Legislature(2011 - 2012)CAPITOL 120
02/04/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Department of Corrections | |
| HB7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 7 | TELECONFERENCED | |
HB 7 - SYNTHETIC CANNABINOIDS AS SCHEDULE IIA
1:51:58 PM
VICE CHAIR THOMPSON announced that the final order of business
would be HOUSE BILL NO. 7, "An Act classifying certain synthetic
cannabinoids as schedule IIA controlled substances; and
providing for an effective date."
1:52:22 PM
REPRESENTATIVE CATHY MUNOZ, Alaska State Legislature, speaking
as one of HB 7's joint prime sponsors, explained that the bill
would classify certain synthetic cannabinoids as schedule IIA
controlled substances, which include materials, compounds, and
mixtures that contain hallucinogenic substances. The issue of
synthetic cannabinoids was first brought to her attention, she
relayed, by a constituent whose son experienced severe adverse
reactions when he first experimented with a substance containing
synthetic cannabinoids. Within moments of inhaling the
substance, commonly referred to as "K2" or "Spice," he began
vomiting, lost his sense of reality and his ability to walk or
talk, and had violent outbursts. She then read from a letter
he'd since written, which in part read [original punctuation
provided]:
... I lost control of my legs that I couldn't walk at
all. I couldn't talk. I could hear what I thought
and what I wanted to say, but all I was spitting out
was gibberish. This went on for what felt like many
hours. I can remember thinking to myself that I
wasn't actually going come out of this craziness and
this might be how I end up dying! I remember telling
my brother to call 911 and remember going into the
ambulance and ending up in the hospital ....
REPRESENTATIVE MUNOZ relayed that she's since heard similar
stories from around Alaska and other parts of the country, and
offered her understanding that to date, nine other states have
successfully enacted laws banning synthetic cannabinoids - which
have only just recently been marketed in the U.S - and that many
countries in Europe have already taken steps to ban them,
including Germany, Sweden, Russia, and England. Synthetic
cannabinoids are primarily made in China and Europe; are
commonly marketed as incense after being mixed with [a leafy
substance]; are readily available over the Internet and in local
stores; and can produce reactions similar to those of
[tetrahydrocannabinol (THC), the active ingredient in
marijuana], but can also produce severely adverse reactions such
as hallucinations, nausea, vomiting, agitation, and panic
attacks. In conclusion, she indicated that there were folks
available to speak in support of HB 7.
1:55:44 PM
KENDRA KLOSTER, Staff, Representative Cathy Munoz, Alaska State
Legislature, speaking on behalf of Representative Munoz, one of
the bill's joint prime sponsors, explained that HB 7 would add
10 specific compounds to AS 11.71.150(b) - the list of schedule
IIA controlled substances; these are the compounds that the U.S.
Drug Enforcement Administration (DEA) and other states have thus
far come across. In response to comments and questions about a
different synthetic compound being labeled as "bath salts" but
being used as a drug, she indicated that further research would
be warranted before including such a compound in HB 7.
REPRESENTATIVE HOLMES asked what the rationale was for proposing
to add synthetic cannabinoids to the list of schedule IIA
controlled substances rather than to one of the other schedules.
MS. KLOSTER explained that both the DEA - [which has temporarily
banned] five of the compounds listed in HB 7 - and the majority
of the other states that have enacted legislation to ban
synthetic cannabinoids have included them in their schedule I
controlled substances lists, which are similar to Alaska's
schedule IIA controlled substances list; Alaska's list of
schedule IIA controlled substances and those other states' lists
of schedule I controlled substances include other hallucinogenic
drugs.
REPRESENTATIVE HOLMES offered her understanding that while some
consider synthetic cannabinoids to be like other hallucinogens,
others consider them to be more like marijuana, and therefore
she is questioning which schedule would be the most appropriate
to list them under.
MS. KLOSTER acknowledged that other types of synthetic
marijuana, as well as THC itself - again, the active ingredient
in marijuana - are listed as schedule IIIA controlled
substances, and mentioned that she has spoken with the drafter
about instead adding the synthetic cannabinoids named in the
bill to the list of schedule IIIA controlled substances, if
that's what the committee would prefer.
REPRESENTATIVE GRUENBERG observed that according to information
from the National Conference of State Legislatures included in
members' packets, some states provide the same penalties for
crimes involving synthetic cannabinoids as for crimes involving
marijuana. In contrast, HB 7 would provide for stronger
penalties.
2:04:13 PM
MS. KLOSTER pointed out that Alaska simply schedules its drugs
differently. For example, in Alaska, marijuana itself is not
considered to be very dangerous and so is listed as a schedule
VIA controlled substance, whereas research indicates that the
synthetic cannabinoids listed in HB 7 behave more like
hallucinogens - schedule IIA controlled substances - and are
thus more harmful to people; no one has died from using
marijuana, but some have died from using synthetic cannabinoids.
