Legislature(2017 - 2018)BUTROVICH 205
02/08/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 20 | TELECONFERENCED | |
SB 20-LIST U-47700 AS A CONTROLLED SUBSTANCE
1:31:46 PM
CHAIR WILSON announced the consideration of SB 20.
1:32:15 PM
SENATOR KEVIN MEYER, sponsor of SB 20, Alaska State Legislature,
Juneau, Alaska, set forth that SB 20 would classify "U-47700," a
synthetic opioid commonly known as "Pink" or "U4," as a Schedule
IA controlled substance. He noted that U-47700 is eight times
more powerful than heroin. He detailed that research on U-47700
was started in the 1970s and patented, but never approved for
human testing or consumption.
He said currently there is a demand for opioids. He revealed
that labs in China are busy making U-47700 and selling them in
great quantities online. He warned that U-47700 is very deadly
and noted that the national-enforcement agency reported 45
fatalities thus far linked to the drug since 2015 with 3
confirmed deaths in Alaska. He said the federal government has
issued a temporary placement for U-47700 into Schedule I due to
the eminent hazard to public safety.
He stated that everyone is painfully aware of the opioid crisis
happening not only nationwide, but in Alaska as well. He
remarked that he does not think a day goes by without hearing
about somebody's house or car getting broke into, or somebody
getting held up so that people can get money to support their
opioid habit.
He urged the committee to pass SB 20 and classify U-47700 as a
Schedule IA substance so that law enforcement can go after those
who are selling, using, purchasing, possessing, manufacturing,
and transporting the synthetic opioid in Alaska. He set forth
that his preference is to go after those who purchase in large
quantities for the purposes of selling, but the bill would also
allow those who possess and use the drug to be charged.
1:35:30 PM
SENATOR VON IMHOF thanked Senator Meyer for bringing the bill
forward. She pointed out that a slight chemical change and the
drug is no longer identified as U-47700. She asked how much
flexibility is allowed in a drug's composition for its statutory
identification as U-47700 to continue.
SENATOR MEYER noted that Senator von Imhof's question addresses
an ongoing frustration. He related that he has brought many of
synthetic drug bills forward that addressed synthetic marijuana,
also known as "Spice," and synthetic cocaine, which is derived
from bath salts. He remarked that the impression is the
Legislature is constantly chasing its tail because chemicals are
simply changed once laws on synthetic drugs are tightened up. He
insisted that the Legislature keep "chasing its tail" because he
noted that changing chemical compounds takes a while. He
admitted that he did not know how much chemical flexibility
there was in the state's regulations. He suggested that Dr.
Butler address Senator von Imhof's question.
1:37:01 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, Juneau, Alaska, recommended that Mr. Charles Foster
with the Scientific Crime Detection Laboratory - Department of
Public Safety address Senator von Imhof's question as well.
SENATOR VON IMHOF pointed out that U-47700 was created and
patented by a doctor in 1976. She surmised that the drug's
chemical composition was posted with the patent office and was
readily accessible on the internet. She asked if there have been
efforts to redact portions of patented chemicals to avoid the
ability for drugs to be copied.
MS. MARASIGAN replied that patents are public information that
is not exact. She noted that redacting information may actually
harm people because labs may produce riskier drugs due to
partial information. She revealed that labs were also disguising
copied drugs and selling them as something else.
1:39:39 PM
CHARLES FOSTER, Chemistry Supervisor, Scientific Crime Detection
Laboratory, Alaska Department of Public Safety, Anchorage,
Alaska, explained that U-47700 is specific to only one chemical
structure and no other analogs of similar chemicals.
SENATOR BEGICH asked what the level of use of Pink was in the
state.
1:41:11 PM
DR. JAY BUTLER, Chief Medical Officer, Alaska Department of
Health and Social Services, Juneau, Alaska, opined that the
state is seeing the "tip of the iceberg" regarding U-47700. He
revealed that three-overdose cases have been identified and
occurred in different parts of the state which suggests that the
drug is fairly prevalent.
