Legislature(2017 - 2018)BELTZ 105 (TSBldg)
02/20/2017 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB20 | |
| SB6 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 20 | TELECONFERENCED | |
| + | SB 6 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 20-LIST U-47700 AS A CONTROLLED SUBSTANCE
1:36:57 PM
CHAIR COGHILL announced the consideration of SB 20. [This is the
first hearing and CSSB 20(HSS) is before the committee.]
1:37:27 PM
SENATOR KEVIN MEYER, sponsor of SB 20, introduced the bill
speaking to the following sponsor statement:
SB 20 would update the State of Alaska controlled
substance list by adding two drugs. First, SB 20 would
classify U-47700, a synthetic opioid commonly known as
pink or U4, as a schedule IA controlled substance.
Secondly, SB 20 would add Tramadol, an opioid pain
medication available through prescription as a
schedule IVA controlled substance.
U-47700 was a research chemical created and patented
in the United States in the 1970s. It was never tested
on humans and was not manufactured for public
consumption. Drug labs in China now produce this drug
and sell it online to people who purchase it as an
inexpensive alternative to other drugs. This synthetic
opioid is eight times more potent than morphine and
according to the Drug Enforcement Administration (DEA)
it is the cause of 46 overdose deaths from 2015 to
2016. The State of Alaska Epidemiology Bulletin has
attributed U-47700 to three drug overdose deaths in
Alaska.
Tramadol was created by a German drug company in 1962.
Tested for over 15 years, it was approved for the
foreign market in 1977. Tramadol is widely prescribed
for pain relief and became available in the United
States in 1995. Because of its low dosage-
approximately one tenth the strength of morphine-
Tramadol was thought to be a benign pain reliever.
However, as prescriptions have risen in the United
States there are more and more reports of Tramadol
dependency, abuse, withdrawal, and stealing of this
prescription medication.
The DEA [Drug Enforcement Agency] temporarily
scheduled U-47700 as a schedule I controlled substance
in 2016. Tramadol was classified as a schedule IV
controlled substance in August of 2014. Should SB 20
pass, Alaska State Statutes will be up-to-date with
the federal scheduling of these two substances. This
bill will allow drug enforcement agencies to limit the
unlawful sale, use, purchase, possession, manufacture,
transport or delivery either drug in the State of
Alaska.
SENATOR MEYER related that Senator Giessel amended the bill in
the Senate Health and Social Services Committee, adding Tramadol
to the controlled substance list. He highlighted that the bill
is in keeping with the Governor's recent disaster declaration on
the opioid epidemic in Alaska.
CHAIR COGHILL listed the individuals available to answer
questions and then recognized Ms. Marasigan.
1:43:21 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, said the
Senator outlined that SB 20 adds the opioid U-47700, also known
as pink, and Tramadol to the controlled substances list. She
noted additional people available to answer questions.
1:38:59 PM
SENATOR KELLY joined the committee.
SENATOR WIELECHOWSKI asked if Tramadol would still be available
by prescription if the bill were to pass.
MS. MARISIGAN answered yes.
SENATOR WIELECHOWSKI asked if it would be a class C felony to
unlawfully possess Tramadol, if the bill were to pass.
MS. MARISIGAN answered yes.
SENATOR WIELECHOWSKI asked how that compares to other opioids
the legislature acted on in Senate Bill 91.
MS. MARISIGAN replied the classification for U-47700 would be
like other opioids, whereas Tramadol would have a lower
classification.
SENATOR WIELECHOWSKI expressed interest in receiving more
specific information on how these drugs would be ranked compared
to those addressed in Senate Bill 91.
CHAIR COGHILL asked if the penalty for unlawful possession of
controlled substances listed in AS 11.71.140(c) would be based
on dosage.
MS. MARISIGAN said that's her understanding but she would defer
to Kaci Schroder from the Department of Law.
CHAIR COGHILL asked if other states have added both U-47700 and
Tramadol to their controlled substance lists.
MS. MARISIGAN explained that, because it is so lethal, several
states placed U-47700 on emergency schedule before the Drug
Enforcement Agency placed it on a temporary schedule for 18
months. Once that time is up, the DEA will need to decide to
either extend the temporary schedule or pass the law to make it
a controlled substance. The Drug Enforcement Agency listed
Tramadol in 2014 on the recommendation of the Opioid Task Force.
