Legislature(2015 - 2016)CAPITOL 120
02/11/2015 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB5 | |
| HB79 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 79 | TELECONFERENCED | |
| *+ | HB 5 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 79-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
1:34:21 PM
CHAIR LEDOUX 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."
1:34:39 PM
REPRESENTATIVE KELLER moved proposed committee substitute (CS)
to HB 79, Version 29-LS0409\P, Martin, 2/9/15, as the working
document. There being no objections, the committee substitute
was before the committee.
1:35:56 PM
THOMAS BROWN, Staff, Representative Gabrielle LeDoux, Alaska
State Legislature, advised that [Version P] revises Alaska's
criminal statutes to ensure that the will of the people is
respected by "cleaning up" some of the now-contradictory laws
regarding marijuana. He described the version as large step
toward the goal of marijuana conduct being lawful. Mr. Brown
then paraphrased the following sectional analysis:
LANGUAGE IN UPPERCASE DESCRIBES CHANGES TO THE SECTION
FROM THE PREVIOUS DRAFT
Section 1 - if an aircraft passenger or crew member is
under the influence of marijuana the plane is
forbidden from flying.
Section 2 - defines the prohibition of marijuana-use
as a condition for probation.
NEW SECTION.
Section 3 - re-includes marijuana as a substance which
a person may not be under the influence of and use ski
trails or equipment.
Section 4 - amends the licensing requirement for nurse
practitioners to re-include marijuana abuse as a
condition for denial, suspension or revocation.
Section 5 - removes schedule 6A controlled substances
from the list of agents an optometrist cannot
prescribe.
Section 6 - prohibits pawnbrokers from knowingly
entering into a transaction with someone under the
influence of marijuana.
Section 7 - defines illegal activity involving
marijuana as a reason for abatement of certain places.
Section 8 - re-includes operating a vehicle under the
influence of marijuana as a serious criminal offense.
Section 9 - re-establishes the liability of someone
who commits a felony while under the influence of
marijuana for personal injury or wrongful death.
NEW SECTION.
Section 10 - re-establishes that someone driving a car
not under the influence of marijuana or driving on
behalf of someone reasonably believed to be under the
influence of marijuana cannot be held liable beyond
the limits of their individual insurance policy.
NEW SECTION.
Section 11 - defines marijuana for the previous
section.
NEW SECTION.
Section 12 - re-establishes the liability of someone
driving under the influence of marijuana for personal
injury or wrongful death.
Section 13, 14 - removes schedule 6A controlled
substances from the statutes defining murder in the
second degree and murder of an unborn child.
Section 15, 16 - re-includes marijuana into the
statutes defining weapons misconduct in the third and
fourth degrees.
Section 17, 18 - removes marijuana from crimes of
misconduct with a controlled substance in the third
and fourth degrees.
Section 19-24 - amend the controlled substances
advisory committee substance schedules to conform with
marijuana's new status.
Section 25 - specifies marijuana in the general
provisions definition of intoxication.
Section 26, 27 - allows for the prohibition of
marijuana use as a condition for pre-trial release.
Section 28 - clarifying definitions of marijuana,
accessories and products.
Section 29 - establishes that law enforcement agency
laboratory reports are evidence of the weight of
marijuana.
Section 30, 31 - allows for the prohibition of
marijuana as an authorized sentence or for a term of
probation.
Section 32 - restrains the court from sentencing to
imprisonment defendants not on parole or probation to
be found in violation of statutes now inapplicable.
NEW SECTION. IT IS RECOMMENDED THAT THIS SECTION BE
REPEALED ENTIRELY.
Section 33-36 - clarifies that marijuana can be an
aggravating or mitigating factor in the sentencing of
certain crimes and defines marijuana.
Section 37, 38 - clarifies that synthetic drugs which
resemble marijuana are illegal.
Section 39-41 - eliminates the requirement to defer to
federal substance scheduling standards in the case of
marijuana.
Section 42 - directs HSS to include alcohol and
marijuana in the department's educational programs to
prevent and deter substance abuse.
NEW SECTION.
Section 43, 44 - provides an affirmative defense for
registered caregivers charged with offenses related to
marijuana and states the definition of medical use of
marijuana.
DEFINED STATUTE HAS BEEN CHANGED FROM PREVIOUS
VERSION.
Section 45 - establishes that a person 21 years of age
or older may own, operate, be an agent of or be
employed by a retail marijuana store with a valid
registration and perform all of the related duties and
activities and not be prosecuted for it or have it be
a basis for seizure or forfeiture.
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW" HAS BEEN
DELETED FROM THIS SECTION BECAUSE IT DOES NOT CONFORM
WITH MANY STANDARD DRAFTING CONVENTIONS AND COULD
SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.
Section 46 - establishes that a person 21 years of age
or older may own, operate, be an agent of or be
employed by a marijuana cultivation facility with a
valid registration and perform all of the related
duties and activities and not be prosecuted for it or
have it be a basis for seizure or forfeiture.
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW" HAS BEEN
DELETED FROM THIS SECTION BECAUSE IT DOES NOT CONFORM
WITH MANY STANDARD DRAFTING CONVENTIONS AND COULD
SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.
Section 47 - establishes that a person 21 years of age
or older may own, operate, be an agent of or be
employed by a marijuana product manufacturing facility
with a valid registration and perform all of the
related duties and activities and not be prosecuted
for it or have it be a basis for seizure or
forfeiture.
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW" HAS BEEN
DELETED FROM THIS SECTION BECAUSE IT DOES NOT CONFORM
WITH MANY STANDARD DRAFTING CONVENTIONS AND COULD
SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.
Section 48 - establishes that a person 21 years of age
or older may own, operate, be an agent of or be
employed by a marijuana testing facility with a valid
registration and perform all of the related duties and
activities and not be prosecuted for it or have it be
a basis for seizure or forfeiture.
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW" HAS BEEN
DELETED FROM THIS SECTION BECAUSE IT DOES NOT CONFORM
WITH MANY STANDARD DRAFTING CONVENTIONS AND COULD
SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.
Section 49 - technical changes to initiative language.
