03/12/2014 01:30 PM Senate JUDICIARY

                     SB 173-SYNTHETIC DRUGS                                                                                 
                                                                                                                              
2:28:41 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   second  hearing.  He  noted   the  proposed  committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
2:29:12 PM                                                                                                                    
SENATOR DYSON  moved to  adopt committee  substitute (CS)  for SB
, labeled 28-LS1242\C, as the working document.                                                                              
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
2:29:37 PM                                                                                                                    
EDRA  MORLEDGE,   Staff,  Senator   Kevin  Meyer,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  introduced  the  two  substantive                                                               
changes found in Version C of SB 173.                                                                                           
                                                                                                                                
   · On page 1, line 1, the word "possession" was added so it's                                                                 
     one of the prohibited actions with illicit synthetic drugs.                                                                
     That word was also added on page 1, line 5. This clarifies                                                                 
     the sponsor's intent that possession is illegal.                                                                           
   · Paragraph (F) on page 2 of the previous Version N was                                                                      
     removed entirely. It spoke to the actions of a person                                                                      
     rather than to the characteristics of the synthetic drug.                                                                  
                                                                                                                                
2:31:58 PM                                                                                                                    
CHAIR COGHILL removed his objection and Version C was adopted.                                                                  
                                                                                                                                
MS. MORLEDGE addressed the concern  about making illegal the sale                                                               
of  legitimate substances  that are  purported to  be an  illicit                                                               
synthetic drug.  The bill requires  a synthetic drug to  meet two                                                               
criteria for  it to be  deemed an illicit synthetic  drug. First,                                                               
it  must  meet  one of  the  criteria  set  forth  on page  1  in                                                               
subsection (b)(1)(A),(B), or  (C). Then it must meet  one or more                                                               
of criteria  in subsection (b)(2)(A)-(G),  found on page  1, line                                                               
31, through page 3, line [5].                                                                                                   
                                                                                                                                
2:33:42 PM                                                                                                                    
SENATOR WIELECHOWSKI stated support  for the changes. He directed                                                               
attention to  page 2, line 19  through page 3, line  4, and asked                                                               
the Department  of Law if  it's appropriate for a  prosecution to                                                               
be based on a street name.                                                                                                      
                                                                                                                                
2:35:48 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Legal Services  Section, Department  of Law, said  it might  be a                                                               
difficult element  to prove, but  she would defer to  the sponsor                                                               
in that regard.                                                                                                                 
                                                                                                                                
MS. MORLEDGE  explained that the  substances that are  listed are                                                               
known packaging  labels and by  listing them  they're immediately                                                               
illegal.                                                                                                                        
                                                                                                                                
MS.  CARPENETI suggested  the sponsor  consider  adding that  the                                                               
substance is labeled as or has  one of the street names listed in                                                               
paragraph (G).                                                                                                                  
                                                                                                                                
2:37:29 PM                                                                                                                    
SENATOR OLSON joined the committee.                                                                                             
                                                                                                                                
CHAIR COGHILL agreed with the suggestion.                                                                                       
                                                                                                                                
2:37:49 PM                                                                                                                    
KELLI   FARQUER,  representing   herself,  Florida,   shared  the                                                               
personal  tragedy of  losing her  son  when he  used a  synthetic                                                               
drug. She  said his death could  have been avoided if  he'd known                                                               
the substance was dangerous, but  kids believe the substances are                                                               
safe because they're  readily available in the  retail market for                                                               
a relatively  small amount of  money. She urged the  committee to                                                               
pass the legislation and save lives in the future.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  asked if this  would undermine  current law                                                               
that provides higher penalties for possession.                                                                                  
                                                                                                                                
MS.  CARPENETI  pointed out  that  this  law and  the  artificial                                                               
controlled substances  law in AS  11.73 have  different elements,                                                               
but the concern would be to avoid any overlap.                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI  recalled   legislation  passed  last  year                                                               
imposed a harsher penalty for possession.                                                                                       
                                                                                                                                
MS.  MORLEDGE  said  that  Sec.  11.73.010,  the  manufacture  or                                                               
delivery  of an  imitation  controlled substance,  speaks to  the                                                               
compounds in  the substance and  targets trafficking,  whereas SB
 targets labeling.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked  if SB 173 specifies an  amount or any                                                               
possession.                                                                                                                     
                                                                                                                                
MS. MORLEDGE replied it's any possession.                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  observed that if somebody  possesses, there                                                               
will be a conflict in law.                                                                                                      
                                                                                                                                
2:44:09 PM                                                                                                                    
MS. CARPENETI  clarified that if  somebody possesses  with intent                                                               
to  deliver   it's  a  violation  of   the  imitation  controlled                                                               
substance  law.  If  somebody mislabels  and  possesses,  it's  a                                                               
violation of the illicit synthetic drug law in SB 173.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI continued to express concern.                                                                              
                                                                                                                                
MS. CARPENETI said she understood the concern.                                                                                  
                                                                                                                                
CHAIR COGHILL suggested a conceptual amendment.                                                                                 
                                                                                                                                
MS. MORLEDGE agreed to the suggestion.                                                                                          
                                                                                                                                
2:46:05 PM                                                                                                                    
CHAIR COGHILL moved to adopt conceptual Amendment 1.                                                                            
                                                                                                                                
                          Amendment 1                                                                                       
                                                                                                                                
     Page 2, line 19, following "drug":                                                                                         
          Insert "is labeled as or"                                                                                             
                                                                                                                                
Finding no objection, conceptual Amendment 1 was adopted.                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   the  amendment  satisfied  the                                                               
Department of Law's concern.                                                                                                    
                                                                                                                                
MS. CARPENETI replied  she would also suggest on page  1, line 7,                                                               
following "if"  adding "it is  labeled and the label"  because it                                                               
doesn't otherwise require a label.                                                                                              
                                                                                                                                
SENATOR COGHILL  disagreed, pointing out  that "the label"  is on                                                               
the following line 8.                                                                                                           
                                                                                                                                
2:47:45 PM                                                                                                                    
SENATOR  WIELECHOWSKI agreed  with  Ms.  Carpeneti's point  about                                                               
labeling. He referenced  page 1, lines 7-12,  and questioned what                                                               
could be proved if the substance didn't have a label.                                                                           
                                                                                                                                
MS. CARPENETI agreed that was her concern.                                                                                      
                                                                                                                                
CHAIR COGHILL opined that there wasn't ambiguity.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  predicted that  a clarifying bill  would be                                                               
introduced next year.                                                                                                           
                                                                                                                                
CHAIR  COGHILL  found  no  further   questions  or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
2:49:27 PM                                                                                                                    
SENATOR DYSON moved to report  SB 173, as amended, from committee                                                               
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
2:49:53 PM                                                                                                                    
CHAIR  COGHILL announced  that without  objection, CSSB  173(JUD)                                                               
was reported from the Senate Judiciary Standing Committee.