When Tramadol was first introduced in the U.S. it didn't appear
to present a problem because the opioid dosage was so small.
However, as recently as 2010 some pharmacy reports indicate that
up to 16,000 people are adversely affected by this drug, and
other experts have said that the drug is being diverted.
CHAIR COGHILL asked to hear from the Alaska State Troopers on
that point.
1:48:10 PM
CAPTAIN MICHAEL DUXBURY, Support Services, Alaska State
Troopers, Department of Public Safety (DPS), Anchorage, Alaska,
stated that he is the supervisor for the Alaska Statewide Drug
Enforcement Agency. He reported that a significant amount of
Tramadol and other drugs are being sent to Western Alaska for
illegal use. A significant concern is that while the DEA has
scheduled the drug, it is at a dosage that makes it difficult to
impossible for local law enforcement to a federal case. Adding
the drug to the state schedule will give some ability to stem
the tide of abuse and diversion to Western Alaska and other
locations throughout the state.
SENATOR WIELECHOWSKI asked what the current penalty is for
illegally possessing Tramadol and if it would become a class A
misdemeanor if SB 20 were to pass.
CAPTAIN DUXBURY said he believes that is correct. Under current
law, possession without a prescription falls into a diverted
situation and there is little enforcement. Placing it on the
schedule will provide opportunity for some enforcement.
CHAIR COGHILL asked what the usual dose is for prescription use
as opposed to the dose for diversionary use.
CAPTAIN DUXBURY explained that when the drug is used for
diversionary purposes it is sold in bulk, not in a labeled
prescription bottle. He deferred the question about the dose of
an individual prescription to a medical professional.
CHAIR COGHILL asked Captain Lowden if he could answer.
1:52:05 PM
CAPTAIN DAN LOWDEN, Deputy Commander, Central Office, Department
of Public Safety (DPS), Anchorage, Alaska, said Captain Duxbury
is the expert and he has been deferring to him.
CHAIR COGHILL asked if increasing the penalty for illegal sale
of these two drugs based on volume would make it easier for law
enforcement.
CAPTAIN DUXBURY confirmed it would be easier.
CHAIR COGHILL said he'd ask the Department of Law to opine on
that, and noted that his staff had directed attention to the
appropriate statute.
SENATOR WIELECHOWSKI questioned why the fiscal notes from the
Department of Public Safety (DPS) and the Department of
Corrections (DOC) were zero instead of indeterminate. "Is the
assumption that we will not arrest anyone because of this?"
MS. MARASIGAN said the individual departments could address the
fiscal notes. Addressing the question about penalties based on
volume or quantity, she explained that distribution of more than
a gram or more than 25 tablets of a schedule IA drug is a class
C felony. Possession of any amount of a schedule IA controlled
substance is a class A misdemeanor.
SENATOR WIELECHOWSKI asked if it was her understanding that the
federal government would pick up the cost if somebody was
imprisoned under federal law.
MS. MARASIGAN deferred the question to the Department of Law.
CHAIR COGHILL suggested the Department of Law respond to the
last two questions.
1:55:15 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law, introduced herself.
SENATOR WIELECHOWSKI asked why the fiscal notes from DPS and DOC
are zero rather than indeterminate; and if the federal
government would pay the costs of imprisonment if this were left
as a federal violation.
MS. SCHROEDER confirmed that if the federal government were to
decide to prosecute either substance, they would be responsible
for the costs of the prosecution and imprisonment. The issue
with putting these drugs on an Alaska schedule is that the state
must dedicate resources to control the substances. The advantage
is that the state would have control over enforcement.
CHAIR COGHILL asked if the state penalty is commensurate to the
federal penalty.
MS. SCHROEDER offered her understanding that federal penalties
have a broader range and are harsher than state penalties. "But
the state is closer to the ground and it has better enforcement
capabilities."
CHAIR COGHILL asked what insight she has about the fiscal note.
MS. SCHROEDER said the Department of Law submitted a zero fiscal
note because it doesn't anticipate asking for any additional
positions to prosecute these offenses.
CHAIR COGHILL asked Senator Wielechowski if he wanted more
specifics.