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW" HAS BEEN
DELETED FROM THIS SECTION BECAUSE IT DOES NOT CONFORM
WITH MANY STANDARD DRAFTING CONVENTIONS AND COULD
SERVE TO ELIMINATE THE EFFECT OF ANY OTHER LAW.
Section 50 - describes the crime of misconduct
involving marijuana in the first degree and classifies
it as a class A misdemeanor; describes the crime of
misconduct involving marijuana in the second degree
and classifies it as a class B misdemeanor; describes
the crimes of misconduct involving marijuana in the
third and fourth degrees and classifies them as
violations; allows for bail forfeiture for marijuana
related violations; describes offenses defined by
amounts; provides for an affirmative defense for
medical marijuana related offenses; provides
definitions.
REDEFINES POSSESSION TO 4 OZ INSTEAD OF 1 OZ FOR FIRST
DEGREE, MAKES POSSESSION OF BETWEEN 7-24 PLANTES A
SECOND DEGREE, MAKES POSSESSION BY UNDER MINORS UNDER
18 A THIRD DEGREE, ALLOWS UNDER 21 YEAR OLDS TO ENTER
A MARIJUANA ESTABLISHMENT AT THE REQUEST OF A PEACE
OFFICER, MANDATES PEOPLE TRANSPORTING MORE THAN 1 OZ
OF MARIJUANA TO KEEP THEIR REGISTRATION ON THEM AT ALL
TIMES AND TO PROVIDE IT FOR INSPECTION WHEN REQUESTED
BY A PEACE OFFICER, ESTABLISHES THE CALCULATION
MEASURES FOR LIVE MARIJUANA PLANTS, ALLOWS FOR
REHABILITATION OF OFFENDERS, RESTRICTS PROSECUTION FOR
PERSONS RELATED TO OVERDOSE, DEFINES WHAT MAY BE
FORFEITED OR SEIZED IN RELATION TO MARIJUANA OFFENSES.
Section 51 - defines marijuana.
NEW SECTION.
Section 52 - defines associated terms, including
manufacture of marijuana and marijuana concentrate.
NEW SECTION.
Section 53 - allows for protective orders to require
the respondent to participate in marijuana abuse
treatment programs.
Section 54, 55 - prohibits the violent crimes
compensation board from denying a victim based on
their use of marijuana or from being injured in a
vehicle operated by someone under the influence of
marijuana.
Section 56 - for insurance purposes defines drug abuse
to include marijuana dependency.
Section 57 - prohibits actions against the employer
for actions based on the result of the test.
NEW SECTION.
Section 58 - prohibits employers from knowingly using
the results of flawed tests as a basis for action.
NEW SECTION.
Section 59 - prohibits action against an employer
based on the results of a false negative test.
NEW SECTION.
Section 60 - prohibits action against an employer for
not testing for marijuana.
NEW SECTION.
Section 61 - prohibits action against an employer for
defamation, slander or libel due to their use of a
marijuana test.
NEW SECTION.
Section 62 - prohibits employers from conducting
marijuana testing without first adopting a written
policy and properly informing employees.
NEW SECTION.
Section 63 - describes what a written policy on
marijuana testing should consist of.
NEW SECTION.
Section 64 - allows employers to test for marijuana
use.
NEW SECTION.
Section 65 - describes the parameters of employer
marijuana testing.
NEW SECTION.
Section 66 - statement of how to interpret the
previous sections regarding marijuana testing.
NEW SECTION.
Section 67 - allows employers to test employees or
potential employees for marijuana.
NEW SECTION.
Section 68 - describes when a marijuana test may be
scheduled by employers.
NEW SECTION.
Section 69 - requires employers to pay the entire cost
for marijuana testing.
NEW SECTION.
Section 70 - requires collection and testing for
marijuana samples to be performed under sanitary
conditions and for the documentation thereof.
NEW SECTION.
Section 71 - allows for on-site marijuana testing by
employers and requires employers to use only FDA
approved equipment.
NEW SECTION.
Section 72 - describes the training requirements of
marijuana test administrators.
NEW SECTION.
Section 73 - describes the allowed disciplinary
procedures an employer may take based on the results
of marijuana tests.
NEW SECTION.
Section 74 - requires the confidentiality of marijuana
test results and describes possible exceptions.
NEW SECTION.
Section 75 - describes the benefits received by
employers obligated to test employees.
NEW SECTION.
Section 76 - defines marijuana for the purposes of the
preceding sections.
NEW SECTION.
Section 77, 78 - prohibits workers compensation claims
by employees whose injuries were caused by the
intoxication of marijuana.
NEW SECTION.
Section 79 - allows for parental visitation rights to
be conditioned on the abstention of marijuana use.
Section 80 - Provisions uniform throughout state,
includes "marijuana" in the list of substances that
could incur DUIs, pertaining to the requirement that
ignition interlock devices must be applied to all DUI
crimes.
NEW SECTION.
Section 81 - Persons not to be licensed, adds
"marijuana" to the list of substances that, if used
habitually to the degree that the person is incapable
of safely driving, precludes the department from
issuing a driver's license to that person.
NEW SECTION.
Section 82 - Licensing of school bus drivers,
pertaining to disqualifications from being issued a
school bus driver's license, adds "marijuana" to the
list of substances that can incur a DUI. Mainly
conforming language to the DUI statutes.
NEW SECTION.
Section 83 - Licensing of school bus drivers,
pertaining to persons permitted to receive a school
bus driver's license, adds "marijuana" to the list of
substances that can incur a DUI.
NEW SECTION.
Section 84 - Examination of applicants, adds
"marijuana" to the list of substances that every
applicant for a driver's license must undergo a test
of the applicant's knowledge of the laws and effects
of list of substances.
NEW SECTION.
Section 85 - a person applying for a new license after
expiration of the person's license on reaching 21
years of age must pass a test regarding alcohol,
marijuana, and drug awareness and safety and the laws
relating to alcohol, marijuana, drugs, and driving
before the license may be issued or renewed.
NEW SECTION.
Section 86 - Administrative revocations and
disqualifications resulting from chemical sobriety
tests and refusals to submit to tests.
NEW SECTIONS.
