Legislature(2015 - 2016)BARNES 124

02/24/2015 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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08:02:30 AM Start
08:02:57 AM HB75
09:20:13 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 75 MUNI REGULATION OF MARIJUANA; ADV. BOARDS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB  75-MUNI REGULATION OF MARIJUANA; ADV. BOARDS                                                                    
                                                                                                                                
8:02:57 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced  that the only order of  business would be                                                               
HOUSE  BILL  NO.  75,  "An  Act relating  to  the  regulation  of                                                               
marijuana  by  municipalities;  and providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
8:04:05 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON  informed the  committee  that  she and  her  staff                                                               
worked closely with  the municipal attorneys around  the state as                                                               
well as  the Marijuana Policy  Project to craft  legislation that                                                               
is responsive  to both  the needs of  the local  government while                                                               
staying within the intent of the initiative sponsor.                                                                            
                                                                                                                                
8:04:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  adopt  CSHB  75,  Version  29-                                                               
LS0345\P, Martin, 2/19/14, as the working document.                                                                             
                                                                                                                                
CHAIR TILTON objected for discussion purposes.                                                                                  
                                                                                                                                
8:05:04 AM                                                                                                                    
                                                                                                                                
HEATH  HILYARD,   Staff,  Representative  Tilton,   Alaska  State                                                               
Legislature, noted  that the committee  has been provided  with a                                                               
sectional  analysis.   The  non-substantive  changes embodied  in                                                               
Version P mainly change the  reference from "local government" to                                                               
"municipality"  as the  municipal  attorneys  and attorneys  from                                                               
Legislative  Legal Services  believe  it to  be  the more  proper                                                               
statutory reference.   The  non-substantive changes  also include                                                               
some  grammatical  changes  that  conform  to  the  legislature's                                                               
drafting  standards.    Mr.  Hilyard  then  turned  to  the  nine                                                               
substantive sections  of Version P.   On page 1, lines  4 through                                                               
page 2, line  4, Section 1 amends the definition  of marijuana to                                                               
conform to  the language in  Ballot Measure  2, AS 17.38,  with a                                                               
minor  exception.   The minor  exception is  the deletion  of the                                                               
term "salt" as  it's believed to have no functional  meaning.  On                                                               
page 2,  lines 5-27, Section  2 places sideboards on  the meaning                                                               
of  "assisting"  found  in   AS  17.38.020(e)  because  municipal                                                               
attorneys  expressed   concern  with  the  lack   of  a  specific                                                               
definition for  the term.   On  page 3, line  26 through  page 4,                                                               
line 1,  Section 8 references  "marijuana clubs," which  is later                                                               
defined  in  the legislation  as  places  where people  can  come                                                               
together to use marijuana in  a nonprofit manner.  Municipalities                                                               
are  aware   that  there  is  likely   interest  in  establishing                                                               
marijuana clubs,  but they want to  be able to allow  or disallow                                                               
them.   In order to  achieve the aforementioned,  marijuana clubs                                                               
needs to  be defined.   Section 8 also  starts the process  for a                                                               
local  option election  for established  villages, which  weren't                                                               
included in the  original ballot language.  On page  5, lines 22-                                                               
31,  Section 16  there is  a drafting  error such  that the  term                                                               
"shall" needs to be changed to "may".   He noted that there is an                                                               
amendment to that effect.  The  intent, he explained, is to allow                                                               
municipalities,  if  they so  choose,  to  create local  advisory                                                               
boards.                                                                                                                         
                                                                                                                                
