Legislature(2011 - 2012)BELTZ 105 (TSBldg)
02/21/2011 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB86 | |
| SB17 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 86 | TELECONFERENCED | |
| + | SB 17 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 17-SYNTHETIC CANNABINOIDS
2:38:28 PM
CHAIR FRENCH announced the consideration of SB 17.
SENATOR KEVIN MEYER, sponsor of SB 17, introduced the bill
paraphrasing the following sponsor statement :
SB 17 would classify certain synthetic cannabinoids,
commonly known as K2 or Spice as a schedule IIA
controlled substance.
This new drug is dangerous, cheap and legally
available. Sold in smoke shops and gas stations as
incense, it is marketed to people who are interested
in herbal alternatives to cannabis. Synthetic
cannabinoids are inexpensive, accessible and
undetectable in drug tests. Here in Alaska, the drug
enjoys some popularity amongst North Slope workers,
U.S. Military members and students. The U.S. Drug
Enforcement Administration, Municipality of Anchorage
and the U.S. Military have all taken action to control
and prohibit use of this drug.
Synthetic cannabinoid is abused mainly by smoking or
prepared as drink. Users experience severe adverse
reactions including hallucinations, nausea, vomiting,
agitation, and panic attacks. The chemical composition
of synthetic cannabinoids is considerably more potent
to tetrahydrocannabinol or THC, the active ingredient
in marijuana).
Eleven states have passed legislation classifying
synthetic marijuana as a controlled Substance. Twenty
one states, including Alaska, have introduced similar
legislation. Should SB 17 pass, it will be unlawful to
sell, use, purchase, possess, manufacture, transport
or deliver synthetic cannabinoids.
2:44:18 PM
SENATOR MEYER noted the letters of support from the City of
Anchorage, the Mental Health Board, and numerous public safety
groups.
SENATOR WIELECHOWSKI asked for his thought process in
classifying this as a schedule IIA controlled substance.
SENATOR MEYER said the Anchorage municipal prosecutor recognizes
that a Schedule III classification might be more in line with
the substance itself and therefore more likely to be enforced
and prosecuted, but he favors the tougher felony sentencing
under Schedule II. He deferred to the committee to decide which
classification would be most appropriate.
CHAIR FRENCH asked if the Municipality of Anchorage classifies
drugs or prescribes either an A or B misdemeanor.
SENATOR MEYER replied there's a $50 fine for the first violation
and $300 for the second.
CHAIR FRENCH pointed out that the options range from a traffic
ticket sort of penalty to a serious felony.
SENATOR WIELECHOWSKI asked if there's a way to test that someone
was driving under the influence of a synthetic cannabinoid; and
could a person be arrested for driving under the influence of
this substance given the current DUI laws.
2:48:21 PM
SENATOR MEYER said that's part of the current frustration.
Officers know that these drivers are impaired, but they aren't
intoxicated so proof is difficult. He noted that the crime lab
submitted a fiscal note asking for one additional position and
some money to begin testing for synthetic cannabinoids.
2:49:24 PM
CHRISTINE MARASIGAN, staff to Senator Meyer, added that the
municipal prosecutor has said that synthetic cannabinoids don't
show up on the normal drug panel, but there are ways to test for
it. The real frustration for law enforcement is that this isn't
a controlled substance so there is no recourse for follow-up
when a driver is obviously impaired.
CHAIR FRENCH recalled reading about cases involving bad driving
near the entrance to the military base in Anchorage.
MS. MARASIGAN confirmed that there were several highly
publicized instances of people in Anchorage driving under the
influence of synthetic cannabinoids. These cases spurred the
municipality to pass an ordinance banning it.
2:51:59 PM
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law (DOL), said DOL believes it's a good idea to
schedule this drug, but it does have concern that it get into
the right schedule. Generally, the Legislature uses scientific
rather than anecdotal evidence to schedule a drug according to
the harm it does to the individual and the public. But DOL
hasn't heard any scientific evidence to indicate one particular
schedule over another, and it would be up to the department to
defend the classification on a Raven type challenge because
these are cannabinoids. While there's been testimony that it is
more potent than marijuana, that's anecdotal at this point. She
suggested the committee consider that marijuana is currently a
schedule VIA drug and that schedule III currently has a couple
of other similar synthetic cannabinoids. Right now, it's not
illegal to use these substances; if they're put in schedule II,
possession of any amount would be a felony. Scientific
justification should be in the legislative record.
SENATOR PASKVAN asked if it would be a violation of the DUI
statute if someone were to consume synthetic alcohol. He added
that it's in powered form.
MS. CARPENETI said she had never heard of synthetic alcohol, but
she did know that the ABC Board doesn't control powdered
alcohol.
2:55:24 PM
SENATOR WIELECHOWSKI asked why she thinks the supreme court
would say that Raven would not apply to this substance.
MS. CARPENETI said DOL's concern is that the court would
question why it's in schedule II if it's a synthetic form of
marijuana.
CHAIR FRENCH said even if it's Raven qualified a person could
only use small amounts at home; someone who drives after using
marijuana is guilty of DWI.
MS. CARPENETI agreed.
SENATOR WIELECHOWSKI asked where DOL believes this belongs in
the schedule.
MS. CARPENETI replied it would be more logical if it were in
schedule III because the synthetic cannabinoids nabilone and
marinol, as well as hash, hashish oil and tetrahydrocannabinols
are already in Schedule IIIA.
2:58:48 PM
SENATOR WIELECHOWSKI asked if every year the Legislature could
expect to add to the schedules as new compounds are developed.
CHAIR FRENCH asked how quickly these sorts of compounds evolve.
If these are outlawed will there be a new formulation of K2 on
the market in six months?
MS. CARPENETI replied she wouldn't be surprised if that were to
happen.
2:59:42 PM
QUINLAN STEINER, Public Defender, Public Defender Agency, stated
that he too is concerned about the proposed schedule IIA
classification because the very lowest level of possession would
be a class C felony. He pointed out that there doesn't appear to
be any record establishing departure from marijuana as schedule
VIA or synthetic cannabinoids as schedule IIA, and departing
without an adequate record ultimately compromises the
credibility of the system. He noted that previous testimony
indicated that this particular substance is a problem because
it's legal to sell in shops and that making it illegal would
likely solve the problem. Whoever makes this material will move
on to make another substance. He again cautioned against
departing from what is currently a VIA of IIIA controlled
substance.
CHAIR FRENCH said he gets the point; it will disappear once
merchants stop carrying it.
SENATOR WIELECHOWSKI asked if the public defender office sees
many cases involving these substances.
MR. STEINER answered no; he only heard about it three or four
months ago.
3:02:03 PM
CHAIR FRENCH announced that he would hold public testimony open.
SENATOR WIELECHOWSKI said he'd like to have a policy discussion
on the record about where the state is headed with regard to the
control of these sorts of substances.
CHAIR FRENCH announced he would hold SB 17 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 17 Sponsor Statement version A.pdf |
SJUD 2/21/2011 1:30:00 PM |
SB 17 |
| SB 17 US DeptofJustice DEA News Release.pdf |
SJUD 2/21/2011 1:30:00 PM |
SB 17 |
| SB 17 NCSL Pending Legislation on Synthetic Cannabinoids by State as of 01.18.2011.pdf |
SJUD 2/21/2011 1:30:00 PM |
SB 17 |
| SB 17 NCSL Synthetic Cannabinoid State Laws as of 01.18.2011.pdf |
SJUD 2/21/2011 1:30:00 PM |
SB 17 |
| SB 17 Support Letter APOA AACP WPA.pdf |
SJUD 2/21/2011 1:30:00 PM |
SB 17 |