Section 87 - Administrative review of revocation, adds
"marijuana" to the list of substances that can incur a
DUI.
NEW SECTION.
Section 88 - Administrative revocation of license to
drive for consumption or possession of alcohol,
marijuana, or drugs, adds "marijuana" to the section
title.
NEW SECTION.
Section 89 - Court suspensions, revocations, and
limitations. Adds "marijuana" to the list of
substances that can incur a DUI or refusal, which
leads to immediate license revocation, if convicted.
NEW SECTION.
Section 90 - Administrative revocation of license to
drive, includes "marijuana" into the administrative
license revocation statutes as it relates to the crime
of a minor operating a vehicle after consuming
alcohol.
NEW SECTION.
Section 91 - Administrative revocation of license to
drive, adds "marijuana" and "marijuana abuse
treatment" to ensure that the juvenile ASAP program,
if required before issuing a new license, is waived if
marijuana treatment is unavailable where that person
resides.
NEW SECTION.
Section 92 - Administrative review of revocation of a
minor's license, adds "marijuana" to a provision
referencing the crime of a minor operating a vehicle
after consuming alcohol.
NEW SECTION.
Section 93 - Court and parole board reports to
department; surrender of license or identification
card, adds "marijuana" to provide that the court shall
report to the department every legal change of name of
any person considered to be afflicted with a mental
disability or is an habitual user of alcohol,
marijuana, or another drug.
NEW SECTION.
Section 94 - Court and parole board reports to
department; surrender of license or identification
card, adds "marijuana" to the section of law that
requires the court to surrender someone's ID card,
enable the court to order a person from refraining
from marijuana consumption, in the same fashion as
alcohol, as part of a sentence for conviction under
28.35.030, 28.35.032, or some other similar thing.
NEW SECTION.
Section 95 - Court and parole board reports to
department; surrender of license or identification
card, adds "marijuana" to a statute relating to
conditions of parole and notification.
NEW SECTION.
Section 96 - Fees, adds "marijuana" to a statute
relating to the issuance of new licenses to replace a
cancelled license due to being restricted from
purchasing alcohol. If the person has been ordered to
refrain from consuming alcoholic beverages under Title
4.
NEW SECTION.
Section 97 - Proof of financial responsibility for the
future, adds "marijuana" to the list of substances
that can incur a DUI or refusal charge.
Section 98 - Operating a commercial motor vehicle
while under the influence of an alcoholic beverage,
marijuana, inhalant, or controlled substance.
NEW SECTION.
Section 99 - Implied consent for operators of
commercial motor vehicles, adds "marijuana" to
statutes relating to DUI and refusal.
NEW SECTION.
Section 100 - Out-of-service orders, adds "marijuana"
to the list of substances that are prohibited from
being consumed in the past four hours while operating
a commercial motor vehicle. This also includes
possession of marijuana, unless the marijuana is
manifested and documented as part of an authorized
shipment of cargo.
NEW SECTION.
Section 101 - Conviction resulting in disqualification
from driving commercial vehicle, adds "marijuana" to
offenses that are grounds for immediate
disqualification from driving a commercial motor
vehicle.
NEW SECTION.
Section 102 - Defines "marijuana" as having the same
meaning given in AS 17.38.900.
NEW SECTION.
Section 103 - Court-ordered treatment, includes
"marijuana" into the definitions of "court-ordered
treatment program" and "treatment plan."
NEW SECTION.
Section 104 - Open container, provides that a person
may not drive a motor vehicle when there is an open
marijuana container in the passenger compartment.
Section 105 - Open container, creates exceptions to an
open marijuana container being in the vehicle, such as
when the container is in the trunk of the vehicle,
behind the last upright seat in certain vehicles,
behind a solid partition that separates the driver
from the passengers, or certain types of passenger
vehicles.
Section 106 - Open container, defines "open marijuana
container" as a receptacle that contains marijuana and
is open and there is evidence that marijuana has been
consumed in the vehicle.
Section 107 - Operating a vehicle, aircraft or
watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance, adds
"marijuana" to the DUI statutes.
Section 108 - Operating a vehicle, aircraft or
watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance, adds
"marijuana" to the DUI statutes.
Section 109 - Implied consent, adds "marijuana" to the
list of substances associated with DUI. A person is
considered to have given consent to a chemical test if
lawfully arrested for driving impaired on those
substances.
NEW SECTION.
Section 110 - Implied consent, adds "marijuana" to the
implied consent statute. With probable cause, consent
is implied to test blood or urine for the presence of
marijuana if the person is involved in a motor vehicle
accident that causes death or serious physical injury
to another person.
NEW SECTION.
Section 111 - Refusal to submit to chemical test, adds
"marijuana" to the refusal statutes.
NEW SECTION.
Section 112 - amends AS 28.35.032(e) (Refusal to
submit to chemical test) to conform to the removal of
marijuana from inclusion under the definition of a
"controlled substance" by separately identifying
"marijuana" as a substance falling within the purview
of the subsection.
NEW SECTION.
Section 113 - amends AS 28.35.033(a) (Presumptions and
chemical analysis of breath or blood) to conform to
the removal of marijuana from inclusion under the
definition of a "controlled substance" by separately
identifying "marijuana" as a substance falling within
the purview of the subsection; and makes a stylistic
change by amending AS 28.35.033(a)(1), (2), and (3) by
substituting the new term "for each" for the existing
term "per" with respect to measuring the ratio of
alcohol present in a person's blood to that person's
blood volume and with respect to measuring the ratio
of alcohol present in a person's breath to that
person's breath volume.
NEW SECTION.
Section 114 - amends AS 28.35.035(a) (Administration
of chemical tests without consent) to conform to the
removal of marijuana from inclusion under the
definition of a "controlled substance" by separately
identifying "marijuana" as a substance falling within
the purview of the subsection.
NEW SECTION.
Section 115 - amends AS 28.35.035(b) (Administration
of chemical tests without consent) to conform to the
removal of marijuana from inclusion under the
definition of a "controlled substance" by separately
identifying "marijuana" as a substance falling within
the purview of the subsection.
NEW SECTION.
