Legislature(2015 - 2016)BUTROVICH 205
04/18/2015 10:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 75 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 75-MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT
10:12:53 AM
CHAIR MCGUIRE announced the consideration of HB 75. "An Act
relating to the registration of marijuana establishments by
municipalities; relating to the definition of 'marijuana';
clarifying standards for personal use of marijuana by persons 21
years of age or older; prohibiting the public consumption of
marijuana; authorizing the registration of marijuana clubs;
relating to established villages and to local option elections
regarding the operation of marijuana establishments; and
providing for an effective date." She recapped that version R
was adopted during the hearing yesterday and the question of
Amendment 1, labeled 29-LS0345\R.2, was before the committee.
She reopened public testimony and asked Mr. Schulte to offer his
perspective of Amendment 1.
10:13:10 AM
BRUCE SCHULTE, Spokesman, Coalition for Responsible Cannabis
Legislation, said he believes it is reasonable to remove the
references to marijuana clubs, because it doesn't really impact
the commercial industry at this point. He expressed hope that
through the regulatory process the Marijuana Control Board could
better define the operating parameters of marijuana clubs and
other license types by November 2015. This would provide ample
opportunity for review before permit applications start to come
in.
CHAIR MCGUIRE said she expects Mr. Schulte to be part of the
process for years to come as the legislature helps the public
define its relationship to marijuana. She suggested it would be
helpful to the public if he would op-ed clarifying what has
happened during this legislative session.
MR. SCHULTE agreed to carry the message forward once the session
is over.
SENATOR MICCICHE said he's pleased with the work this committee
has done to meet the intent of the voters.
MR. SCHULTE expressed appreciation for the work that legislators
have done.
10:18:26 AM
CHAIR MCGUIRE removed her objection to Amendment 1. Finding no
further objection or discussion, Amendment 1 was adopted.
10:18:46 AM
CHAIR MCGUIRE moved Amendment 2 labeled 29-LS0345\R.6.
AMENDMENT 2
OFFERED IN THE SENATE
TO: SCS CSHB 75(JUD), Draft Version "R"
Page 9, lines 7 - 8:
Delete "use of marijuana authorized under"
Insert "conduct authorized in"
SENATOR COGHILL objected for discussion purposes.
10:18:59 AM
HEATH HILYARD, Staff, Senator Cathy Tilton, explained that
Amendment 2 clarifies the intent that even if an established
village holds a local option election to prohibit commercial
marijuana establishments, that does not preclude any of the
provisions governing the personal use of marijuana in AS
17.38.020.
10:20:16 AM
SENATOR MICCICHE asked if this clarifies the decision in Ravin
v. State of Alaska.
CHAIR MCGUIRE said she believes so.
MR. HILYARD confirmed that this is further clarification of
Ravin.
10:20:52 AM
SENATOR COGHILL removed his objection.
CHAIR MCGUIRE found no further objection and Amendment 2 was
adopted.
10:21:03 AM
CHAIR MCGUIRE motioned to adopt Amendment 3, labeled 29-
LS0345\R.7.
AMENDMENT 3
OFFERED IN THE SENATE
TO: SCS CSHB 75(JUD), Draft Version "R"
Page 3, lines 8 - 10:
Delete all material.
SENATOR COGHILL objected for discussion purposes
10:21:20 AM
MR. HILYARD explained that Amendment 3 deletes reference to a
provision that would have allowed municipalities by ordinance to
establish a household limit lower than 24 marijuana plants.
10:21:57 AM
SENATOR MICCICHE asked if this means he doesn't have offer an
amendment that clarifies that the minimum is six plants per
person.
MR. HILYARD answered that's correct.
CHAIR MCGUIRE asked Mr. Schulte to offer his perspective.
10:22:20 AM
MR. SCHULTE stated support for Amendment 3. It maintains a
consistent message statewide about household plant limits and
clarifies what law enforcement is to do in the event that 2-4
adults live together. He clarified that this does not change the
6 plant per person limit set forth in the initiative.
CHAIR MCGUIRE said this provides another opportunity for the
board to hear concerns about public safety and think about
reasonable types of licenses.
10:25:11 AM
SENATOR COGHILL removed his objection.
CHAIR MCGUIRE found no further objection and Amendment 3 was
adopted.
10:25:31 AM
SENATOR COGHILL motioned to strike Section 1 from the bill.
10:25:46 AM
CHAIR MCGUIRE objected for discussion purposes.
SENATOR COGHILL explained that his primary objection to Section
1 is that marijuana concentrates are included in the definition
of marijuana. This appears to be a significant change from the
initiative.
10:26:43 AM
MR. HILYARD explained that Section 1 comports the definition of
marijuana in Title 11 with the language of the initiative. The
goal was to have a uniform definition of marijuana through the
statute. HB 75 amends the definition in Title 11 rather than
removing the definition as SB 30 does.
SENATOR COGHILL asked the citation in Title 11.
At ease from 10:28:12 am to 10:29:25 am.
10:29:42 AM
MR. HILYARD pointed out that Section 1 amends the definition in
AS 11.71.90(14) to conform to the definition provided in AS
17.38, which also appears in Section 22 on pages 10-11. He
reiterated the explanation provided above.
10:30:24 AM
SENATOR COGHILL withdrew Amendment 4.
SENATOR MICCICHE reviewed the definition in Section 22 and asked
if anybody figured out what "salt" was.
SENATOR COGHILL answered no and that's one of the reasons that
it's being removed.
MR. SCHULTE said his understanding is that the term was included
in the federal prohibition of marijuana. Including it in the
initiative was based on a lack of understanding and he told
Senator Coghill that the coalition would support removing it.
SENATOR MICCICHE indicated satisfaction with the answer.
10:32:36 AM
CHAIR MCGUIRE closed public testimony.
10:32:51 AM
SENATOR COGHILL motioned to report the Senate CS for HB 75 from
committee with individual recommendations and attached fiscal
note(s).
10:33:13 AM
CHAIR MCGUIRE announced that without objection SCS CSHB 75(JUD)
is reported from the Senate Judiciary Standing Committee.
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