SENATOR BEGICH asked if there has ever been an attempt made to
pass legislation that also included derivatives of drugs like U-
47700.
DR. BUTLER replied that there has been some legislation in
Texas, but the legal analysis continues. He noted that the
federal government approaches the situation with emergency
regulatory authority and that was the way U-47700 ended up on
the federal controlled substances list. He noted that Alaska
does not have emergency regulatory authority, but an option to
consider to make the state more agile. He concurred with Mr.
Foster that U-47700 is a specific chemical structure.
1:44:59 PM
SENATOR MICCICHE noted that the United Nations Commission on
Narcotic Drugs estimates that new psychoactive substances are
emerging globally at an average rate of one-per-week. He
inquired if there is a better way to go to either an automatic
adherence to the federal Schedule I which does include U-47700,
or to include verbiage about all non-prescriptions synthetic
opioids. He pointed out that Senator Meyer referenced the
chasing around of Spice for years and opined that a better
catchall may be to include the verbiage on non-prescription
synthetic opioids.
DR. BUTLER agreed that what the state currently has is not agile
enough to even begin to keep pace with the ability of the
chemists. He concurred that Senator Micciche's approach would
certainly be another viable option, but deferred to his
colleagues in law and public safety who actually have to use the
drug laws for prosecution purposes.
SENATOR MICCICHE asked Mr. Foster to address his question
regarding a catchall for non-prescription synthetic-opioid
derivatives.
MR. FOSTER replied that the current law for substituted
cathinones is similar to Senator Micciche's inquiry. He opined
that the law for substituted cathinones works as a larger "net"
for catching a lot of new compounds, but the difficult part is a
pretty good knowledge of chemistry is required to interpret
whether or not a compound is indeed fitting what is written in
statutes.
1:47:52 PM
SENATOR MICCICHE remarked that there has to be a better system
to address drugs rather than naming each substance. He
reiterated that new drugs are emerging globally on an average of
one-per-week.
CHAIR WILSON replied that he agreed with Senator Micciche.
SENATOR GIESSEL pointed out that the bill addresses Schedule IA,
which means Alaska's scheduling of drugs are referenced. She
detailed that Schedule I drugs are very dangerous, have no
therapeutic use, and have a high risk of side effects. She noted
that two drugs, fentanyl and methadone, are listed as Schedule
IA in Alaska, but federal law are Schedule II for the same drugs
and are thus prescribable by a clinician with a DEA number. She
continued as follows:
So this bill refers to a slightly different list than
perhaps you are thinking of in federal law, so that's
just a nuance here. I agree with Senator Micciche, a
more nimble way to take care of this kind of stuff,
these illegal drugs, but this is probably not the
method.
1:49:56 PM
CHAIR WILSON opened public testimony on SB 20.
1:50:08 PM
KATE BURKHART, Executive Director, Alaska Mental Health Board
and Advisory Board on Alcoholism and Drug Abuse, Alaska
Department of Health and Social Services, Juneau, Alaska,
addressed recommendations from the Alaska Opioid Policy Task
Force as follows:
Given that your conversation has moved toward the idea
of how can we be more nimble in addressing emerging
public health dangers such as synthetic opioids and
other synthetic substances of abuse, I would be remise
if I did not mention that one of the recommendations
of the Alaska Opioid Policy Task Force; which was a
joint effort of the Division of Public Health, the
Advisory Board on Alcoholism and Drug Abuse, the
Alaska Mental Health Trust Authority, and Senator
Giessel participated. One of those recommendations is
to provide for a mechanism like Dr. Butler described
that the U.S. Drug Enforcement Agency uses for
emergency regulatory action when there is an emerging
public health danger posed by some sort of synthetic
substance. We don't have that ability right now in
Alaska, so we rely on proactive legislators to address
those concerns, but there is a consensus
recommendation from the Alaska Opioid Policy Task
Force that this would be a way that we could pounce on
things earlier rather than waiting until January every
year to get ahead of those things and to give law
enforcement the tools they need to move forward. Given
that I had the opportunity to work with the task force
I felt like we just put that into the universe, it is
not a recommendation related to this bill at all, we
appreciate the bill, but since your conversation led
there I thought I would add that to the mix.