MR. HILYARD  then informed  the committee that  on page  5, lines                                                               
28-31, Section  16, the language  stipulates that all  the powers                                                               
are  nonareawide.    Therefore,  a  borough  can  adopt  its  own                                                               
regulations,  but those  regulations  wouldn't  apply within  the                                                               
city  limits  of  those  cities   located  within  the  borough's                                                               
boundaries.  On  page 6, line 1 through page  8, line 18, Section                                                               
17 sets  forth the  process by which  an established  village can                                                               
hold a local  option election for the prohibition  or removal [of                                                               
a   prohibition  of   marijuana  establishments   and  commercial                                                               
marijuana  activities  within  the  boundary  of  an  established                                                               
village.]  The aforementioned language  in Section 17 essentially                                                               
mirrors  the Title  4 language  as it  pertains to  alcohol.   He                                                               
mentioned  that  there  was a  question  regarding  the  language                                                               
"prohibit  or  remove"  on  page  8, line  15.    Continuing  the                                                               
sectional  analysis, Mr.  Hilyard directed  attention to  page 8,                                                               
lines  23-26, Section  19,  which adds  "marijuana  club" to  the                                                               
definition of "marijuana establishments"  that can be established                                                               
under the  provisions of AS 17.38.   Section 20, page  8, line 27                                                               
through page 9, line 4,  revises the definition of marijuana such                                                               
that it's consistent with Section  1 of the legislation and Title                                                               
11.  The  functional effect of the aforementioned is  to have one                                                               
standard definition  of marijuana in  statute.  On page  9, lines                                                               
5-13, Section  21 provides  express definitions  for "established                                                               
village", "marijuana  club", and "public place".   Municipalities                                                               
were concerned with  regard to the definition that  would be used                                                               
for the  term "public  place", which  is defined as  it is  in AS                                                               
11.81.900 of the criminal statutes.   On page 9, line 14, Section                                                               
22 removes "local government" from  the definitions section found                                                               
in  AS 17.38  because the  term "municipality"  is being  used in                                                               
lieu of  "local governments.   Section  23 provides  an immediate                                                               
effective date for the legislation.                                                                                             
                                                                                                                                
8:12:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  inquired as  to the definition  of "public                                                               
place."                                                                                                                         
                                                                                                                                
MR. HILYARD deferred to Ms. Martin.                                                                                             
                                                                                                                                
8:12:51 AM                                                                                                                    
                                                                                                                                
HILARY MARTIN, Attorney,  Legislative Legal Services, Legislative                                                               
Affairs  Agency, informed  the committee  that "public  place" is                                                               
defined in AS 11.81.900, as follows:                                                                                            
                                                                                                                                
          (53) "public place" means a place to which the                                                                        
     public  or a  substantial group  of persons  has access                                                                    
     and   includes  highways,   transportation  facilities,                                                                    
     schools,  places  of   amusement  or  business,  parks,                                                                    
     playgrounds, prisons, and  hallways, lobbies, and other                                                                    
     portions   of   apartment   houses   and   hotels   not                                                                    
     constituting  rooms or  apartments designed  for actual                                                                    
     residence;                                                                                                                 
                                                                                                                                
8:13:32 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON opened public testimony.                                                                                           
                                                                                                                                
8:13:47 AM                                                                                                                    
                                                                                                                                
BROOKS CHANDLER  informed the  committee that  although he  is an                                                               
attorney in  Anchorage with  a firm that  represents a  number of                                                               
municipalities  in Alaska,  he  is testifying  today  on his  own                                                               
behalf.   He expressed thanks  to [Chair Tilton] and  Mr. Hilyard                                                               
for  reaching  out  to  municipal  attorneys  as  a  group.    He                                                               
characterized the  legislation as  a good  start and  related his                                                               
support for the  amendment changing "shall" to "may"  [on page 5,                                                               
line 25] in Version  P.  He opined that the  change to "may" with                                                               
respect to  the creation of  a local advisory board  provides for                                                               
flexibility that  he felt was  most appropriate over  a one-size-                                                               
fits-all mandate.                                                                                                               
                                                                                                                                
8:16:19 AM                                                                                                                    
                                                                                                                                
LUKE HOPKINS,  Mayor, Fairbanks North  Star Borough,  opined that                                                               
the issue of "public place" is  problematic for a borough form of                                                               
government with cities within its  jurisdiction.  Last night, the                                                               
City of Fairbanks  passed an ordinance in which  an individual is                                                               
prohibited  from  knowingly  consuming  marijuana  [in  a  public                                                               
place]  without the  consent of  the owner.   The  aforementioned                                                               
will  be difficult  to enforce  whether it's  civil actions  by a                                                               
code enforcement  officer in the case  of the borough or  by city                                                               
police.   Therefore, Mayor  Hopkins related that  he is  going to                                                               
propose the  borough assembly  prohibit the  use of  marijuana in                                                               
situations in which  the individual can be clearly  viewed from a                                                               
public  right-of-way, highway,  or  other public  area.   Clearly                                                               
consuming marijuana [in public view]  is the issue at the borough                                                               
level.    Therefore, he  expressed  concern  with regard  to  how                                                               
"public place"  is defined at  the state  level.  He  pointed out                                                               
that [local government] ordinances  have already been passed that                                                               
are  more  restrictive than  the  state's  definition of  "public                                                               
place."      Mayor   Hopkins  stated   his   desire   for   local                                                               
municipalities  to  be  able  to  adopt  their  rules/definitions                                                               
rather than using those of the  state.  He expressed concern that                                                               
once the  state defines "public place,"  the municipalities won't                                                               
be able to have a more restrictive definition.                                                                                  
                                                                                                                                
