Legislature(1999 - 2000)
04/28/1999 06:00 PM Senate HES
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SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
April 28, 1999
6:00 p.m.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Pete Kelly, Vice-Chairman
Senator Kim Elton
MEMBERS ABSENT
Senator Gary Wilken
Senator Drue Pearce
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94
"An Act relating to the medical use of marijuana; and providing for
an effective date."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 94 - See HESS minutes dated 3-24-99.
WITNESS REGISTER
John (Jack) Anderson
1430 W 12th
Anchorage, AK 99501
POSITION STATEMENT: Opposed to SB 94
Teresa Lyons
Alaska Nurses Association
PO Box 477
Ester, AK 99725
POSITION STATEMENT: Opposed to SB 94
Irene Alexakos
1311 Tarn
Juneau, AK 99801
POSITION STATEMENT: Opposed to SB 94
Natalie Ringland
50016 Forest Glen Street
Kenai, AK 99611
POSITION STATEMENT: Opposed to SB 94
Mark Chryson, Chairman
Alaska Independent Party
2140 Wolverine Circle
Wasilla, AK 99654
POSITION STATEMENT: Opposed to SB 94
Jim Kentch
2708 W 64th
Anchorage, AK 99502
POSITION STATEMENT: Opposed to SB 94
Neal Matson
PO Box 80888
Fairbanks, AK 99708
POSITION STATEMENT: Opposed to SB 94
Cathleen Rolph
PO Box 2943
Soldotna, AK 99669
POSITION STATEMENT: Opposed to SB 94
Annalee Owens
HC 30 Box 5423
Wasilla, AK 99654
POSITION STATEMENT: Opposed to SB 94
Don Dapcevich
State Advisory Board on Alcoholism and Drug Abuse
Box 021571
Juneau, AK 99802
POSITION STATEMENT: Commented on SB 94
Stephen Mihalik
8009 Huckleberry St.
Anchorage, AK 99502
POSITION STATEMENT: Supports SB 94
Bill Kozlowski
713 5th St.
