Legislature(2007 - 2008)BELTZ 211
04/27/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing, Board of Governors of the Alaska Bar Association | |
| Confirmation Hearing, Violent Crimes Compensation Board | |
| Confirmation Hearing, Commission of Judicial Conduct | |
| Confirmation Hearing, Alaska Judicial Council | |
| SB141 | |
| SB38 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 38 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 141 | ||
SB 38-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
2:32:44 PM
CHAIR FRENCH announced the consideration of SB 38.
SENATOR THERRIAULT, sponsor of SB 38, said Mr. Stancliff would
introduce the bill.
DAVE STANCLIFF, Staff to Senator Therriault, said the bill will
add Salvia divinorum, the most potent naturally occurring
hallucinogenic substance on the planet, to the state's list of
controlled substances. He cited cautionary testimony from users
and said that young people in particular are being targeted. The
problem law enforcement has with this substance is that it can't
be detected in the bloodstream. Another problem is that it's
readily available over the Internet and Alaska is considered to
be a "green-light" state for shipping the substance. In fact
it's being sold down the street and in other places around the
state as incense. Indications are that shipments stop or are
much reduced when an area becomes "red-light." Simply because
the substance can't be identified in the bloodstream should not
be an impediment to saying that Alaska is not a place to sell
Salvia divinorum.
SB 38 simply places Salvia divinorum on same schedule II list as
peyote, mescaline and LSD. This is not a safe drug, he
concluded.
2:39:26 PM
CHAIR FRENCH recalled the bill coming through judiciary last
year but he didn't recall its presence in local head shops. He
asked if this is a new phenomena.
MR. STANCLIFF replied he discovered one shop in Anchorage and
one in Fairbanks. Since that time a number of other locations
have the substance including one down the street here in Juneau.
It's a fairly good source of revenue. You can buy the leaf, the
plant, or the extract. Use is proliferating and youths are being
targeted. Many experienced "mind travelers" warn against its
use, particularly for youths. But there is support for allowing
people over age 18 to use the substance. That's a policy call
you have to think about, he said.
2:41:38 PM
SENATOR McGUIRE asked if the problem is that law enforcement
can't stop sales because there's nothing on the books about the
substance.
MR. STANCLIFF said that is the problem; currently there is
nothing that would allow interdiction.
SENATOR McGUIRE suggested it might be time to consider an
ability for the Department of Public Safety to use something
like the emergency regulation process before going to the
legislature for a full vetting.
MR. STANCLIFF said an advantage to law enforcement is that it is
very difficult to grow Salvia divinorum in places that it
doesn't occur naturally. If Alaska were to become a "red-light"
state it would be easier to control than a substance that
readily grows here.
2:44:56 PM
CHAIR FRENCH questioned why the federal government hasn't taken
any action on this substance.
MR. STANCLIFF answered it is on the Drug Enforcement
Administration (DEA) watch list and federal legislation is being
considered. Also, the Navy bans this substance as part of its
administrative code. "I think they're just lagging behind the
states…and the states aren't waiting," he added.
CHAIR FRENCH pointed out that the substance is legal today.
Passing this law means that in 90 days it would be a B felony to
possess and an A felony to sell or distribute. It seems as
though we've either severely under reacted on one side or we're
about to severely over react on the other, he said.
MR. STANCLIFF said he isn't sure what happened with regard to
transition periods when other psychotropic substances were made
illegal. There is an increased awareness and he knows that
Internet sites warn that Alaska is looking at outlawing the
substance. Currently someone could argue that they thought the
substance was sage and they'd have a good shot at a successful
defense because the best chemists at the state lab can't
identify the psychotropic substance from the plant.
CHAIR FRENCH clarified that the penalty for a C felony is 0-5
years with no presumptive sentence. The penalty for a B felony
is 0-10 years with no presumptive sentence, but there's a
guideline for serving. Referring to the statement that the lab
can't identify the substance, he questioned how the crime could
be prosecuted.
MR. STANCLIFF said a lab can identify the substance that causes
the psychotropic reaction. The chemical and botanical difficulty
is to identify that particular plant among thousands in the sage
family.
2:49:08 PM
SENATOR WIELECHOWSKI referred to an article that says that
Salvia divinorum has medical and research value. Noting that
it's potentially being used as a non-addictive painkiller, for
Alzheimer's disease, and mental illness he asked if this bill
would ban medical use or research.
MR. STANCLIFF said no. In fact this is the only substance of its
kind that promises to help people who have addictions to more
serious substances. On the other side there's evidence that it
exacerbates depression. It is an unpredictable substance and
very little is known about it. Error on the side of caution, but
keep the door open for medical and scientific purposes, he said.
SENATOR McGUIRE added there is nothing in the substance schedule
that prohibits prescription. The bill says the penalties come
into play unless the substance is prescribed. I don't see a
problem as long as research and prescription by a licensed
physician aren't prohibited.
CHAIR FRENCH observed that if the state makes the substance
illegal, head shops will stop carrying it and the market will
evaporate.
SENATOR McGUIRE suggested the committee consider an effective
date to allow the public time to learn about the change in law.
Intent language could also be added to make folks as aware as
possible.
CHAIR FRENCH brought up the topic of an effective date.
SENATOR THERRIAULT said his sense is that a limited number of
sites within the state are selling the substance so a long
period isn't necessary.
CHAIR FRENCH agreed that 90-days would do it.
2:53:39 PM
SENATOR THERRIAULT noted that the poison quarterly newsletter
warns against using Salvia divinorum. "There's a lot of alarming
information about this and the power of this drug so I think
it's advisable that we do take the step that is suggested in the
legislation today," he stated.
CHAIR FRENCH said he supported the bill in a previous session.
Finding no further questions or testimony he closed public
testimony.
SENATOR McGUIRE motioned to report SB 38 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, it was so ordered.
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