8:19:22 AM                                                                                                                    
                                                                                                                                
MAYOR HOPKINS then  directed attention to page 5,  line 30, which                                                               
establishes  local  control  as  a nonareawide  power,  which  is                                                               
problematic  if an  areawide ordinance  is more  restrictive than                                                               
that  of the  city's  ordinance.   In a  situation  in which  the                                                               
borough or  state language  is more restrictive  than that  of an                                                               
incorporated city or home rule  city, he expressed the desire for                                                               
the borough or  state law to be in effect.   The boroughs already                                                               
have  zoning and  taxing powers  over  the cities,  and thus  the                                                               
borough  could use  zoning to  restrict what  happens across  the                                                               
city boundary  as is the case  currently.  On the  other hand, if                                                               
the  borough has  a less  restrictive ordinance  than a  city, he                                                               
expressed the  desire for the  city's more  restrictive ordinance                                                               
to be  in force.   He  then noted  that he  was pleased  that the                                                               
committee is addressing marijuana clubs.                                                                                        
                                                                                                                                
8:23:07 AM                                                                                                                    
                                                                                                                                
WENDY  DOXEY, Assistant  Borough Attorney,  Fairbanks North  Star                                                               
Borough, began  by directing  the committee to  page 2,  line 24,                                                               
and opined that  the language doesn't add any clarity  to what it                                                               
means to "assist."  In particular,  the language [on page 2, line                                                               
25] "allowed in  this section." doesn't seem to  add any meaning.                                                           
The  borough, she  related,  is concerned  whether  there is  any                                                               
limit   to  the   [amounts  of   marijuana]  for   personal  use.                                                               
Furthermore,  the  "assist"  language  doesn't  seem  to  provide                                                               
guidance with regard  to potential proxy grows.   She then turned                                                               
attention to  page 4, line  7, and  expressed the need  to insert                                                               
"and  criminal"  following "civil".    The  Fairbanks North  Star                                                               
Borough  doesn't have  the power  to enact  and enforce  criminal                                                               
penalties,  but  the  cities  within   the  borough  do  and  the                                                               
[borough's  position] is  to maximize  such local  control.   She                                                               
acknowledged that  since the  powers granted  in Title  29 aren't                                                               
eliminated, the  cities could  be construed  to still  have those                                                               
powers.   However, she expressed  concern that if this  ever goes                                                               
before the court,  the court could follow the  canon of statutory                                                               
construction that the  [power] that was left out was  left out on                                                               
purpose.  Therefore, Ms. Doxey opined  that it would be safer and                                                               
clearer  to  specify that  municipalities  can  create civil  and                                                               
criminal penalties under the provision.                                                                                         
                                                                                                                                
8:26:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  requested   Mayor  Hopkins  conflate  the                                                               
language  "use in  a  public  place" and  "public  view," from  a                                                               
municipality's standpoint.                                                                                                      
                                                                                                                                
MAYOR  HOPKINS   clarified  that  [the  borough]   is  using  the                                                               
definition  of  "public" as  specified  in  AS 17.38.020  and  AS                                                               
17.38.040  with the  addition of  language  referring to  outdoor                                                               
locations,  vehicles,  and  other   locations.    Basically,  the                                                               
definition of  "public" refers to  "the consumption  of marijuana                                                               
is clearly  observable from the  foregoing public places  and any                                                               
location   similar    to   those   places    delineated   herein,                                                               
notwithstanding the  foregoing a  location with  proper licensure                                                               
in  place  and   that  is  in  compliance  with   state  law  and                                                               
regulation,  borough  ordinances  that  has licensure  is  not  a                                                               
public  place  in  this  definition."   In  further  response  to                                                               
Representative   Seaton,  Mayor   Hopkins   clarified  that   the                                                               
Fairbanks  North Star  Borough ordinance  includes more  content,                                                               
such as  lakes, rivers, doorways,  and apartment  buildings, than                                                               
the definition  of "public  place" in  AS 11.81.900(a)(53).   The                                                               
important aspect,  he remarked, is  that the marijuana  use isn't                                                               
viewable from a public place.                                                                                                   
                                                                                                                                
8:30:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES asked  if Ms. Doxey had a  suggestion as to                                                               
how to clearly define "assisting" on page 2.                                                                                    
                                                                                                                                