Section 116 - amends AS 28.35.039(1) (Definitions:
Alcohol safety and controlled substances) to include
marijuana as a substance coming within the purview of
the subsection ("alcohol safety action program").
NEW SECTION.
Section 117 - amends AS 28.35.039 (Definitions:
Marijuana) by adding a new paragraph giving
"marijuana" the meaning set forth in AS 17.38.900.
NEW SECTION.
Section 118 - amends AS 28.35.280(a) (Minor operating
a vehicle after consuming alcohol) by adding the
consumption of marijuana to the offense of a minor
operating a vehicle after consuming alcohol (any
quantity of either substance). The section includes
the operation of motor vehicles, aircraft, or
watercraft. It permits a peace officer acting with
probable cause to place the minor under arrest,
request that he or she submit to chemical tests,
including, in the case of marijuana, the test of
"blood or urine for the purpose of determining the
marijuana content of the person's blood or urine"; and
transport the person to a testing site.
NEW SECTION.
Section 119 - amends AS 28.35.280(b) (Minor operating
a vehicle after consuming alcohol) by treating the
discovery of marijuana in a minor's blood as the same
as discovering alcohol in a minor's blood (any
quantity of either substance).
NEW SECTION.
Section 120 - amends AS 28.35.280(d) (Minor operating
a vehicle after consuming alcohol) by making the
infraction of a "minor operating a vehicle after
consuming alcohol" applicable to minors operating a
vehicle after consuming marijuana. The amendment adds
the word "marijuana" where appropriate to ensure
commensurate applicability of the section to alcohol
and marijuana. The amendment also makes grammatical
changes.
NEW SECTION.
Section 121 - amends AS 28.35.285(a) (Minors refusal
to submit to chemical test) by adding marijuana to the
section and by adding the provision that the refusal
to submit to a chemical test of a person's breath,
"blood, or urine" is a violation subject to the same
caveats and conditions attending a minor's refusal to
submit to a request of a peace officer to undergo
chemical testing.
NEW SECTION.
Section 122 - amends AS 28.35.285(c) (Minors refusal
to submit to chemical test) by adding marijuana to the
existing evidentiary rule regarding a minor's refusal
to submit to a chemical test authorized by law.
NEW SECTION.
Section 123 - amends AS 28.35.285(d) (Minors refusal
to submit to chemical test) by adding "blood or urine"
to the type of chemical tests described in the section
(breath) and by adding marijuana to the provisions
addressing treatment and work-service. The amendment
also makes grammatical changes.
NEW SECTION.
Section 124 - amends AS 28.35.290(a) (Driving during
the 24 hours after being cited for alcohol or breath
test offenses) by adding marijuana to the section and
treating marijuana the same as alcohol under the
section.
NEW SECTION.
Section 125 - amends AS 28.35.290(b) (Driving during
the 24 hours after being cited for alcohol or breath
test offenses) by adding marijuana to the section and
treating marijuana the same as alcohol under the
section. The amendment also makes grammatical changes.
Section 126 - amends AS 28.37.140(a) (Effect of
conviction in party state) by adding marijuana to the
list of intoxicating substances.
Section 127 - amends AS 29.10.200 (Limitation of home
rule powers) by adding subsection (65) (general powers
of municipalities), which refers to AS 29.35.148
(marijuana).
Section 128 - amends AS 29.35 (Municipal powers and
duties) to include a new section to Article 1, which
reserves to the state, except as specifically provided
by statute, the authority to regulate marijuana. The
new section specifies that a municipality may not
enact or enforce an ordinance that is inconsistent
with AS 17.38. The section applies to home rule and
general law municipalities.
Section 129 - amends AS 33.16.060(c) (Duties of the
board of parole) to conform to the removal of
marijuana from inclusion under the definition of a
"controlled substance" by separately identifying
"marijuana" as a substance falling within the purview
of the subsection.
Section 130 - amends AS 33.16.150(b) (conditions of
parole) to conform to the removal of marijuana from
inclusion under the definition of a "controlled
substance" by separately identifying "marijuana" as a
substance falling within the purview of the subsection
and by treating marijuana in the same manner as
alcohol under the section. The amendment also adds
subsection (b)(11) which permits prohibiting the entry
into an establishment where marijuana is sold or
otherwise dispensed as a condition of parole.
Section 131 - amends AS 33.16.900(3) (Definitions --
Board, Commissioner, controlled Substance, crime
against person, crime involving domestic violence) by
defining "controlled substance" as a substance set
forth in the schedules at AS 11.71.140 - 11.71.180
(replacing references to AS 11.71.140 - 11.71.190).
This amendment makes the definition of "controlled
substance" consistent with the removal of marijuana
from the controlled substance schedules.
Section 132 - amends AS 33.30.015(a) (Living
conditions for prisoners) by adding subsection
(a)(3)(k) which denies the commissioner of corrections
the ability to permit a prisoner in a state prison to
use marijuana or marijuana products.
Section 133 - amends AS 33.30.065(b) (Service of
sentence by electronic monitoring) adding marijuana to
the list of substances falling within the purview of
the subsection (considerations for determining whether
electronic monitoring is appropriate).
Section 134 - amends AS 34.03.120 (Tenant obligations-
Landlord Tenant Act) by including "an illegal activity
involving marijuana" in the list of activities a
tenant may not knowingly engage in on rented premises.
Section 135 - amends AS 34.03.360(7) (Landlord Tenant
Act Definitions -- Abandonment, Building and housing
codes, dwelling unit, fair rental value, good faith)
by removing from the definition of "illegal activity
involving a controlled substance" the reference to AS
11.71.040(a)(2) (the provision which makes marijuana a
schedule VIA drug-a designation removed under the
instant version of SB 30).
Section 136 - amends AS 34.03.360(24)- Definitions
(Landlord Tenant Act -- Illegal activity involving a
controlled substance) by adding subsection (24), which
defines the phrase "illegal activity involving
marijuana" to mean a violation of AS 17.38.200(a)(2).
Section 137 - amends AS 34.05.100(a) (Tenant
responsibilities in premise not subject to AS 34.03)
by including "an illegal activity involving marijuana"
in the list of activities a tenant who is not subject
to the Landlord Tenant Act may not knowingly engage in
on rented premises.