Juneau, AK 99801
POSITION STATEMENT: Opposed to SB 94
Kathy Needles
5340 E 26th
Anchorage, AK 99502
POSITION STATEMENT: Opposed to SB 94
Roger Hansen
PO Box 84951
Fairbanks, AK 99708
POSITION STATEMENT: Opposed to SB 94
Lonnie Temple
Box 2914
Kenai, AK 99611
POSITION STATEMENT: Opposed to SB 94
Todd Whitstine
HC 04 Box 3477
Palmer, AK 99645
POSITION STATEMENT: Opposed to SB 94
Jeffrey Gottlieb
PO Box 91840
Anchorage, AK 99509
POSITION STATEMENT: Opposed to SB 94
Jodi Olmstead
PO Box 56853
North Pole, AK 99705
POSITION STATEMENT: Opposed to SB 94
Robert Poggas
9941 Whitefish Circle
Anchorage, AK 99515
POSITION STATEMENT: Opposed to SB 94
Charles Rollins
PO Box 55616
North Pole, AK 99705
POSITION STATEMENT: Commented on SB 94
Betty Rollins
PO Box 55616
North Pole, AK 99705
POSITION STATEMENT: Opposed to SB 94
Ralph Jones
10309 VFW Rd.
Eagle River, AK 99577
POSITION STATEMENT: Opposed to SB 94
Cindy Hutchens
Rt 1 Box 94-A
Kenai, AK 99611
POSITION STATEMENT: Opposed to SB 94
Dirk Nelson
PO Box 283
Ester, AK 99725
POSITION STATEMENT: Opposed to SB 94
Kendall Thomas
5350 Little Tree St.
Anchorage, AK 99508
POSITION STATEMENT: Opposed to SB 94
Daniel Hancock
PO Box 82590
Fairbanks, AK 99708
POSITION STATEMENT: Opposed to SB 94
John Thomas
5350 Little Tree St
Anchorage, AK 99508
POSITION STATEMENT: Opposed to SB 94
Keith Klemme
6630 E 10th Ave.
Anchorage, AK 99504
POSITION STATEMENT: Opposed to SB 94
Tony Masella
455 3rd Ave. #813
Fairbanks, AK 99701
POSITION STATEMENT: Opposed to SB 94
Deborah Luper
PO Box 242032
Anchorage, AK 99524
POSITION STATEMENT: Supports SB 94
Helen Peters
1501 W 11th St. #22
Anchorage, AK 99501
POSITION STATEMENT: Opposed to SB 94
Byron Gray
PO Box 544
Anchorage, AK 99510
POSITION STATEMENT: Opposed to SB 94
ACTION NARRATIVE
TAPE 99-23, SIDE A
Number 001
CHAIRMAN MILLER called the Senate Health, Education and Social
Services (HESS) Committee to order at 6:00 p.m. Present were
Senators Pete Kelly, Elton, and Chairman Miller. CHAIRMAN MILLER
announced that the meeting was scheduled for the specific purpose
of taking public testimony on SB 94, and he asked those testifying
to limit their testimony to two minutes due to the large number of
participants. CHAIRMAN MILLER informed participants that a copy of
the amendments proposed by the Administration had been faxed to all
Legislative Information Offices that day, and that he intends to
adopt those amendments into a new committee substitute which should
be prepared by Monday. He asked participants to direct their
remarks to the proposed amendments and announced Vice-Chair Kelly
would be chairing the remainder of the meeting this evening.
The following testimony was taken via teleconference from
participants at the Legislative Information Offices around the
State.
Number 036
MR. JACK ANDERSON, a 60 year resident and past member of the
Anchorage Chamber of Commerce, asked committee members to consider
that a particular pain pill prescribed to terminally ill patients
must be taken every 6 hours, at a cost of $8 each, and does not
work. A marijuana injection, taken twice per day, costs 20 cents
per injection, and works. He questioned how we can deny our
terminally ill friends and family relief from pain. He noted that
police go after marijuana users because drug busts on their resumes
make them look great. He concluded by saying Alaskans told
legislators at the polls what they wanted in no uncertain terms.
He believes Senator Leman should be recalled immediately for
introducing this legislation.
TERESA LYONS, representing the Alaska Nurses Association (ANA), the
voice of 7,000 registered nurses throughout Alaska, made the
following comments in opposition to SB 94. The ANA is one of
several health care professional organizations that endorsed the
ballot measure that passed by a margin of 72 percent. The ANA is
extremely saddened that SB 94 has been introduced as it appears to
be an attempt to legislate professional health care practice which
should be left in the hands of professional practitioners.
Marijuana is a classified medication, regulated to protect the
public. The ANA does not want to increase the legalization of
illicit medications but many medications used under prescription
are, in fact, available on the street and are used for illicit
purposes. The ANA stands opposed to SB 94 and hopes the
legislature provides the people of Alaska with access to this
particular medication that can be very helpful in reducing nausea
and pain.
Number 108
IRENE ALEXAKOS testified from Juneau, and discussed her family's
experience with her brother's terminal illness. The first sign of
her brother's illness came in 1975, four years prior to his death;
he died after struggling with cancer at the age of 26. Twenty five
years ago physicians knew marijuana would ease the side effects of
her brother's chemotherapy treatments. Her brother's neurosurgeon
could see no logic in preventing the use of marijuana for
therapeutic reasons, when highly toxic drugs could be legally
administered. Her conservative parents sought to illegally
purchase marijuana to alleviate their son's pain. The emotional
pain of watching her brother die eventually killed her father. The
fact that her parents' actions were illegal is incongruous and
irreconcilable. Initiatives are being passed all around the
country because most people know that. Legislatures are reluctant
to take up the issue for political reasons so the people are
speaking through initiatives. She asked legislators to open their
hearts and see that SB 94 will make it harder for patients and
folks who need the most help.
Number 178
NATALIE RINGLAND, a Kenai resident, stated her opposition to SB 94
via teleconference and encouraged legislators to reject this
legislation. She made the following points. First, as a medical
patient herself, she has a number of expensive and dangerous
prescriptions in her home. Society trusts her not to resell or
redistribute her medicines. It would be impossible to prove that
she does not sell her prescription drugs, however SB 94 seems to
require that for marijuana prescriptions. Second, mandatory
registration for the use of medicinal marijuana is unfair. Medical
patients do not deserve to be treated like sex offenders. She
asked legislators to please give the new law a chance to work
before placing restrictions on patients and physicians.
Number 206
MARK CHRYSON, Chairman of the Alaska Independent Party (AIP),
stated his opposition to SB 94 for the only reason that the medical
use of marijuana was passed through an initiative by the people of
Alaska, and by law, the Legislature must keep its hands off of that
initiative for two years. He urged legislators to reject SB 94.
VICE-CHAIR KELLY noted the Alaska Constitution allows the
Legislature to make technical changes to initiatives after two
years.
