Legislature(2015 - 2016)BUTROVICH 205
02/09/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB35 | |
| Confirmation Hearings: Select Committee on Legislative Ethics | |
| SB30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 35 | TELECONFERENCED | |
| = | SB 30 | ||
SB 30-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
2:07:49 PM
CHAIR MCGUIRE announced the consideration of SB 30.
2:08:06 PM
JEFF PICKETT, Contract Attorney, informed the committee that he
graduated from the University of Washington Law School in 1996
and has practiced law in Alaska since 1998. He said he looks
forward to assisting the committee.
CHAIR MCGUIRE asked Mr. Pickett to comment on the two versions
of SB 30.
MR. PICKETT explained that the previous draft provided a
[defense] to a charge for conduct that Ballot Measure 2 made
legal. That raised concern among sponsors of the ballot measure
because that structure places the onus on the defendant to
assert a [defense]. The current version I changes the structure
and makes legal the conduct that the initiative addressed.
CHAIR MCGUIRE agreed with the summary and noted that the
previous version was described as being drafted according to the
Napoleonic Code as opposed to Angelo Saxon law. The conduct was
prohibited but a person could mount a defense. The initiative
sponsors said it placed a burden on individual Alaskans that was
not intended. The committee members in both the House and Senate
agreed unanimously there was a problem with that structure. The
current draft allows Alaskans who are age 21 and older to
possess one ounce of marijuana.
She highlighted that the current draft does not change the
marijuana definition. It does retain the references to driving
while impaired and the committee has agreed that it will use the
definition of impaired driving in current Alaska statutes. She
clarified for the watching public that on February 24, 2015 it
will not be legal to buy marijuana because there will be no
licensed establishments from which to buy it. Licensing will be
addressed in a separate piece of legislation.
CHAIR MCGUIRE solicited a motion to adopt the proposed work
draft committee substitute (CS) for SB 30.
2:16:06 PM
SENATOR COSTELLO moved to adopt the work draft CS for SB 30,
labeled 29-LS0231\I.
CHAIR MCGUIRE found no objection and version I was before the
committee.
2:16:31 PM
HILARY MARTIN, Drafting Attorney, Legislative Legal and Research
Services, Legislative Affairs Agency, explained that this draft
removes marijuana, hash, and hash oil from the controlled
substance schedule so marijuana is no longer included anyplace
the term "controlled substance" appears. She suggested that
another important change that members should carefully review is
Section 50, which creates new marijuana crimes.
SENATOR COSTELLO noted that the title of the bill has not
changed.
MS. MARTIN said she looked at the title and believes it is
fairly descriptive. She offered to look at it again if there
were any questions.
SENATOR COSTELLO responded that she raised the point as a matter
of record.
CHAIR MCGUIRE thanked Ms. Martin for her work on the bill and
welcomed Mr. Pickett to the team.
SENATOR COGHILL said that at some point he would like Ms. Martin
or Mr. Pickett to discuss the levels of proof in Section 50.
That is where he would start to review the bill.
CHAIR MCGUIRE said she likes the idea of starting with that
section because that is where marijuana starts to be regulated
like alcohol. She said she would also like the initiative
sponsors to offer their perspective. She asked the members to
think about whether the crimes and penalties are appropriate and
if they see problems arising because marijuana is no longer
classified as a controlled substance.
SENATOR MICCICHE recommended the public review the legislation
because it is a reminder of the conduct a person should not
engage in when consuming either alcohol or marijuana. For
example, it is not legal to move uphill on a tramway while
impaired by alcohol or marijuana; a nursing license may be
denied, suspended, or revoked for a person who habitually uses
alcoholic beverages or marijuana; a pawnbroker may not knowingly
complete a transaction with someone under the influence of
alcohol or marijuana.
2:28:05 PM
CHAIR MCGUIRE said the current draft is an attempt to tell the
public where marijuana use fits in society.
SENATOR MICCICHE commented that the bill appears to meet the
voters' intent to legalize the possession of up to one ounce of
marijuana, but Ravin still governs for securing marijuana. It
has to magically appear until the licensing regulations are
established.
CHAIR MCGUIRE agreed.
SENATOR MICCICHE restated that on February 24 it will be legal
to possess marijuana, but it will still be illegal to purchase
it.
SENATOR WIELECHOWSKI suggested that the committee would benefit
from input from the public about the use of medical marijuana;
giving police officers with probable cause the right to
administer a somewhat invasive test for marijuana; and the
notion of criminalizing children's conduct when the trend has
been rehabilitation and lesser penalties.
2:32:48 PM
SENATOR MICCICHE said he has heard from the public about
establishing better options for youths who use marijuana. He
asked if changes to the alcohol laws could be included in SB 30
or if it would require separate legislation.
SENATOR MCGUIRE replied anything can be put in a bill as long as
it does not violate the single subject rule. However, if there
are political ramifications it may be better in a bill by
itself.
SENATOR COGHILL offered his opinion that adding alcohol to the
title would cause problems. He acknowledged that the minor
consuming issues and the penalties and requirements in Title 4
don't always fit well.
SENATOR MICCICHE suggested it would be a good idea to keep an
eye on the progress of the administration's rewrite of Title 4
to ensure that there is consistency.
CHAIR MCGUIRE announced she would hold SB 30 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2_9_2015 CS SB30.pdf |
SJUD 2/9/2015 1:30:00 PM |
SB 30 |