She again indicated that listing such compounds as schedule IIIA
controlled substances, instead, would be an option, if that's
the committee's preference; again, other types of synthetic
marijuana are already listed as schedule IIIA controlled
substances. In response to a question, she offered her
understanding that possession of a schedule IIA controlled
substance would be a class C felony, whereas possession of a
schedule IIIA controlled substance would be a class A
misdemeanor; she agreed to research whether any other states
have made possessing synthetic cannabinoids a felony.
2:06:47 PM
ROBERT URATA, M.D., Valley Medical Care, in response to a
question, relayed that he'd attended a person who'd used a
synthetic cannabinoid; he elaborated:
The gentleman presented in quite a bit of distress.
... He was disoriented, hallucinating, and his blood
pressure was extremely high - 180 over 105. His pulse
rate was 139 when he arrived, and [he] looked very
much like he was having some sort of toxic reaction to
something, and we couldn't ... get a history from him,
but his friends were there to give us the history of
ingestion with this new drug ... [that was]
surprisingly easily-available to him - I think it was
purchased at a [local] store or something like that.
So I thought that that was quite a dangerous thing.
We actually admitted him overnight, gave him
[intravenous (IV)] fluids, [but] we didn't have to
give him any medications. We were advised by poison
control ... that this should just settle down after
close observation - which we did, we put him in the
intensive care unit - and the next day he was able to
go home. And he was alert, oriented, [but] did not
recall all of the things except that he had a very
scary experience and he was never going to do it
again.
DR. URATA, in conclusion, opined that the committee should pass
HB 7. In response to questions, he offered his understanding
that synthetic cannabinoids have not been approved by the U.S.
Food and Drug Administration (FDA), and that the person had only
smoked a pipe full of the synthetic cannabinoid through some
sort of pipe; and said that the person did not appear to be
suffering from an allergic reaction to the synthetic
cannabinoid, and that the effects on the person were similar to
those of cocaine or a "bad trip" on lysergic acid diethylamide
(LSD).
2:11:38 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,
explained that the Crime Lab would be responsible for performing
all of the analyses pertaining to the compounds listed in HB 7;
that he's provided the DOL with language regarding these
compounds; that this language is meant to encompass possible
future variations in the chemical composition of these types of
synthetic cannabinoids; that the [DEA has temporarily banned
some] synthetic cannabinoids; that the synthetic compound being
labeled as "bath salts" but being used as a drug is more closely
related, structurally, to an amphetamine; that analyses
pertaining to the compounds listed in the bill would be
conducted using the Crime Lab's standard methodology, though a
specific method has not yet been validated in Alaska; that it
could be a challenge to prove to a court that a particular
compound is one of the synthetic cannabinoids listed in the bill
to the exclusion of all other compounds; and that the DPS's
fiscal note reflects the addition of a new position to address
the anticipated increase in the Crime Lab's workload, as well as
the startup and ongoing costs associated with that new position,
which would be capable of analyzing up to 40 requests per month.
2:24:06 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), explained
that usually the way a particular drug is scheduled in Alaska is
that the federal government schedules that drug first under its
schedules, and then, as required by Alaska statute, the governor
introduces legislation to add that drug to Alaska's schedules,
and then there are further statutory guidelines that must be
followed with regard to which schedule that drug should be
listed under. In the case of synthetic cannabinoids, however,
the federal government hasn't scheduled them yet [having only
temporarily banned them while it conducts more research
regarding their potential dangers]. So at this point, she
relayed, the DOL doesn't know enough about the dangers of
synthetic cannabinoids to adequately address the issue of proper
scheduling, and would therefore prefer that the bill include
legislative findings of fact regarding the extent of the abuse
and the dangers posed; such findings would also be helpful to
the DOL for prosecution purposes as well as for defending the
legislation should it be challenged. She indicated that the DOL
would be happy to work with the [joint prime sponsors] in
drafting those legislative findings.
MS. CARPENETI concurred that Mr. Dym has provided the DOL with
language containing a more generic description of the synthetic
cannabinoids listed in the bill such that possible future
variations in the chemical composition of these compounds would
still be covered, thereby precluding the need for future
statutory revisions. In conclusion, she reiterated the DOL's
preference that HB 7 include legislative findings of fact. In
response to questions, she observed that should HB 7 become law,
prosecutions would fall to the state alone because the federal
government has yet to schedule these types of synthetic
cannabinoids; that she would research what possible effect any
future prosecutions by the federal government might have on the
aforementioned anticipated increase in the Crime Lab's workload;
and, referring to the legislative findings of fact included in
legislation passed in 2006 regarding marijuana, reiterated that
it would be helpful - for purposes of prosecution, defending
against a challenge, and proper scheduling - for HB 7 to include
legislative findings of fact regarding the extent of the abuse
and the dangers posed by these synthetic cannabinoids compared
to other drugs, including marijuana.
