] be a felony, whereas if that same drug is instead listed as a schedule IIIA controlled substance, then possessing only a small amount [might instead] be a misdemeanor, and the difference between a felony and a misdemeanor is fairly significant in terms of penalties for the perpetrator and case- processing costs. MS. CARPENETI - providing just a few examples of particular behavior that could constitute particular controlled-substance crimes, [and thereby indicating that which crime and subsequent penalty might be charged and applied in any given case depends upon the type and amount of drug/compound involved, and the behavior/activities involved] - relayed that for the crimes of misconduct involving a controlled substance, a first degree crime is an unclassified felony under AS 11.71.010; a second degree crime is a class A felony under AS 11.71.020; a third degree crime is a class B felony under AS 11.71.030; [a fourth degree crime is a class C felony under AS 11.71.040;] a fifth degree crime is a class A misdemeanor under AS 11.71.050; and a sixth degree crime is a class B misdemeanor under AS 11.71.060. In response to a question, she noted that both methamphetamine and cocaine [which have effects similar to those of the cathinones listed in HB 253] are currently listed as schedule IIA controlled substances. 1:44:55 PM RICHARD ALLEN, Director, Anchorage Office, Office of Public Advocacy (OPA), Department of Administration (DOA), said he would echo Mr. Steiner's comments, indicating that those comments were also pertinent with regard to the OPA. Regardless that everyone might agree that cathinones should be outlawed and shouldn't be available for legal sale in stores, as they currently are, the more often that drugs/compounds get added to the more dangerous controlled-substances' schedules, the longer the sentences become for possession of even just small amounts, which in turn increases incarceration costs. He opined, though, that importing or distributing large quantities of cathinones ought to be a high-level felony crime. CHAIR GATTO, after ascertaining that no one else wished testify, closed public testimony on HB 253. REPRESENTATIVE HOLMES characterized the bill's proposed placement of the enumerated cathinones into Alaska's list of schedule IIA controlled substances as appropriate - cathinones are dangerous drugs and should be treated that way. REPRESENTATIVE GRUENBERG expressed appreciation for the bill. REPRESENTATIVE THOMPSON surmised that there would be more such legislation in the future as manufacturers continue to develop new compounds. 1:51:59 PM REPRESENTATIVE THOMPSON moved to report the proposed CS for HB 253, Version 27-LS1131\M, Luckhaupt, 2/3/12, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 253(JUD) was reported from the House Judiciary Standing Committee.