HB 79-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES  2:18:47 PM VICE CHAIR KELLER announced that the final order of business would be HOUSE BILL NO. 79 "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." 2:19:02 PM PAMELA VAN HOUTEN suggested that public cafes for consumption of marijuana could have darkening windows, high window above seven feet, or in rooms where there are no windows, out of view of the public. She stated when the [initiative] was passed, the U.S. Coast Guard advised on the radio that it would prosecute people on marine waters [for consumption of marijuana], and considers it illegal. She opined it is setting up a "huge" area of conflict for the voters who voted for the initiative. To protect the public, tourists, travelers and citizens, not on boats, a public cafe offers a safe location that is open, friendly, and respectable, where people can congregate for public use and consumption. In addition, she stated, bartenders are presently required to monitor patrons at their level of [alcohol] intoxication and, she opined, it could be the café owners' responsibility to monitor people so when the patron leaves the [marijuana café] they are mobile and functioning. She offered that more research should be performed into the café model as they have been successful in Amsterdam and Holland, or they would have been closed down. She would like the state to help to create successful, responsible business models for public distribution and usage. 2:22:44 PM KAREN O'KEEFE, Marijuana Policy Project, stated the current draft is a dramatic improvement over previous drafts in taking marijuana out of controlled substances. With regard to the removal of "Not Withstanding any other Provision of Law" at the beginning each of the protections for both marijuana businesses and adults using marijuana, she opined, is in Alaska statutes in a number of places and the intention of that phrase is to make it crystal clear that these protections enacted by voters trump anything to the contrary. She pointed out that there are many parts of the statutes in Alaska, and possibly something may have inadvertently not have been changed to conform to Measure 2, and that phrase is paramount. If there were a decision that constitutionally makes amendments in future, "except as provided in ...." could be added, and cite a specific [provision]. She stated the project is hopeful the phrase is reinserted and also in keeping Sec. 17.38.020 for adult's protection for possessing, growing and giving marijuana away to others, and that the limits are not reduced in any manner. 2:25:36 PM JOHN FARLEIGH, read a paragraph from the 2/13/15, Anchorage Dispatch Publishing, regarding Colorado's experience [article title unknown]: Colorado has implemented a $700,000,000 marijuana market without any of the dire consequences that legalization upon it is warned about. Fatal car accidents in the state are flat and well below the past decade average and crime is down in Denver and the surrounding area. While some societal effects of marijuana legalization may not make themselves fully known until several years down the line, the first year of legal weed in Colorado went smoothly. MR. FARLEIGH encouraged the committee members to read the entire front page article. He pointed to page 17, Sec. 24. AS 11.71.900 and objected to the drafter deleting the sentence "However, the growing of marijuana for personal use is not manufacturing." He opined there should be a distinction between someone growing for their own use at home and someone manufacturing for sale. With regard to Sec. 45-48, relating to seizure or forfeiture and, he opined, there has been a typo - "bases" should be "basis". Mr. Farleigh then related a personal incident with the state troopers due to being at a residence where unbeknownst to him, his friend was growing marijuana in his crawl space. Mr. Farleigh had $900 in his pocket which was confiscated because the troopers believed he was at the residence to buy marijuana, but he wasn't. He said that he shouted "So, how much money can you have before the police rob you?" The police officer did not answer his question but after a period of time did give back his money. He suggested that there are several aspects to the forfeiture law that need to be addressed as police have been known to abuse that law and seize property "just because they get to keep it." He opined there should be a provision that property seized could in no manner go to the law enforcement agency that seized it. He suggested seizure should be appropriate only when ordered by a judge as part of the sentencing. He expressed it is not fair for the law enforcement officer to be "judge, jury and executioner." VICE CHAIR KELLER related that it sounds like Mr. Farleigh has an appreciation for the task before the House Judiciary Standing Committee, in that regulating marijuana at the same level as alcohol is a tall order. He noted that Mr. Farleigh's input is taken seriously and the committee does not want to create a situation where law enforcement is inappropriate. 2:36:11 PM REPRESENTATIVE GRUENBERG explained that "bases" is the plural of "basis," and is grammatically correct. 