Section 138 - amends AS 34.05.100(d)(1) (Tenant
responsibilities in premise not subject to AS 34.03 --
Illegal activity) by adding "illegal activity
involving marijuana" to the list of terms assigned the
definition provided in AS 34.03.360 (Landlord Tenant
Act).
Section 139 - amends AS 44.19.645(a) (Alaska Criminal
Justice Commission) by directing the Commission to
take into account the new SB 30 Version I controlled
substances sections AS 11.71.140 - 11.71.180 (removing
marijuana from the controlled substances schedules)
when making its assessment of the efficacy of
sentencing laws and criminal justice practices.
Section 140 - amends AS 47.10.900(17) (Child in Need
of Aid Definitions -- Intoxicant) by adding marijuana
to the definition of "intoxicant."
Section 141 - amends AS 47.12.030(b) (Delinquent
minors) by adding subsection 7, which includes the
violations described in AS 17.38.220(a)(3) (relating
to the possession, use, or display of marijuana) to
the section's exclusion of such offenses from the
Alaska Delinquency Rules and the other provisions of
Title 47, Chapter 12. This provision effectively
places a violation of AS 17.38.220(a)(3) in District
Court subject to the same procedures and sanctions as
an adult.
Section 142 - amends AS 47.17.024(a) (Duties of
practitioners of the healing arts) to conform to the
removal of marijuana from inclusion under the
definition of a "controlled substance" by separately
identifying "marijuana" as a substance falling within
the purview of the subsection (requirement that
practitioner notify closest office of Department of
Health and Social Services if practitioner determines
infant adversely affected).
Section 143 - amends AS 47.37.010 (Declaration of
policy) to include the use of marijuana, in addition
to alcohol, in the State's policy of recognizing,
appreciating, and reinforcing examples of sobriety;
and in its policy of not criminally prosecuting
"alcoholics and intoxicated persons . . . for their
consumption of alcoholic beverages or marijuana,"
finding treatment to be a better option.
Section 144 - amends AS 47.37.030 (Powers of
Department of Health and Social Services) by adding
"marijuana abuse" to the list of prevention and
treatment programs the Department is empowered to
establish and maintain; in addition, treats "marijuana
abusers" throughout subsections in same manner as
alcoholics and persons addicted to other substances.
Section 145 - amends AS 47.37.040 (Duties of
Department of Health and Social Services) by adding
"marijuana abuse" and "marijuana abusers" to the list
of types of activity for which the Department is
required to implement prevention-of-abuse programs.
Section 146 - amends AS 47.37.170(b) (Protective
custody) by including marijuana in the list of causes
of incapacitation requiring peace officers to take the
incapacitated person into protective custody and
deliver the incapacitated person to a treatment
facility or secure facility. Minors are not permitted
to be placed in jail or other secure facility.
Section 147 - amends AS 47.37.170(d) by including
marijuana in the list of causes of incapacitation for
which an incapacitated person may not be held beyond
his or her period of incapacitation, or for more than
48 hours in any event, at a facility.
Section 148 - amends AS 47.37.170(f) (Treatment and
services for intoxicated persons and persons
incapacitated by alcohol or drugs) by specifying that
marijuana is to be treated in the same manner of
alcohol: to wit, if a person is not incapacitated by
marijuana (and other enumerated substances), that
person, if admitted to an approved treatment facility,
can request that his or her next of kin not be
notified.
Section 149 - amends AS 47.37.170(g) (No action for
damages) by including marijuana in the list of
incapacitating substances which, if causing an
incapacitated person to be taken into custody,
prevents an incapacitated person from bringing an
action for damages, unless damages were caused by
gross negligence or intentional misconduct.
Section 150 - amends AS 47.37.170(i) (Detention)
adding marijuana incapacitation to the rules governing
length of time an incapacitated person may be held in
a detention facility.
Section 151 - amends AS 47.37.180(a) (Emergency
commitment) by adding incapacitation by marijuana to
the list of incapacitating substances that qualify for
committing an incapacitated person to an approved
public treatment facility for emergency treatment.
Section 152 - amends AS 47.37.190(a) (Involuntary
commitment) by adding marijuana to the list of
substances which, if abused, can, along with other
criteria, form the basis for involuntary commitment.
Section 153 - amends AS 47.37.205(a) (Procedure for
recommitment following 30-day commitment) by adding
marijuana to the list of substances which, if abused,
can, along with other criteria, form the basis for
extended involuntary commitment.
Section 154 - amends AS 47.37.270(1) (Definitions --
Alcoholic or drug abuser, commissioner, department,
drugs) by including marijuana and marijuana abuser in
the defined terms.
Section 155 - amends AS 47.37.270(4) (Definitions --
Drugs) by defining the term "drugs" in reference to
statutes which no longer include marijuana as a
controlled or scheduled substance.
Section 156 - amends AS 47.37.270(7) (Definitions --
incapacitated by alcohol, marijuana) by adding
marijuana to the definition of what it means to be
incapacitated.
Section 157 - amends AS 47.37.270(10) (Definitions --
Intoxicated person) by adding marijuana to the
definition of what it means to be intoxicated.
Section 158 - amends AS 47.38.020(a) (Alcohol and
substance abuse monitoring program) by adding
marijuana to the list of substances prohibited from
use by a parolee enrolled in certain programs.
Section 159 - amends AS 47.38.020(c) (Alcohol and
substance abuse monitoring program -- Twice a day
testing) by adding marijuana to the provision for
twice-a-day testing under the program of release and
parole.
Section 160 - repeals the enumerated statutes.
Section 161 - amends the uncodified law of Alaska by
adding a new section which provides that the Act
applies to offenses committed on or after the
effective date of the Act; except that certain
exceptions apply to amendments affecting sentences
imposed on or after the effective date for an offense
committed on or after the effective date; to
amendments that apply to causes of action accrued on
or after the effective date of the Act; and to
amendments that apply to conditions of parole ordered
on or after the effective date of the Act.
Section 162 - provides for an immediate effective date
pursuant to AS 01.10.070(c).
