02/15/2018 03:15 PM House STATE AFFAIRS

           HJR 21-FEDS RESPECT STATE REG OF MARIJUANA                                                                       
                                                                                                                              
3:51:41 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced  that the  next order of  business                                                              
would be  SPONSOR SUBSTITUTE  FOR HOUSE  JOINT RESOLUTION  NO. 21,                                                              
Urging  the federal  government to  respect the  authority of  the                                                              
state  to regulate  marijuana  use, production,  and  distribution                                                              
and to  honor previous federal  guidance on marijuana  policy; and                                                              
urging  the  federal  government  to  reconsider  its  listing  of                                                              
marijuana as a schedule I controlled substance.                                                                                 
                                                                                                                                
3:52:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVID  GUTTENBERG,  Alaska State  Legislature,  as                                                              
prime sponsor  of HJR 21, testified  that the original  version of                                                              
the proposed  resolution  simply asked the  U.S. attorney  general                                                              
to honor the  commitments of the Cole [Memorandum  (Memo)] written                                                              
under  the  previous  administration   [by  U.S.  Deputy  Attorney                                                              
General  James  M.  Cole,  U.S. Department  of  Justice  (DOJ)  on                                                              
8/29/13],  which  Alaska's  statutes  and policies  support.    He                                                              
stated  that the  current  attorney general  has  "backed off"  on                                                              
that  commitment.    The  sponsor  substitute  (SS)  for  HJR  21,                                                              
[labeled  Version  30-LS0820\D  and  referred to  as  Version  D],                                                              
would request  that the  federal government  support the  previous                                                              
policy and  not undermine the wishes  of the people of  Alaska and                                                              
the work that has  been done in Alaska.  He referred  to copies of                                                              
letters  from 13  U.S.  senators and  many  [state] governors  and                                                              
attorney generals,  included in  the committee packet,  expressing                                                              
concern  on this  issue.   He  mentioned  that  there are  several                                                              
related issues  and one  is states' rights;  the people  of Alaska                                                              
have  voted; and  the  [Alaska Supreme  Court]  decision of  1975,                                                              
Ravin v. State,  has been in place for many years.   He maintained                                                            
that it is  appropriate for Alaska  to stand up for the  wishes of                                                              
its residents.                                                                                                                  
                                                                                                                                
3:54:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WOOL  asked  if   the  current  version   of  the                                                              
resolution,  instead of  asking  the federal  government to  honor                                                              
the Cole  Memo, urges  it to reconsider  its listing  of marijuana                                                              
as a schedule I controlled substance.                                                                                           
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  explained  that  the  language  urging                                                              
reconsideration  of  the  listing  of marijuana  was  added  under                                                              
Version  D; however,  the basic  premise of the  remainder  of the                                                              
resolution is  to honor the tenants  of the Cole Memo,  which read                                                              
in part as follows:                                                                                                             
                                                                                                                                
   • Preventing the distribution of marijuana to minors;                                                                        
                                                                                                                                
   • Preventing revenue from the sale of marijuana from                                                                         
     going to criminal enterprises, gangs, and cartels;                                                                         
                                                                                                                                
   • Preventing the diversion of marijuana from states                                                                          
     where it is legal under state law in some form to                                                                          
     other states;                                                                                                              
                                                                                                                                
   • Preventing state-authorized marijuana activity from                                                                        
     being used as a cover or pretext for the trafficking                                                                       
     of other illegal drugs or other illegal activity;                                                                          
                                                                                                                                
REPRESENTATIVE   GUTTENBERG  referred   to  a  newspaper   article                                                              
reporting that  someone's business  license had been  revoked; the                                                              
Cole Memo  states that if  a state honors  and enforces  the named                                                              
tenants, then the  federal government will not  interfere with the                                                              
state's  policies.    He  relayed   that  the  [Alaska]  Marijuana                                                              
Control  Board  explained that  the  reason  it took  this  action                                                              
against  the business  owner was  because of  these tenants.   The                                                              
public  was surveyed  about the  changes they  wanted to see,  and                                                              
they  requested that  the listing  of  marijuana as  a schedule  I                                                              
controlled substance  be changed.  He maintained  that the listing                                                              
has hindered  research on marijuana;  it was a political  decision                                                              
that  was   wrong;  and  it   has  resulted  in   many  unintended                                                              
consequences over the years.                                                                                                    
                                                                                                                                
3:56:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   whether  the  section   regarding                                                              
marijuana  as  a schedule  I  controlled  substance is  new  under                                                              
Version D.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GUTTENBERG replied yes.                                                                                          
                                                                                                                                
REPRESENTATIVE LEDOUX  asked to know what else  is different under                                                              
Version D.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GUTTENBERG  answered that it refers  to the letters                                                              
from  the  governors,  Alaska U.S.  Senator  Lisa  Murkowski,  and                                                              
Alaska U.S. Representative  Don Young; and it supports  the intent                                                              
of the original version of the resolution.                                                                                      
                                                                                                                                