REPRESENTATIVE GRUENBERG requested that the language provided to
the DOL by Mr. Dym be distributed to the drafter.
REPRESENTATIVE PRUITT asked whether law enforcement has come
across any instances wherein someone under the influence of [one
of the synthetic cannabinoids listed in the bill] committed a
crime but couldn't be prosecuted to the full extent of the law
because those compounds had not yet been made illegal.
2:37:48 PM
RANDAHL HAHN, Captain, Commander, Alaska Bureau of
Investigations (ABI), Division of Alaska State Troopers,
Department of Public Safety (DPS), indicated that [the DPS] has
come across such instances wherein the person was only charged
with the "core" crime but not with possession/consumption of a
synthetic cannabinoid. He added, though, that because the
compounds listed in the bill are not yet illegal, [the DPS] has
only anecdotal information and is unable to provide the
committee with the type of statistical data that it would
normally provide with regard to controlled substances.
REPRESENTATIVE GRUENBERG expressed interest in hearing about the
experiences of law enforcement in other states, and about
whether there were any other substances that the administration
thinks should be added to HB 7.
REPRESENTATIVE HOLMES asked Captain Hahn how the synthetic
cannabinoids listed in the bill manifest in those who use them,
and how dangerous he feels these compounds to be.
CAPTAIN HAHN indicated that law enforcement officers have found
that the reactions and behaviors of individuals using a
variation of one of the compounds listed in the bill more
closely resemble the reactions and behaviors of someone under
the influence of LSD or cocaine, rather than those of someone
under the influence of marijuana; generally speaking, these
individuals indicated they were having hallucinations, they were
much more aggressive and violent, and they had more significant
blackout periods.
2:41:16 PM
ELIZABETH RIPLEY, Executive Director, Mat-Su Health Foundation;
Chair, Mat-Su Substance Abuse Prevention Coalition, indicated
that [her organizations] are concerned about the synthetic
cannabinoids listed in the bill - such compounds can be harmful
and even deadly, even when used for the first time - and that
[her organizations] support passage of HB 7, and advocate the
use of public policy to curtail the availability and use of
these drugs. She also provided comments regarding alcohol and
marijuana abuse. In response to a question, she agreed to
provide the committee with information regarding how many
businesses in Palmer and Wasilla sell synthetic cannabinoids
such as those listed in the bill.
2:46:53 PM
J. KATE BURKHART, Executive Director, Advisory Board on
Alcoholism and Drug Abuse (ABADA), Department of Health and
Social Services (DHSS), after stating that she would only be
speaking on behalf of the ABADA and not on behalf of the DHSS,
indicated that the ABADA supports the regulation of the
synthetic cannabinoids listed in the bill given the significant
health consequences these compounds pose to people who use them.
Although the DEA has temporarily banned possession of [five of
the compounds listed in HB 7] so as to investigate the issue of
proper scheduling, the ABADA's position, she relayed, is that
the state cannot rely upon the federal government to [schedule
those compounds at all, or to schedule them] as quickly as would
be desirable. [House Bill 7 represents] an opportunity for
Alaska to protect its citizens from a significant health hazard,
and to take the lead, over the federal government, on this
issue, particularly given how popular these compounds have
become even though they've only recently entered the
marketplace, and given that those who use them are presenting
with serious health consequences that could lead to death. She
also provided comments regarding other hallucinogenic substances
that perhaps should be regulated as well, such as Salvia
Divinorum [and Salvinorin A (Divinorin A)].
2:54:57 PM
DENNIS A. WHEELER, Municipal Attorney, Department of Law,
Municipality of Anchorage (MOA), relayed that after studying the
issue of synthetic cannabinoids through the use of a state
grant, the MOA passed an ordinance banning them back in December
2010. Although such compounds have only been temporarily banned
by the DEA, he offered his understanding that it's considering
listing them as schedule I controlled substances, and therefore
the MOA supports bills such as HB 7 [in its current form],
particularly given that the potency range of these types of
synthetic cannabinoids is anywhere from 10-800 greater than
marijuana. In fact, at least one person in Anchorage has died
[as a result of using such a compound] - he went into a coma and
never recovered - and there have been some significant motor
vehicle accidents resulting from people driving while under the
influence of these types of synthetic cannabinoids, including
one person who smashed into some concrete barricades and then
described some very strange [hallucinations] to the responding
officer. He relayed that a couple of MOA personnel have been
making presentations to Department of Corrections (DOC) staff,
military officials, and others about these compounds and their
dangers, and indicated that someone from the MOA would probably
be available to present this information to the committee during
the bill's next hearing. In response to comments and a request,
he agreed to also provide the information in writing.
VICE CHAIR THOMPSON announced that public testimony would remain
open, and that HB 7 would be held over.