Number 235
JIM KENTCH, one of the three co-sponsors of the ballot proposition,
made several points. First, legislators must listen to the people
who are testifying. Second, Ballot Proposition 8 has a better way
to reconcile the 1990 ballot initiative which recriminalized
marijuana; that is to take medical marijuana out of the criminal
system altogether, thereby placing less burden on that system. The
initiative will not protect legitimate medical marijuana users from
using marijuana in public. He asked how housebound patients will
obtain medical marijuana once prescribed. Third, the initiative
has not yet been given a chance to work; SB 94 jumped the gun.
Fourth, SB 94 tells doctors how to practice medicine by
unnecessarily invading the doctor-patient relationship. It requires
a doctor to explore other approved medications and treatments that
might provide relief. He questioned what "explore" means and
whether patients must go through trials and errors when medical
marijuana may be the best existing treatment modality. Finally,
the physician must conclude, if SB 94 is enacted, that the benefits
of medical marijuana outweigh the benefits of other treatments.
That conclusion is not required of any other medicine.
Number 270
NEAL MATSON, a member of the American Cancer Society, American
Kidney Foundation and the President's Advisory Committee of the
Alaska Kidney Foundation, made the following comments in his
capacity as an ordained priest. SB 94 forcibly juxtaposes a dying
patient with the criminal element of our society by not enabling
the legal procurement of medical marijuana. He proposed authorizing
the release of confiscated marijuana to patients and questioned why
a substance will be destroyed that can relieve the suffering of a
terminally ill patient. He questioned why payments should be made
to out-of-state drug companies for Marinol when Alaskan patients
can be supplied with confiscated marijuana at no charge.
CATHLEEN ROLPH stated she is testifying in support of friends who
benefit from the use of medical marijuana. She is opposed to SB
94; the initiative that passed last fall has not yet been
implemented, it is a waste of tax dollars to amend a law that
provides compassionate care. She said a person using a medical
prescription should not be placed in the same category as a drunk
driver.
ANNALEE OWENS, representing herself, informed committee members she
has a chronic lung disease which requires her to use ineffective
medications that cost over $300 per month. She has used marijuana
and found it to be the only thing that relieves her pain. She said
it makes no sense to her to have to engage in criminal activities
to help herself medically. She is terminally ill and under a
physician's care, yet the medication that helps her the most is not
available to her. She asked legislators to let the initiative
stand as is so people like herself have some relief during their
last days.
Number 327
DON DAPCEVICH, representing the State Advisory Board on Alcoholism
and Drug Abuse, said the Advisory Board initially opposed the
initiative, however once the initiative passed and Alaskans spoke,
it decided to stand behind the implementation of the initiative.
The Board also stands behind prosecution of those who illegally use
medical marijuana. The Advisory Board encourages the Legislature
to pass a law that will allow for the use of medical marijuana by
those with a legitimate need, and to prosecute those users who have
no legitimate need.
STEVE MIHALIK, representing himself, said SB 94 is necessary to
tighten language associated with the initiative. He does not argue
that compassion is needed for terminally ill people; SB 94 still
allows them to use the medication, however others will take
advantage of the privilege. He believes marijuana is a gateway
drug as his brother used it to relieve the pain of a medical
condition, but three years ago he died of a heroin overdose. He
urged committee members to pass SB 94 to help control the
manipulative minds of drug abusers and to allow people with
debilitating conditions to get the medication voters intended them
to get.
Number 375
BILL KOZLOWSKI, representing himself, testified in opposition to SB
94. He suffers from severe hemophilia and a second disease, which
causes internal bleeding resulting in joint deterioration. He has
been on many pain medications but because of the severity of his
pain, he wanted to die. He felt stuck in the Western narcotic
frenzy called medicine which was leading his family into turmoil.
That frenzy changed five months ago when he found the one
medication that he can use that enables him to have a life and not
to be a "junky." Marijuana enables him to get up in the morning,
to hold a job, and to be a part of society, which is much more than
narcotics could do for him. His concern with SB 94 is the
registration requirement. He is the only hemophiliac in the State
of Alaska who received blood transfusions in the 1980s and did not
contract AIDS. He did contract Hepatitis C through blood
transfusions and has felt discriminated against because of his
disease. To be required to put his name on a list as a marijuana
user is discomforting. He concluded by saying if legislators have
faith in the voters to vote them into office, they should have
faith in the voters in voting for Ballot Measure 8.
Number 418
KATHY NEEDLES testified from Anchorage in favor of Alaskans for
Medical Rights, and said those people who voted against the
initiative must never have had a medical pain in their lives. She
stated liquor is legal, yet it kills, while marijuana is illegal,
and it cures.