CHAIR KREISS-TOMKINS  clarified  that the  mention of the  letters                                                              
is included in the  paragraphs on page 2, line 21  to page 3, line                                                              
21.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  GUTTENBERG confirmed that  the paragraphs  on page                                                              
2,  lines  1-15,   reflect  language  from  the   Cole  Memo;  the                                                              
paragraph  on page  2, lines 16-20,  contains  a comment from  the                                                              
American  Medical Association  (AMA), which  is neutral  regarding                                                              
the issue but  does support research; and the  paragraphs included                                                              
on page 2, lines  21-31 references Alaska's attorney  general.  He                                                              
explained  that  there  are  two   issues  for  Alaska's  attorney                                                              
general:   one is  the Cole  Memo and  the other  is banking.   He                                                              
maintained  that a business  owner not  being able  to use  a bank                                                              
enhances all  the crime and  diversion of money  activities listed                                                              
in the Cole Memo.                                                                                                               
                                                                                                                                
REPRESENTATIVE LEDOUX  asked how marijuana not being  a schedule I                                                              
controlled  substance would  affect the priorities  of DOJ  listed                                                              
in the Cole Memo and the ability to enforce them.                                                                               
                                                                                                                                
3:59:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  responded that the  proposed resolution                                                              
asks the federal  government to reconsider marijuana's  listing as                                                              
a  schedule  I controlled  substance.    He stated  that  Alaska's                                                              
statutes  and regulations  conform to  the Cole  Memo.  He  opined                                                              
that if marijuana  is removed from  the list, there would  be more                                                              
research,  banking for the  marijuana industry  would be  enabled,                                                              
and other states  would consider [legalization of  marijuana].  He                                                              
relayed   that  Alaska   is  unique   in   its  issues   regarding                                                              
transportation   of  marijuana,   which  involves   boat  or   air                                                              
transport  or transporting  through  Canada.   He maintained  that                                                              
relisting  marijuana  would allow  "a  more rational  dialogue  to                                                              
happen about  what marijuana  is and its  effect" and  would allow                                                              
for  research.   He relayed  that  under the  schedule I  listing,                                                              
marijuana research is very limited, including medical research.                                                                 
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked why  research  couldn't  be done  in                                                              
Alaska.    She stated  that  she  was very  comfortable  with  the                                                              
federal  government   not  interfering  with   Alaska's  marijuana                                                              
industry and  not overreaching.   She mentioned that she  has lost                                                              
that level of comfort.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  asked, "Who  would  do the  research?"                                                              
He  answered  that  question  by saying  that  the  University  of                                                              
Alaska  (UA)  can't  do the  research,  because  it  gets  federal                                                              
funds.   He maintained that  there is not  a laboratory  in Alaska                                                              
that  could  do   the  research,  because  it   would  require  an                                                              
expansive  facility.    He  relayed   that  with  marijuana  as  a                                                              
schedule I  controlled substance, no  one in the industry  can use                                                              
the banking system.                                                                                                             
                                                                                                                                
4:03:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  expressed her understanding  that there are                                                              
bills in  Congress to  allow banking and  possibly research.   She                                                              
stated  that  banking and  research  appear  to  be the  two  main                                                              
issues;  she  is not  aware  of  other ramifications  of  removing                                                              
marijuana  from  schedule  I.   She  opined  that  the  resolution                                                              
asking  the federal  government  to "leave  us  alone" has  become                                                              
overly broad.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  replied that  federal  bills are  just                                                              
like state  bills in that  they need a  signature to be  enacted -                                                              
the  U.S.  President's  signature  for  a  federal  bill  and  the                                                              
governor's  signature   for  a  state   bill.    He   stated  that                                                              
classifying  marijuana with heroin  and cocaine  has been  part of                                                              
the problem  for  70 years.   He maintained  that  doing so  was a                                                              
political  decision  and not  a  medical or  scientific  decision;                                                              
there is no basis  for it to be listed with  schedule I controlled                                                              
substances.    The  legislature  cannot  take  marijuana  off  the                                                              
schedule I  list; it must be  a congressional action.   He offered                                                              
that he is  not sure the U.S.  Food and Drug  Administration (FDA)                                                              
or  another  federal  agency could  do  it;  it  must be  done  by                                                              
Congress or the  U.S. President.  He asserted  that the resolution                                                              
only asks that the federal government reconsider the listing.                                                                   
                                                                                                                                
4:05:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    WOOL    pointed    out    that    cocaine    and                                                              
methamphetamines  are  schedule   II  substances;  therefore,  are                                                              
determined  by the federal  government to  be less dangerous  than                                                              
marijuana.  He  opined that the controlled substance  listings are                                                              
"out of step  with today's world," and marijuana  being a schedule                                                              
I  controlled  substance has  been  a  topic of  conversation  for                                                              
decades.   He  expressed  that he  doesn't  know  what will  enact                                                              
change;  probably   not  a  resolution,   but  it  would   make  a                                                              
statement.                                                                                                                      
                                                                                                                                
4:07:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL moved  to report  the SSHJR  21, Version  30-                                                              
LS0820\D,  out of  committee with  individual recommendations  and                                                              
the  accompanying zero  fiscal note.   There  being no  objection,                                                              
SSHJR  21 was  reported  from  the  House State  Affairs  Standing                                                              
Committee.