1:52:38 PM
CHAIR WILSON closed public testimony on SB 20.
1:52:57 PM
SENATOR GIESSEL moved Amendment 1.
30-LS0319\A.1
Martin
2/7/17
AMENDMENT 1
OFFERED IN THE SENATE
TO: SB 20
Page 1, line 1, following "substance;":
Insert "classifying tramadol and related substances as
schedule IVA controlled substances;"
Page 4, following line 29:
Insert a new bill section to read:
"Sec. 2. AS 11.71.170 is amended by adding a new
subsection to read:
(g) Schedule IVA includes, unless specifically
excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which
contains any quantity of the following substance or
its salts calculated as the free anhydrous base or
alkaloid: 2-[(dimethylamino)methyl]-1-(3-
methoxyphenyl)cyclohexanol, its salts, optical and
geometric isomers, and salts of these isomers,
including tramadol."
Renumber the following bill section accordingly.
1:53:11 PM
At ease.
1:54:20 PM
CHAIR WILSON called the committee back to order. He announced
that before taking up the amendment, Ms. Marasigan has asked to
address earlier questions from committee members.
MS. MARASIGAN noted a previous inquiry about chemical
composition "wiggle room" on deciding whether a specified
material is a Schedule I drug. She revealed that Section 1 in SB
20 covers opiates and opiate variants: isomers, esters, and
salts.
She addressed a more nimble regulatory process query and noted
that some states have an emergency-regulatory board that enact
emergency-schedule materials until the next legislative session.
She added that fast-track legislation is a similar consideration
where substance-abuse advisory boards are involved until a
legislature catches up.
She cautioned on the danger of putting a material on the
controlled substance list without testimony and public input in
order to avoid putting something on the list that does not need
to be there.
SENATOR MICCICHE stated that he heeded Ms. Marasigan's warning,
but pointed out that the Legislature finally addressed the Spice
issue saying that anything within set parameters would be
regarded as a synthetic drug that is illegal in Alaska. He
opined that a balance probably exists to put parameters around
the ability to create emergency authority to see if there is
something in between that might be more effective. He said he
would work with Senator Meyer should he consider an amendment to
the bill.
1:57:50 PM
SENATOR MEYER pointed out that Spice, the synthetic cannabinoid,
was a little easier to deal with because the Legislature went
after the packaging of something that was being sold as incense
that obviously had nothing to do with incense. He noted that
bath salts presented a similar situation, but conceded that the
problem has gone from synthetic cocaine from bath salts to
heroin, which is worse. He agreed with Ms. Marasigan that making
something a crime warrants a deliberate process. He said there
is probably a better way and he is open to any suggestions the
committee may have.
CHAIR WILSON asked Captain Duxbury from the Statewide Drug
Enforcement Unit for his comments on some of the drug
enforcement issues, challenges or successes.
1:59:48 PM
MICHAEL DUXBURY, Captain, Statewide Drug Enforcement Unit,
Alaska State Troopers, Anchorage, Alaska, addressed federal
spending and explained that federal scheduling has minimums that
are quite high for Alaska; however, the state is affected due to
its small population with a wide distribution area. He explained
that Alaska needed the ability to perform operations that could
target some of the issues going with Pink or U-47700. He noted
that another dynamic is that Pink or U-47700 is readily
available on the internet and certain types of retail outlets in
Alaska. He asserted that the drug's ability to have a negative
impact on the state is significant and even small amounts are
worth the Statewide Drug Enforcement Unit to pay attention to
the drug because of its lethality.