1:40:02 PM
CHAIR LEDOUX referred to Section 42, and asked whether
previously this section related to controlled substances
included marijuana.
MR. BROWN responded in the affirmative.
CHAIR LEDOUX assessed that in an effort to regulate marijuana as
alcohol, the language basically adds to the work of the
Department of the Health & Social Services Commission as alcohol
is added.
MR. BROWN responded "that is correct."
1:41:33 PM
CHAIR LEDOUX asked whether anyone could explain to the committee
why the language "notwithstanding any other provision of the
law" was taken out.
1:42:01 PM
MR. BROWN offered his understanding that the sentence
"Notwithstanding any other provision of law" would unnecessarily
restrict local governments and future legislatures from amending
this portion of the law. He said the four provisions were
strengthen by adding a section at the end establishing that the
regulatory power of the state over marijuana ...
1:43:55 PM
RICK SVOBODNY, Deputy Attorney General, Central Office, Criminal
Division, Department of Law, advised he has researched that
phrase and he does not know what it does. The legislature can
always change a statute and "to me it has no meaning one way or
the other."
1:44:42 PM
CHAIR LEDOUX noted that the committee would have to wait for an
understanding until Hilary Martin, Legislative Legal and
Research Services, is online.
MR. BROWN highlighted that other than the "Notwithstanding any
other provision of law" being deleted from these sections, there
are no other real changes from previous versions.
1:46:50 PM
CHAIR LEDOUX clarified that as far as the possession of
marijuana is concerned, Section 50 allows more than the amount
allowed pursuant to the initiative, but conforms with the Ravin
v. State of Alaska, 537 P.2d 494 (Alaska 1975), decision.
MR. BROWN agreed and stated that the amount is four ounces under
Ravin, and one ounce under the ballot initiative.
1:47:20 PM
MR. BROWN continued that Sections 51 and 52 are conforming
amendments mainly defining the terms marijuana, manufacture of
marijuana, and marijuana concentrates.
CHAIR LEDOUX questioned why "salt" was removed.
MR. BROWN offered his understanding that the initiative drafters
took the language from some other initiative in another state
and no one involved has any idea what marijuana salt is.
REPRESENTATIVE CLAMAN offered he was fairly certain it is salt
infused with marijuana.
CHAIR LEDOUX asked if that would come under an edible.
MR. BROWN responded "probably."
1:51:11 PM
MR. BROWN related that Sections 77 and 78 prohibit workers
compensation claims by employees whose injuries were caused
either directly or proximately by the intoxication of marijuana.
REPRESENTATIVE CLAMAN referred to Sections 77 and 78, and
commented that "in the existing proposal it was just (a)(3),
'the injury is not proximately caused by the intoxication ...'"
and now it is limiting that to alcohol and marijuana. He
questioned how that would relate if the employer suspected the
employee was experiencing an altered mental state related to
illegal drugs.
MR. BROWN advised that is a drafting error.
1:53:10 PM
REPRESENTATIVE CLAMAN noted the legislation, as it relates to
workers compensation claims, should not limit intoxication to
alcohol and marijuana when there are other substances at issue.
CHAIR LEDOUX remarked it might read "due to intoxication from
alcohol, marijuana, or another controlled substance."
1:54:38 PM
MR. BROWN advised that Sections 80-90 are related to driving
statutes. He explained that as marijuana is no longer a
controlled substance, everything having to do with DUIs and
licenses being revoked were rewritten to reflect that marijuana
is no longer covered under controlled substances. Section 80
requires that marijuana is in the list of substances that could
incur a DUI pertaining to the requirement that ignition
interlock devices can be applied to all DUI crimes.
CHAIR LEDOUX requested clarification regarding ignition
interlock devices in that when it is alcohol, the individual
blows in it. She questioned how the interlock device recognizes
marijuana.
MR. BROWN remarked that he was also confused by that issue.
1:56:29 PM
MR. BROWN pointed to Section 81, and advised it adds marijuana
to the list of substances if used habitually to the degree that
the person is incapable of safely driving precludes the
department from issuing a driver's license. Section 82,
pertains to disqualifications from being issued a school bus
driver's license, adding marijuana to the list of substances.
MR. BROWN explained that most of these provisions are basically
conforming amendments to one degree or another.
CHAIR LEDOUX highlighted that marijuana had been included as a
controlled substance and that all of these matters that
marijuana is going to preclude an individual from doing, alcohol
is also listed.
2:00:03 PM
MR. BROWN informed the committee that Section 89 basically re-
adds marijuana to the list of substances that can incur a DUI or
a refusal that leads to immediate license revocation.
REPRESENTATIVE MILLETT noted that the legislation adds marijuana
to the DUI statutes, and questioned how an individual is tested
for being under the influence of marijuana in a DUI scenario.
2:01:31 PM
MR. SVOBODNY, in responding to Representative Millett, offered a
scenario that when a police officer observes erratic behavior,
such as loss of coordination and cognitive process, the
individual is then arrested for DUI. He advised the individual
is then taken to a location that measures breath alcohol and if
the result is .20, the individual is charged with the theory of
being under the influence of alcohol. In the event the
individual also has marijuana "on board," the police stop at
that point. If, he pointed out, in this scenario the breath
result is .000 and yet an impairment is observed, the police
officer obtains a search warrant, obtains a sample of the
individual's blood, sends it to the Washington State Patrol
Crime Laboratory where they perform a toxicology on the "common"
drugs, including marijuana, and send the report back to the
Department of Law (DOL). He related that the Alaska Scientific
Crime Detection Laboratory does not perform analysis of blood as
it has a federal grant that pays for out-of-state services,
together with [technicians/doctors] flying to Alaska to testify
regarding their test results. He informed that committee that
the state does not have presumptive levels of being under the
influence of marijuana and it requires expert testimony in
toxicology, as to what it is, and what it means. He noted that
point five nanograms per milliliter suggests a person is under
the influence, "the states are equally split between two
nanograms and five nanograms per milliliter." He conveyed that
Alaska requires a [toxicology] expert for marijuana, where an
[alcohol] expert is not required because alcohol limits are set
by statute.