ROGER HANSON testified from Fairbanks and disagreed that marijuana
is a gateway drug. His wife worked at a treatment program for
heroin addicts; the only common factor among the addicts was that
they all started off on milk. He said it is unusual when 70
percent of Alaskans come together on an issue as they did on Ballot
Measure 8. He noted many of his colleagues have read SB 94 but
none fully understand what it means, yet the bill smacks of the
instance during the 1930s when the pharmaceutical companies got
just about everything they wanted from Congress.
LONNIE TEMPLE testified from Kenai and asked legislators to reject
SB 94 and to stop trying to play God with people's lives. He
stated if marijuana allows terminally ill people to endure their
pain, so be it. He questioned why the elected officials are not
listening to the people's vote.
TODD WHITSTINE testified from MatSu against SB 94. He questioned
why language on page 3, line 25, refers to only one care giver
since a patient might have to wait 35 days for a new care giver to
be appointed, if need be. He noted that the language on page 5,
line 2, will require a patient to become more ill before medical
marijuana can be prescribed. He questioned why the language on
page 11, lines 4 through 21, was deleted. He believes the language
on page 15, lines 9 through 11, will create an undue hardship. He
questioned whether a patient will be out of luck if a care giver
refuses to prescribe a certain treatment, according to language on
page 15, lines 26 through 31. He proposed that the word "may" on
page 5, line 24, should be changed to "shall."
VICE-CHAIR KELLY noted a lot of the language referred to by Mr.
Whitstine was in the initiative and that the problem with
initiatives is that most people do not understand the intricacies
of the laws they are voting on.
Number 490
JEFFREY GOTTLIEB, a physician, stated marijuana is an effective
pain prevention medication for a lot of people. Most of his
patients who require pain medication are already addicted to
opiates and would benefit from the initiative that passed. SB 94
interferes with the patient-doctor relationship; he opposes it and
would like marijuana to be classified as a drug that can be
prescribed by physicians. He believes patients with other
conditions not included in the initiative could benefit from
medical marijuana. He noted the chemical structure of marijuana
and antidepressants is very similar and that marijuana was
mentioned in medical textbooks 2,000 years ago. He stated he does
not believe the people, nor the Legislature, should be voting on
medical treatments, and that the American Medical Association has
taken a position in which it is not opposed to the medical use of
marijuana.
JODI OLMSTEAD stated she thinks the Legislature has done a really
poor job of listening to constituents. She noted the Clinton
Administration is in favor of new findings of positive uses of
marijuana; she asked legislators to review those findings. She
stated her daughter had leukemia 25 years ago, and the same drugs
used then are being used today. She stated the people who want to
get medical marijuana are going to get it; the Legislature will not
stop them.
Number 554
ROBERT POGGAS testified from Anchorage and asked legislators to
enact the initiative that the people voted on.
CHARLES ROLLINS testified from Fairbanks and informed legislators
that doctors in California who prescribe marijuana are being
investigated by the California Medical Board and that a $10 million
lawsuit has been filed. He asked that the bill differentiate
between fertile and sterile seeds.
BETTY ROLLINS stated she is a 65 year old grandmother who cannot be
classified as a person who is attempting to legalize drugs by
supporting the use of medical marijuana. She said the initiative
was horrible; SB 94 is horribly ridiculous. She noted the
initiative called for a register. She expressed concern that SB 94
interferes with the doctor-patient relationship. She said a lot of
people are dying and need medication to relieve their pain, and
whether medical marijuana is legal or not, they will get it. She
asked whether we want to send those people to jail.
TAPE 99-23, SIDE B
RALPH JONES, a lifelong resident of Anchorage, stated he was
diagnosed with liver cancer over one year ago. He went to the
Sloan Kettering Cancer Institute where he had a tumor removed from
his liver. After the surgery he weighed 125 pounds. He was given
every kind of medication imaginable afterward, in an attempt to
help him to eat and gain weight. One year after the operation he
had gained no weight. In January he began taking medical marijuana
and has gained 25 pounds since. He questioned how the Legislature
can change an initiative within two years of its passage and he
expressed concern that the people of the State no longer have any
say in what goes on.
CINDY HUTCHENS, a Kenai resident, said she has gastroperisis (ph),
a nerve disorder of the intestines. She is frequently hospitalized
for dehydration and malnutrition. She has used marijuana for the
past five years and it has helped her more than any other drug.
Marijuana minimizes her nausea and stimulates her appetite. She no
longer sees marijuana as a gateway drug; she sees it as a medicine.
She asked legislators to support the voters.