SENATOR WIELECHOWSKI asked for someone to explain what would
happen under existing law if someone was caught with Tramadol.
He assumed that the local police or a Trooper could arrest the
person and it would be up to the federal government to prosecute
using federal judicial resources and federal correction
facilities.
MS. SCHROEDER deferred to DPS to talk about the extent to which
they can enforce federal law but under current law the state
absolutely could not prosecute those offenses.
CHAIR COGHILL asked either Captain Duxbury or Captain Lowden to
talk about working with and taking on the responsibility of both
state and federal law.
CAPTAIN DUXBURY said the Department of Public Safety has a solid
relationship with the Drug Enforcement Agency, but these drugs
need to be placed on the state schedule of controlled
substances. The amount of the drug needed to make a federal case
is large compared to the small amount that can devastate the
lives of people in these small Alaskan villages. He noted that
they regularly use state statute to enforce drug laws and deter
folks from making money out of other people's misery and
weakness. He also discussed the problem that Alaska is a poly-
drug-use area.
CHAIR COGHILL said he hadn't really thought about how many drugs
will be added to each other, but if it's possible to identify
one drug more clearly than another it makes enforcement easier.
CAPTAIN DUXBURY said he agrees with the statement.
CHAIR COGHILL asked if law enforcement is alert to U-47700 and
if it can be readily identified.
CAPTAIN DUXBURY said it is readily available for purchase on the
internet and from several smoke shops. To date three deaths have
been attributed to U-4770. The Troopers and those they
collaborate with are working to keep children from experimenting
with pink and other drugs because they take away the ability for
youth to become productive members of society.
2:04:39 PM
CHAIR COGHILL said he understands that enforcement is more
difficult if the drug isn't specifically named.
CAPTAIN DUXBURY said pink is being marketed toward youth and
people with little money and he believes that the only way to
get a handle on the drug epidemic is through collaboration,
education, and legislation. He noted that pink doesn't have as
much potential for chemical change as Spice, but still "there
are several people that don't mind making their profit off of
other people's misery."
CHAIR COGHILL asked DR. Butler if he had anything to add
regarding communication.
JAY BUTLER, Chief Medical Officer, Division of Public Health,
Department of Health and Social Services (DHSS), stated that
part of the outreach has been to the clinical community to
ensure that people are aware that what may look like a
prescription opioid or heroin overdose may be something
different altogether. Also, some of the traditional drug tests
may not identify some of the newer agents. He mentioned the
deaths attributed to U-47700 statewide and nationally and opined
that the comparatively high number in Alaska is due to the fact
that Alaska has been more aggressive than other states in its
toxicologic testing through the state medical examiner's office.
Another factor is that users sometimes aren't aware that what
looks like a prescription opioid may be counterfeit. He provided
an example and said his office will continue to work with
colleagues in public safety and the Department of Law.
2:09:34 PM
CHAIR COGHILL asked Mr. Dym if there is a way for the police to
identify U-47700 without going through a long testing process.
ORIN DYM, Manager, Scientific Crime Detection Laboratory,
Department of Public Safety (DPS) said there is no field
instrument to test for U-47700, but the lab can turn controlled
substance analyses around in about 7 days. He added that the lab
can test for both U-47700 and Tramadol.
CHAIR COGHILL asked Captain Duxbury if law enforcement can
readily identify the drug.
MR. DYM replied a full analysis is necessary. In the only
instance that the lab analyzed U-4770 it was a counterfeit
tablet. The markings indicated it was oxycodone and the analysis
showed it was U-4770.
CHAIR COGHILL said he brought it up as a warning to the public.
"If they are willing to destroy your life, they're also willing
to take your money by foolery."
CAPTION DUXBURY said the other concern is that the mixture of
more powerful opioids with counterfeit drugs can be more potent
and potentially deadly.
2:14:02 PM
CHAIR COGHILL commented on the need for appropriate tools in
state law.
SENATOR MEYER opined that progress is being made on illegal drug
use but as long as there is demand there will be people willing
to make the product. He concluded that public education is
imperative in helping stop the demand and having laws in place
will keep some people from going into the business of supplying
opioids illegally.
2:17:05 PM
CHAIR COGHILL held SB 20 in committee for further consideration.