MS. DOXEY  informed the committee  that the borough  will propose                                                               
an   ordinance  that   will   define   "assisting"  as   follows:                                                               
"Assisting means, in all conjugate  forms, helping another person                                                               
in the act described in this  chapter by providing aid or support                                                               
in the  performance of  those acts.   Assisting does  not include                                                               
possessing  or growing  that  marijuana which  belongs  to or  is                                                               
owned by another person as an agent for that person."                                                                           
                                                                                                                                
8:31:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  questioned  whether  there  needs  to  be                                                               
written documentation assigning the assistance to an individual.                                                                
                                                                                                                                
MS. DOXEY said  there has been some discussion of  that amongst a                                                               
working group  of municipal attorneys.   Although  some municipal                                                               
attorneys view that as a  solution, she wasn't sure the Fairbanks                                                               
North Star Borough  views it as a good solution.   The borough is                                                               
concerned  with the  potential for  these proxy  grows to  become                                                               
large.     Furthermore,  the  personal   use  provision   of  the                                                               
initiative seems  to be  written in a  manner that  allows barter                                                               
exchanges  of marijuana.   The  aforementioned  coupled with  the                                                               
"assisting"  language that  allows proxies  could allow  enormous                                                               
personal  use   grow  operations,   which  would   undermine  the                                                               
commercial  license market  for marijuana.   The  notion is  that                                                               
obtaining marijuana  in exchange for something  should be through                                                               
commercial facilities,  while personal  use should  be restricted                                                               
to personal use rather than a large personal use barter market.                                                                 
                                                                                                                                
8:34:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES asked  whether  there  was any  discussion                                                               
regarding limiting the number of people who could be assisted.                                                                  
                                                                                                                                
MS. DOXEY answered that she wasn't sure that was discussed.                                                                     
                                                                                                                                
8:34:51 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON pointed out that Ms.  Doxey's language was used as a                                                               
base for HB 75.                                                                                                                 
                                                                                                                                
8:35:19 AM                                                                                                                    
                                                                                                                                
DENNIS  WHEELER, Municipal  Attorney, Municipality  of Anchorage,                                                               
continuing the  discussion about the term  "assist," informed the                                                               
committee that  he was  aware of at  least one  medical marijuana                                                               
grow that  provides assistance  by growing  plants for  those who                                                               
need medical marijuana.   He predicted that  model would transfer                                                               
to  the  recreational  use  of marijuana  if  the  term  "assist"                                                               
included being  allowed to assist  on behalf of others,  and thus                                                               
would be problematic  [in this legislation].  With  regard to the                                                               
earlier mention  of adding a  provision for local  governments to                                                               
have  criminal  provisions,  Mr.  Wheeler  opined  that  it's  of                                                               
particular  importance   for  the   [legal  department]   of  the                                                               
Municipality  of   Anchorage  because  it  includes   a  criminal                                                               
division.   He anticipated that  proposed legislation, SB  30 and                                                               
HB 79, removing most felonies  related to marijuana and replacing                                                               
them  with  misdemeanors  would  increase  the  [municipal  legal                                                               
department's] workload.   He opined that to  the extent possible,                                                               
it  would be  preferable  for  the municipality  to  use its  own                                                               
misdemeanor  code to  achieve its  local enforcement  goals.   In                                                               
fact,  the [legal  department of  the Municipality  of Anchorage]                                                               
has been working with the state  to take on more misdemeanor work                                                               
so that  the state can  focus on  felonies.  Therefore,  he noted                                                               
his appreciation for  that issue being addressed in HB  75.  With                                                               
respect  to  the terms  "public  place"  and "public  view,"  Mr.                                                               
Wheeler predicted that there will  be differences of opinion with                                                               
regard to "consumption  in a public place"  versus "a cultivation                                                               
exposed to  public view."   Therefore,  he suggested  inserting a                                                               
default  clause,  such  as "unless  otherwise  defined  by  local                                                               
ordinance, public  place means,"  for the definitions  of "public                                                               
place" and "public  view."  The aforementioned  would allow local                                                               
governments to  address their particular circumstances.   He then                                                               
noted  that [municipalities]  are experiencing  pressure to  hold                                                               
marijuana  events during  which marijuana  is both  displayed and                                                               
consumed.  In conclusion, Mr.  Wheeler related general support of                                                               
HB 75.                                                                                                                          
                                                                                                                                
8:39:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  regarding   the  terms  "assisting"  and                                                               
"providing aid," said  he understood the argument  with regard to                                                               
aiding multiple people  in one facility.   However, he questioned                                                               
how  someone aiding  someone else  in their  own home  or another                                                               
facility would work.                                                                                                            
                                                                                                                                
