Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/05/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB171 | |
| SB108 | |
| SB173 | |
| SB176 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 176 | TELECONFERENCED | |
| += | SB 108 | TELECONFERENCED | |
| *+ | SB 173 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 171 | ||
SB 173-SYNTHETIC DRUGS
1:55:57 PM
CHAIR COGHILL announced the consideration of SB 173. "An Act
relating to a prohibition on the offer, display, marketing,
advertising for sale, or sale of illicit synthetic drugs." This
was the first hearing. He noted the proposed committee
substitute, Version N.
He welcomed Senator Egan to the committee.
1:56:37 PM
SENATOR DYSON moved to adopt CS for SB 173, labeled 28-LS1242\N,
as the working document.
CHAIR COGHILL objected for purposes of an explanation.
SENATOR KEVIN MEYER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 173, deferred to his staff to explain the changes
found in the committee substitute.
1:57:34 PM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, highlighted the
changes between the new CS and Version A for SB 173. The first
change, found on page 3, lines 16-25, changes the enforcement
agency from the Department of Health and Social Services (DHSS)
to the Department of Public Safety and identifies DHSS as the
cooperating agency. The reasoning is that it is more appropriate
for DPS to address this because it's a violation and civil
infraction. The next change found on page 3, line 21, clarifies
that the penalty for violation of this statute is a $500 fine.
The next change, found on page 3, line 29, eliminates the
definition of "department" as the Department of Health and
Social Services (DHSS). The final change, found on page 4, line
10-16, clarifies that DHSS shall cooperate with DPS.
1:59:50 PM
SENATOR WIELECHOWSKI asked if the definition of synthetic drugs
would include nicotine for e-cigarettes.
MS. MORLEDGE said she didn't know but there is an FDA ruling
that nicotine falls under the Homeopathic Pharmacopeia of the
United States, which is included in the statutory definition of
"drug."
SENATOR WIELECHOWSKI noted that Wasilla just rejected similar
legislation and questioned whether it should be left to
individual communities to decide.
SENATOR MEYER said he believes that these substances are
dangerous enough to warrant a statewide policy. He said he also
believes that the Wasilla Assembly will have a different outcome
when it votes again.
SENATOR WIELECHOWSKI asked for clarification that this ordinance
is already on the books in Anchorage.
SENATOR MEYER said that's correct.
2:02:49 PM
SENATOR DYSON expressed appreciation for the balance the
legislation strikes.
SENATOR MEYER refreshed the committee's recollection of the
bill, speaking to the following sponsor statement: {Original
punctuation provided.]
SB 173 intends to help solve the problem of the ever
changing chemical make-up of synthetic drugs by
targeting the packaging of the product, and is aimed
not at what the illicit drug is, but what it isn't.
According to the National Institute on Drug Abuse,
labels on these products often claim that they contain
"natural" psycho-active material taken from a variety
of plants. Sold at smoke shops, and gas stations as
"incense" or "potpourri," easy access and the
misperception that these products are "natural" and
therefore harmless, have likely contributed to their
popularity. SB 173 will make it illegal to sell these
designer drugs that are packaged as "spice,"
"potpourri," or a variety of other misleading labels.
Senate Bill 173 would prohibit the offer, display,
marketing, advertising for sale, or sale of illicit
synthetic drugs. The Legislature has made several
attempts to prohibit the use of synthetic illicit
drugs by classifying certain known chemical compounds
as controlled substances. Unfortunately, what we're
seeing as a result of this and similar efforts by the
federal government, is that manufacturers simply
change the chemical compound slightly, thus evading
law enforcement efforts.
With the passage of SB 173, it will be considerably
more difficult, if not impossible, for the sale or
distribution of these synthetic illicit drugs state-
wide.
He pointed out that this is a civil rather than criminal
penalty, so it doesn't overload the courts. In the short time
the ordinance has been in effect in Anchorage, the results have
been very positive, he said.
2:08:13 PM
CHAIR COGHILL asked what duties the Department of Public Safety
and the Department of Health and Social Services (DHSS) each
would carry out.
SENATOR MEYER said originally DHSS was asked to do enforcement
because they are statutorily involved with labeling, but he
determined that (DPS) was more appropriate to do enforcement.
2:09:13 PM
SENATOR WIELECHOWSKI asked if there was a conscience effort not
to include possession or manufacture.
MS. MORLEDGE explained that criminal statute AS 11.73 already
imposes a class C felony penalty for the manufacture, delivery,
possession, or possession with the intent to deliver an
imitation controlled substance.
SENATOR WIELECHOWSKI observed that possession or manufacture is
a felony but selling the same imitation controlled substance is
a $500 fine.
MS. MORLEDGE agreed that is how the existing statute and the
proposed legislation are crafted.
SENATOR WIELECHOWSKI said the Department of Law would probably
have something to say because they're always concerned about
lesser included offenses. Having possession of an imitation
controlled substance in a store seems to imply ownership and
this legislation essentially reduces the penalty to $500, which
may or may not be something the legislature wants to do.
SENATOR MEYER said he chose this route to provide flexibility.
CHAIR COGHILL expressed interest in hearing from the Department
of Law at the next hearing.
2:11:55 PM
SENATOR OLSON asked how the bill affects the situation in his
district where residents order these products over the Internet.
SENATOR MEYER said Internet purchases are federal jurisdiction,
but VPSOs have the same authority as police officers and could
issue the $500 citation per package.
2:13:17 PM
SENATOR WIELECHOWSKI pointed out inconsistencies with the
definition of synthetic drug in Section 1, paragraph (2). He
also expressed concern that the more general definition
criminalizes things like synthetic caffeine.
SENATOR MEYER said he thought about that and there is some
concern, but the reality is that the police won't cite somebody
for possessing or using synthetic caffeine. He opined that
they'll instead go after items that are harmful to society and
cause a public nuisance.
SENATOR WIELECHOWSKI responded that he's always cautious about
giving police discretion to arrest someone when lawmakers have
an opportunity to provide clarity.
CHAIR COGHILL commented that the flexibility in this law could
result in a claim of harassment, but the opposing view is that
this could be a worthwhile tool.
SENATOR MEYER agreed it is a delicate balance.
CHAIR COGHILL commented on the cultural discussion associated
with the marijuana initiative.
SENATOR DYSON maintained that a lot of due process is available
to anyone who is charged under this legislation.
2:18:46 PM
CHAIR COGHILL announced he would hold SB 173 in committee for
further consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 173 ADN Article 2.8.14.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| SB 173 ADN Article 2.4.14.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| SB 173 ADN Article 1.22.14.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| SB 173 - Anchorage Ordinance.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| SB 173 - Alaska Dispatch Article 1.10.14.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| SB 173 Sponsor Statement.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| Legal Memo 2.10.14.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| SB 173 ADN Article 12.18.13.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 173 |
| Fiscal Note - University.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 176 |
| Written Testimony - OVR #2.pdf |
SJUD 3/5/2014 1:30:00 PM |
SB 108 |