2:04:57 PM
REPRESENTATIVE MILLETT surmised when a person is pulled over and
no alcohol found in their blood, a search warrant is obtained
and a blood test is performed. She questioned whether the
person is arrested while blood tests are sent to Washington
State.
2:05:21 PM
MR. SVOBODNY responded that it depends upon the location of the
event as to whether the judicial district has a bail schedule,
the person would be released from jail on bail. Anchorage, he
noted, does not have a bail schedule and a "committee
magistrate" will set bail at that time. In other communities
the individual would appear before a court the next business day
and the court would set bail, he explained.
2:06:19 PM
CHAIR LEDOUX questioned whether there is science allowing the
toxicology test to be performed more quickly.
MR. SVOBODNY, in response to Chair Ledoux, stated there are
companies claiming to have developed devices that can test
through breath. He opined there are companies in Canada and
Colorado, but it would most likely be four-five years down the
line before becoming law.
CHAIR LEDOUX surmised that the science will likely "catch up
with the law."
MR. SVOBODNY answered in the affirmative
2:07:58 PM
REPRESENTATIVE CLAMAN offered that there was a criminal
investigation of a driver in Anchorage who hit a bicyclist. The
[district attorney] elected not to prosecute because even though
the driver's blood showed THC in his system, the absence of a
standard that qualified as intoxication caused the prosecutors
to conclude they did not have a basis to move forward.
2:08:46 PM
MR. SVOBODNY responded that there are general guidelines and
roughly five states have said five nanograms and a person is
impaired; and roughly five states have said two nanograms is
impairment. He said that states have said if a person has
marijuana it is a per se violation as with [minors]. Mr.
Svobodny explained the definition of "salt" is a sodium and
chloride molecules mix and the ions between the two minerals
equals salt. He advised the state crime lab director said for
marijuana "it is not a necessary part of the definition, it's
been there for at least 30 years."
2:11:36 PM
REPRESENTATIVE GRUENBERG referred to the concept of bail.
CHAIR LEDOUX [advised it was not related to HB 79].
2:12:38 PM
REPRESENTATIVE KELLER questioned if the Department of Law could
prepare a timeline of exactly what happens in the [marijuana]
process. He opined that on February 24, 2015, possession in the
use issue is allowed if the individual is over 21-years of age.
He further opined that no marijuana cannot be sold until
February 2016 - and there is a time lag after that for
licensure.
2:13:48 PM
MR. SVOBODNY answered that "the sky is not going to fall down if
this bill doesn't pass by the 24th." He noted there will be
legal issues that will be in dispute, for example hash oil, and
different interpretations of what those [legal issues] will be.
The state will not treat people driving under the influence of
marijuana any differently than today. He opined that from the
prosecution and law enforcement point of view it is almost more
helpful to deal with the regulatory issues first and then move
to criminal issues. He offered to provide the timeline
tomorrow.
2:15:52 PM
REPRESENTATIVE CLAMAN advised that Legislative Legal and
Research Services prepared a memo as to the bare minimum the
legislature could do, and "sort of" let the [initiative] pass.
He offered to share the memo with the committee.
2:16:49 PM
MR. BROWN related that Section 90, includes marijuana into the
administrative license revocation statutes as it relates to the
crime of a minor operating a vehicle after consuming alcohol.
Section 91, re-inserts marijuana and marijuana use into the
juvenile ASAP program, and such is required before issuing a
license. Section 92, adds marijuana to a provision referencing
the crime of a minor operating a vehicle after consuming
alcohol. He advised that Section 93, adds marijuana to provide
that the court shall report to the department every legal change
of name of any person considered to be afflicted with a mental
disability, or a habitual user of alcohol, marijuana, or another
drug. Section 94, adds marijuana to the section of law that
requires the court to surrender a person's identification and
enables the court to order a person to refrain from marijuana
consumption in the same fashion as alcohol. Section 95, returns
marijuana to the statutes relating to conditions of parole.
Section 96, offers that if a person has been ordered to refrain
from consuming alcoholic beverages under Title 4, the person can
have their issuance of a license suspended. He noted that for
insurance purposes, Section 97, adds marijuana to the list of
substances includes marijuana to the list of substances that can
incur a DUI, or refusal. Section 98, is a DUI statute, of
returning marijuana to a conforming amendment. Section 99, is
the same, and Section 100, returns marijuana to the list of
substances prohibited from being consumed in the past four hours
while operating a commercial motor vehicle, and includes
possession. Section 101, refers to commercial motor vehicles
and returns marijuana to substances that are an offense and
grounds for immediate disqualification with driving a commercial
vehicle. Sections 102-103, provide definitions. Section 104-
108, are open container laws similar to alcohol statutes. He
pointed out that in regulating marijuana like alcohol, these
sections define relevant terms and prohibits an open container
of marijuana from being in a car and adds exceptions. Sections
109-110, are implied consent of laws re-adding the term
marijuana to the list of substances associated with DUIs.
Section 111, is regarding chemical tests and returning marijuana
to the list of substances.
2:20:30 PM
MR. BROWN responded to Representative Gruenberg that for the
purposes of brevity he was lumping sections together as close as
possible. Section 112, reads that after refusal to submit to a
chemical test, returns marijuana to the list of definitions
close to, for the purposes of refusal of a chemical test.
CHAIR LEDOUX asked Mr. Brown to move to areas not simply
conforming amendments.
MR. BROWN advised in that case, he has completed his review.
2:22:38 PM
CHAIR LEDOUX questioned whether the forfeiture and seizure
sections are conforming sections to add marijuana, wherein the
state would perform seizures with respect to a violation to
alcohol control laws.
MR. BROWN answered in the affirmative in that the bill regulates
like alcohol and adds language so it is similar.
MR. BROWN advised Representative Gruenberg the forfeiture and
seizure sections can be found on pages 33-34, 39, and 59.