2:36:39 PM MR. FARLEIGH referred to possession in the third degree, page 31, line 27, subsection (4) on his draft, and read "knowingly possesses marijuana with an aggregate weight or more than one ounce and less than four ounces ..." He stated that the language does not "line up" with Ravin v. State, 537 P.2d 494 (Alaska 1975), decision allowing four ounces in an individual's home. He stated it should not be possession in the third degree to be consistent with other court rulings. He remarked that when Washington State opened their stores, there was not a legal supply to sell and recommends that licenses for production be issued approximately three months before licensed for sale as that is approximately how long it takes to grow and process the plant. REPRESENTATIVE KELLER recommends Mr. Farleigh check with the Anchorage LIO on Monday for a new CS. 2:38:57 PM GEORGE PIERCE stated that cannabis is not physically addictive, which he noted is not true for tobacco users, heroin, alcohol, and pharmaceutical users. He surmised there is nothing in cannabis programing the brain to crave harder drugs, it does not cause brain damage, and it does suppress violence. Marijuana, he remarked, should be regulated like alcohol and nothing more. He then referred to a study by the U.S. National Highway Safety Administration regarding marijuana and driving performance in which the study concluded that intoxication in drivers does have some effect but unlike alcohol which appears to encourage risky driving, cannabis appears to produce caution in drivers. He surmised that cannabis may provide a safer substitute for alcohol and other harmful drugs. He said that police should not perform blood testing, as they are not doctors, and lawsuits will come. There are too many restrictions in that legislators are trying to punish, yet it is less dangerous than alcohol or harder drugs. He further said legislators are trying to change the referendum "to do how they want, regulate it and don't change it your way. Educate yourselves and stop listening to the people who do not know anything about it." Mr. Pierce stated he disagrees with Senator Wielechowski's statement that "alcohol, heroin, and cocaine have no medicinal purposes," as "they" use all of those for medicinal purposes. Governor Walker, he noted, said that marijuana could be developed by a new marijuana board that shares resources with the Alcoholic Beverage Control Board. 2:43:45 PM MYSTIEK LOCKERY said that a close look should be taken with regard to the forfeiture laws and recommends that for businesses to be prepared for opening it requires four months or longer of growth. Sec 17.38.020, must not be repealed and the legal protections must stay intact. She pointed out that an individual is allowed, under the initiative, to grow six plants including the [harvest] of those plants in a person's home as it would be wrong to make it a crime to grow healthy, well producing plants. She described it as underhanded to attempt to legislate away Ravin. She pointed out that a privately owned business chooses to allow marijuana on its premises, or a business set up to include that purpose should be allowed to do so, she expressed. The smoke of marijuana does not have the same harmful effects as cigarette smoke and it does not pose the same danger to patrons or employees. She said that Dr. Donald P. Tashkin, the lead pulmonologist research scientist for the federal government over 30 years, proved that marijuana does not cause lung cancer and does not lead to chronic obstructive pulmonary disease (COPD). She mentioned that THC and CBD and many other useful compounds of marijuana can be absorbed in several ways and it is important to let people use it in the best manner for them. Whether it is being used medically or recreationally, edibles should in no manner be kept from individuals. She opined it is unreasonable to keep something from adults because you don't want children to have it and mentioned she heard that Cynthia Franklin, director, ABC board, said she would be able to have regulations ready, including edibles, in a timely manner causing no delays. Ms. Lockery remarked it is not THC that stays in the body for 60-90 days, it is leftover residue waiting to leave the body. 2:50:05 PM MARY JANE PETERSON advised she has been an activist for this cause for many years and encouraged the committee to support CSHB 79. She further stated that legislators must not repeal voter enacted legal protections for personal possession, use, and cultivating. 2:50:53 PM REPRESENTATIVE KELLER read Dr. George L. Stewart's 2/13/15 opinion into the record (original punctuation included): HB 79 is Critically Needed ! Marijuana is a toxic substance with known effects on cognitive performance. Its use must be regulated in the same way alcohol is - no driving, flying airplane or other activities which require a high level of cognitive performance. Although use of marijuana is a personal choice, people using it should not put others at risk. Police should be able to arrest those driving under the influence of marijuana, just as they do those driving under the influence of alcohol. HB 79 clarifies the legal issues related to arrests and court procedures resulting from marijuana consumption and is critically needed to protect the safety of non-consumers in Alaska. PLEASE - VOTE YES on HB 79. [HB 79 was held over.] 2:52:10 PM