Number 534
DIRK NELSON, a licensed clinical social worker and family
therapist, made the following comments. He has studied marijuana
pharmacology since 1971. Last month the American Academy of
Sciences declared the gateway drug theory to be a hoax. He
questioned why over 98 percent of government studies never face
peer review, and those that do fail miserably. Lie after lie has
been discovered in research used by the Drug Enforcement Agency
(DEA); credible labs have been unable to duplicate the test
results. In all of his years as a therapist, he has never
encountered a case involving crisis resulting solely from marijuana
use, however, at the mental health centers he has worked at, copies
of the Physician's Desk Reference were typically given to clients
disclosing side effects of various psychotropics. Most
psychotropics come with two to four pages of small print about
their serious and severe side effects; the use of these drugs goes
unquestioned despite the crises they are capable of generating. It
is his opinion that the reason is that psychotropics are not
associated with "those darn evil hippies." In summary, SB 94
violates the doctor-patient privilege and the Raven decision.
KENDALL THOMAS made the following comments on behalf of the Alaska
Hepatitis C Coalition. The Coalition was gratified to see the
passage of Ballot Measure 8, which was carefully written to allow
a licensed physician to exercise his/her professional opinion to
recommend medical marijuana as a treatment to patients who would
benefit from it. SB 94 will significantly limit the physician's
ability to recommend to patients suffering from a chronic disease,
other than AIDS, glaucoma and cancer, medical marijuana. Some of
the patients who attend her local Hepatitis C support group or call
the help line say that medical marijuana has had a positive impact
on the quality of their lives. It is used for those suffering from
anorexia, nausea, and joint and muscle pain. Many prefer to take
marijuana over other prescribed high-toxicity medications which tax
an already compromised liver. SB 94 will force these patients to
choose between a therapy they find beneficial and breaking the law.
The Coalition urges legislators to vote against SB 94 and allow the
current law to remain as is.
Number 492
DANIEL HANCOCK testified from Fairbanks and said he supports the
medical use of marijuana and is opposed to SB 94 for the same
reasons expressed by other participants.
JOHN THOMAS, a 25 year Anchorage resident, said he opposes SB 94
and made three points. First, it is clear that the voters of the
State believe that marijuana can be effective when other drugs
cannot. Second, many other drugs are addictive and very dangerous
if misused, such as narcotic painkillers. Third, patients
currently abuse the system to obtain drugs. He said he sees no
reason to treat marijuana so differently since narcotic drugs are
much more dangerous.
RICHARD WELCH testified from Fairbanks, and informed committee
members he has HIV and Hepatitis C and suffers from chronic pain
and weight [indiscernible] syndrome. Marijuana has been the only
medication that has benefitted him in alleviating his pain. Some
of the other medications prescribed for him have made him more ill.
He believes SB 94 is a waste of money and time.
KEITH KLEMME testified in opposition to SB 94 from Anchorage. He
believes the sponsor is bringing disgrace upon the Legislature by
ignoring the will of the people. He spent 15 years in the military
to ensure that the people have the right to vote, and not to be
dictated to by a legislator. He expressed concern that the privacy
rights of those who signed petitions might be violated.
Number 433
TONY MASELLA testified from Fairbanks and said SB 94 makes more
difficult an issue already decided by the people. He believes the
use of medical marijuana, as opposed to Marinol, will be
advantageous to the State because of the cost savings.
DEBORAH LUPER, a 38 year resident, mother, and former Fairbanks
police officer, stated she supports Senator Leman's efforts to
close the loopholes in the initiative. She expressed concern that
the youth of Alaska are getting the message that marijuana use is
beneficial. She believes police should have access to information
to verify that a person can legitimately use medical marijuana.
She recommends that proponents of the legal use of medical
marijuana work with the sponsor to close the loopholes in the
initiative, otherwise, in two years, the initiative may be found to
be unworkable.
HELEN PETERS, a registered nurse in Anchorage, stated she has
worked with many terminally ill patients over the past 30 years.
Some of those patients found that marijuana was the only thing that
helped them gain weight and tolerate their pain. In the past few
days she spoke to about one dozen doctors and nurses that she works
with and without exception, they all agree that marijuana use
should not be legalized for all but that a doctor should be able to
prescribe it.
BYRON GRAY testified from Anchorage in opposition to SB 94 because
any further restriction to the people's demand to allow for the use
of medical marijuana can only result in the arrest of sick people
and doctors which is foolish, insane, and pathetic. The
Legislature should not mandate medical prescriptions and diagnoses.
There being no further testimony on SB 94, VICE-CHAIRMAN KELLY
announced the bill will be taken up by the Senate HESS Committee
next Monday. He adjourned the meeting at 7:12 p.m.
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