2:25:24 PM
MICHELE HOLLY opined that repealing or significantly modifying
any portion of the initiative is unconstitutional. She stated
the National Highway Transportation Safety Administration
published a statement, [approximately 2/6/15] "suggesting or
saying outright" that marijuana use has not been found to
increase the risk of car crashes according to a new federal
report. She remarked that the legislature must preserve all
legal protection supported by the voters and not repeal AS
17.38.020, which makes it unlawful for adults 21 and older to
possess, use, produce, marijuana for personal use. The
initiative provides that an individual 21 and older may grow up
to six plants and possess all marijuana produced from those
plants on the premises, she conveyed. She informed the
committee that it must not ignore this important provision by
criminalizing any possession over one ounces without creating an
exception to marijuana personally produced.
CHAIR LEDOUX advised that the committee will try to do the will
of the people, rest assured.
2:29:40 PM
The committee took an at-ease from 2:29 to 2:38 p.m. due to
technical difficulties.
2:38:33 PM
TINA CURTISS advised she has grown her own medicine for the last
15 years and her interest in Ravin is as medical law. She has
multiple sclerosis and had a $12,000 per month pharmaceutical
bill and, she advised, has to grow between three to five
different strains [of marijuana] in order to control her
symptoms. She informed the committee that it reduced her
pharmaceutical bill to less than $200, but she has to grow more
than the law allows. She answered Chair LeDoux that it takes
her between 18-24 plants for enough medication. "There is no
way to control some of my symptoms without it, because there is
nothing else that controls them." She related that for the last
ten years she had never been able to sleep more than two hours
in a row, until recently. "When I got the strain going, the
first night I smoked some I was able to ... I slept six hours
straight." She advised that her neurologist was happy when she
found something that allowed her to sleep again, as with what
she has, there are too many things to control and the
neuropathies are bad. She pointed out that assisted living
allowed her to smoke because "they were so bad I was screaming."
She related that the same thing happened in October, [2014] at
Alaska Regional Hospital, and the doctor was impressed that she
recovered in less than one day once she started taking her
marijuana pills because for the previous four days he could not
control her symptoms. She indicated her concern about blood
tests in that, five years ago, she had not smoked in 28 days,
and the doctor argued with her as the lab and chemist had
advised that she had smoked that same day. She advised she has
smoked marijuana regularly for 15 or 40 years, and it builds up
in the system, and hopefully new testing will show the
difference.
2:43:39 PM
CHAIR LEDOUX asked what disease she is suffering from that
marijuana helps.
MS. CURTIS responded that she has multiple sclerosis.
2:44:26 PM
LEIF ABEL advised that the state should consider the definition
of "public" and where tourists may consume marijuana. A smoking
establishment, like a bar or event should be able to have an
area much like a beer garden, he stated. Consumption of
marijuana, unlike alcohol, is consumed in a variety of ways,
smoking, vapor, tea, or edibles, and there could be concern
regarding second-hand smoke unlike edibles.
He noted that medical users within the state do have more rights
beyond the discussion here, but if the legislature includes
broad language about not using in public the medical patients
might get half (indisc.) as well. He opined that AS 17.38.020
and 030, should be retained as they were part of the original
initiative. He further opined there is confusion among the
public as to the definition of possession and whether possession
in the home, or legal possession of transporting is being
referred to. He expressed that extracts should not be banned
for home use because they are one of the best ways to create
edibles, and edibles are the most common manner to consume
medically.
2:49:08 PM
ROBERT DAVIS remarked that in determining intoxication, the two-
five nanograms previously discussed remains in an individual's
body for several days, if not weeks. He suggested juicing the
leaves of marijuana plant and using the raw cannabis to assist
with medical difficulties. Juicing is effective because THC and
Cannabidiol (CBD)is not changed into a compound where an
individual gets "high" and the individual does not realize that
THC or CBD has been consumed other than it helps with maladies,
he explained. He opined that the Ravin law should remain intact
because it takes at least 30-40 leaves per days to be effective
medically. He highlighted that the leaves, considered the
"trash" part of the plant, are becoming an important part of the
plant, and expressed it is important an individual can legally
grow at least 24 plants at home, per patient. The legislature
should hire experienced and qualified individuals to assist in
the passage of [HB 79], he said.
2:53:35 PM
TIMOTHY HALE said he is opposed to repealing AS 17.38.020 and
030, and is concerned about the testing and intoxication
requirements for driving and pre-employment drug testing.
Currently, he explained, pre-employment drug testing is at
[indisc.] nanograms per milliliter and at that level, depending
upon an individual's body weight, THC can stay in the blood
stream from 30-90 days. He questioned whether it would remain
at that level for pre-employment alcohol screening with a
breathalyzer test.
2:56:37 PM
DOLLY PHELPS stated that testing will be a difficult "bear to
tackle." She read that Dr. Madelyn Butler had indicated that a
CBD level should be determined for driving violations. Ms.
Phelps opined that CBD has absolutely zero psychoactive effects
whatsoever. She further opined that it should be excluded as
medical patients must use CBD in very high concentrates in order
to heal their physical ailments. She then referred to the
testing method in that two-five nanograms used regularly will
build up tolerance and she remarked that it is not fair to
exclude licensed drivers from using a medication that helps
them. She agrees with a previous caller that there are no
psychoactive effects when juicing leaves and described a process
called decarboxylation to where plant material must be heated to
above 240 degrees before THC become active, and mentioned that
in its raw form it is "THC acid" or "CBD acid." She questioned
the term "registered" in the bill.
2:59:33 PM
CHAIR LEDOUX advised that "registered" refers to registered
facilities for testing and sale.
[HB 79 was held over.]
3:00:49 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB05.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 5 |
| HB05 Letter of support - AoCA.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 5 |
| HB05 Fiscal Note.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 5 |
| HB05 Fiscal Note-Law.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 5 |
| HB79 Draft Proposed CS ver P.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 79 |
| HB79 Supporting Documents - Letter McCard.txt |
HJUD 2/11/2015 1:00:00 PM |
HB 79 |
| HB79 Supporting Documents - CRCL Feb-10-2015.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 79 |
| HB05 Sponsor Statement.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 5 |
| HB05 Fiscal Note-HSS.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 5 |
| HB79 SECTIONAL ANALYSIS - ver P.pdf |
HJUD 2/11/2015 1:00:00 PM |
HB 79 |