He disclosed that he had discussions with an expert chemist as
well as a Drug Enforcement Administration (DEA) chemist
regarding coverage of isomers, salts and esters. He disclosed
that the chemists believed that the state's attempt would be a
pretty good attempt; however, not all situations would be
covered.
2:02:43 PM
SENATOR MICCICHE remarked that Alaska is seeing a dramatic
explosion in heroine, synthetic opioid, and prescription opioid
distribution and abuse. He noted that the drugs can my ordered
online and asked if the department has an effective way to
interrupt the flow into Alaska.
CAPTAIN DUXBURY concurred that the situation Senator Micciche
addressed is a tremendous problem. He said the state is being
exploited by individuals that realize illicit substances can
bring up to three times more money in Alaska. He revealed that
organized-crime gangs from the Lower 48 are exploiting the
state's vulnerable communities. He detailed that the Statewide
Drug Enforcement Unit is concentrating on those places that are
"hubs" in the state. He said due to budgetary constraints, the
unit does not have the resources for a broader approach. He
disclosed that in order to deal with its resource constraints,
the unit tries to find collaborative and cooperative partners in
any and every avenue. He asserted that the state cannot arrest
its way out of the problem. He said as much as the need for
enforcement, the state has to have social and educational
programs in addition to more deterrence for consumption.
SENATOR BEGICH said he recognized the prevention end that
Captain Duxbury noted, but wondered if a more nimble process
from emergency regulation would help the enforcement end for the
Statewide Drug Enforcement Unit.
CAPTAIN DUXBURY replied yes.
2:05:50 PM
SENATOR MEYER remarked that he is very frustrated about the
topic and believes everybody is as well. He noted that drug-
related crimes are prevalent throughout Alaska on a daily basis.
He concurred with Senator Micciche that the demand is out there
for synthetic drugs, heroine, or prescription drugs. He remarked
that as long as the demand for drugs is out there, people are
going to provide it and the state will have an ongoing problem
with public safety, judiciary, and trying to fight it. He opined
that the state can build more treatment and rehab centers;
however, they only help people who want help. He said he is
frustrated on how to reduce the demand for drugs and thinks that
better education and keeping topics like what the bill addresses
out in the forefront to the public is needed.
CHAIR WILSON asked that Senator Giessel address Amendment 1.
2:07:45 PM
SENATOR GIESSEL reintroduced Amendment 1, [30-LS0319\A.1]. She
stated that the issue that is illuminated in SB 20 is extremely
important. She said as a side comment, Ms. Burkhart and Dr.
Butler have both eluded to the Alaska Opioid Policy Task Force
and asserted that the committee would find the task force's
recommendations very interesting. She said the recommendations
certainly apply to content of SB 20, but also apply to Amendment
1. She detailed that Amendment 1 would move tramadol [to another
drug schedule.]
CHAIR WILSON asked if there was an objection to Amendment 1.
SENATOR GIESSEL objected for discussion purposes. She detailed
that Amendment 1 would place tramadol as Schedule IVA controlled
substance in Alaska statute. She explained the reasons for the
schedule change as follows:
· DEA placed tramadol on Schedule IV in 2014.
· Tramadol is an "analgesic" opioid-like drug that is used to
relieve pain.
· Tramadol has shown to cause serious side effects and be
addictive.
· Other countries and states in the U.S. have classified
tramadol as a controlled substance.
· Health-care professionals have provided letters of
recommendations to place tramadol on the Schedule IV
substance list.
· Tramadol would be placed on the state's prescription-drug
monitoring system to identify potentials for abuse.
SENATOR GIESSEL detailed that lines 2 and 3 in the amendment
would bring forth an addition to the title of the bill because
the change is not a Schedule I, but a Schedule IV. She added
that lines 8-12 is a new subsection that would list tramadol in
state statute.
SENATOR MICCICHE asked for additional information on tramadol,
specifically about its abuse.
2:11:58 PM
SENATOR GIESSEL detailed that in 2010 there were more 16,000
visits to emergency rooms in the U.S. that resulted from the
non-medical use of tramadol. She added that tramadol has
significant withdrawal side effects that could result in
emergency-room visits.
CHAIR WILSON asked if anyone had additional information on
tramadol that could be shared with committee members.
CAPTAIN DUXBURY addressed western Alaska and noted that
investigators have seen a significant amount of tramadol being
sold for approximately $2.00 to $2.50 per milligram. He detailed
that there have been 11 incidences of capturing tramadol in hub
locations where 6,000 dosage units were seized prior to
distribution to villages. He concurred with Senator Giessel's
previous comments that tramadol has an overdose effect. He
revealed that tramadol has been substituted when opioids are
hard to obtain. He emphasized that tramadol is being abused on a
regular basis.
2:14:30 PM
DR. BUTLER added that tramadol has a "double whammy" where an
opioid-type effect is caused that includes respiratory
depression, toxicity on the liver such that people develop
extremely low blood sugar, and seizures.
SENATOR BEGICH asked Dr. Butler if he supported Amendment 1.
DR. BUTLER answered yes.
SENATOR GIESSEL removed her objection to Amendment 1.
CHAIR WILSON announced that without objection, Amendment 1 is
adopted.
2:16:06 PM
CHAIR WILSON stated he would hold SB 20 in committee. He
announced that a committee substitute will be introduced at the
next committee meeting.
SENATOR BEGICH asked if other committee members intended to
present an amendment related to "regulatory" because he would
support an amendment or a separate piece of legislation.
SENATOR MICCICHE explained that he will do further
investigation. He stated that his intent is to be effective and
make the right choice.
He said he had another question for Captain Duxbury and asked
what detection methods are used for drug trafficking. He
inquired if dogs were used for drug detection. He opined that
the constitution will sometimes get in the way of effective
drug-trafficking management. He lauded Captain Duxbury for his
hard work, but conceded that the state is currently in the
"losing column."
2:18:01 PM
CAPTAIN DUXBURY revealed that canine-scent detection teams are
not trained for tramadol. He addressed Senator Micciche's
comment regarding being in the "losing column" and noted that
the number of people in the Statewide Drug Enforcement Unit are
a fraction of what he was used when he started. He reiterated
that the state cannot arrest its way out of its drug problem. He
thanked Dr. Butler for his service on the Alaska Opioid Policy
Task Force and reiterated that collaboration is the only way
under the current budget constraints to able to make a dent. He
noted that the state has some finite drug-transport conduits as
opposed to the Lower 48 and the unit tries to work together with
the Department of Transportation and commercial airlines.
SENATOR GIESSEL remarked that the discussion around SB 20 and
the expert testimony highlighted how important the subject is to
committee members. She reiterated that having Ms. Burkhart and
Dr. Butler back before the committee to address what the Alaska
Opioid Policy Task Force did during the previous summer was
important. She noted that Senator Meyer brought up the idea of
prevention and revealed that prevention was an aspect of the
discussions that the task force addressed as well. She pointed
out that Alaska is number one in substance abuse, alcohol
substances, and behavioral health issues. She opined that
committee members would have a lot of great ideas for
legislation after hearing the report of the Alaska Opioid Policy
Task Force.
CHAIR WILSON agreed with Senator Giessel. He noted that the
committee will hear an overview on the science of addiction at
an upcoming meeting to start the discussion for positive
solutions regarding opioid and other types of addiction issues
that are facing the state.
[SB 20 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 20 Version A.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| SB 20 Bill Hearing Request Memo SHSS.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| SB 20 Sponsor Statement Version A.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| Fiscal Notes SB 20.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| SB 20 Support Material Federal Register DEA-440.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| SB 20 Letter of Support DPoL Attorney General.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| SB 20 Letter of Support ABADA AMHB Executive Director.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |
| SB 20 Letter of Support DHSS Chief Medical Officer.pdf |
SHSS 2/8/2017 1:30:00 PM |
SB 20 |