MR. WHEELER recalled  hearing a suggestion to view  it similar to                                                               
subsistence,  personal use,  or hunting  such that  an individual                                                               
has  a  proxy  and  works  to  assist  one  individual  not  many                                                               
individuals.   Since the aforementioned  may be  too restrictive,                                                               
he  suggested that  perhaps it  could  be used  as a  model.   He                                                               
pondered  whether there  isn't  as much  concern  whether such  a                                                               
limitation is  burdensome with the recreational  use of marijuana                                                               
versus medical marijuana  for which there might be  the desire to                                                               
allow an individual to assist more than one other individual.                                                                   
                                                                                                                                
8:40:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  whether  the  statute  as  written                                                               
[differentiates]  between multiple  plants  in one  location/home                                                               
versus an individual assisting in a number of different homes.                                                                  
                                                                                                                                
MR. WHEELER acknowledged there has  been a question regarding how                                                               
many plants are allowed in  a household.  From the municipality's                                                               
perspective,  he opined  that "assist"  means that  an individual                                                               
could  go to  someone's house  to help  them with  their growing,                                                               
planting, or  processing of marijuana  but wouldn't  transport or                                                               
grow it for them at the  [home] of the assisting individual.  Mr.                                                               
Wheeler opined that  the aforementioned needs to be  refined.  In                                                               
further response to Representative  Seaton, Mr. Wheeler confirmed                                                               
that   Section  2   of  the   legislation  doesn't   clarify  the                                                               
aforementioned and needs more work.                                                                                             
                                                                                                                                
8:42:30 AM                                                                                                                    
                                                                                                                                
SCOTT  BLOOM,  Attorney,  City  of   Kenai,  stated  he  is  very                                                               
supportive of  local options and  opposes local mandates.   Since                                                               
the  City of  Kenai  is a  home rule  municipality  with its  own                                                               
police  force, he  expressed the  desire  for there  to be  local                                                               
options for criminal  enforcement.  Mr. Bloom noted that  he is a                                                               
huge advocate for  bright-line rules.  To that  end, he suggested                                                               
a  household limit  for the  number of  plants for  personal use.                                                               
Such  a limit  would  avoid the  difficulties  with the  language                                                               
"assist"  that would  result in  law enforcement  having to  make                                                               
determinations  regarding whether  the plants  belong to  someone                                                               
else  [living outside  of the  home]  or whether  they are  proxy                                                               
plants.                                                                                                                         
                                                                                                                                
8:44:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  inquired  as  to the  [City  of  Kenai's]                                                               
position on the nonareawide powers base of [Version P].                                                                         
                                                                                                                                
MR.  BLOOM   clarified  that  the   City  of  Kenai   would  like                                                               
nonareawide  powers.   As  a  home  rule  city, the  council  and                                                               
residents  of Kenai  anticipate regulating  marijuana use  in the                                                               
City of  Kenai as opposed to  relying on the borough  to regulate                                                               
it.                                                                                                                             
                                                                                                                                
8:45:44 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON,  upon determining  no one  else wished  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:46:07 AM                                                                                                                    
                                                                                                                                
MR. HILYARD  clarified that the  definition of "assist"  that Ms.                                                               
Doxey  provided to  the committee  was  forwarded to  Legislative                                                               
Legal  Services for  use as  the  base language.   The  resulting                                                               
language on  page 2, line  21, is how Legislative  Legal Services                                                               
interpreted  that  language to  be  included  in statute.    With                                                               
regard  to the  suggestion for  plant limits  per household,  Mr.                                                               
Hilyard related that  there has been ongoing  discussion with the                                                               
municipal attorneys  and the  Marijuana Policy  Project regarding                                                               
that  issue.     Originally,  there  was  a   commitment  to  the                                                               
initiative sponsors  that to the degree  possible the legislation                                                               
would live within the intent of  the initiative, which is why any                                                               
limitation other  than the six plants  per adult was felt  to run                                                               
afoul  of the  original initiative.   However,  he noted  that he                                                               
recently  received  information  from Rachelle  Yeung,  Marijuana                                                               
Policy  Project,  relating  that several  Colorado  counties  are                                                               
adopting  plant limits  per household  that are  more restrictive                                                               
than the Colorado  initiative.  The Marijuana  Policy Project now                                                               
believes such  limits are consistent  with the overall  intent of                                                               
the initiative.   Therefore, he  opined there is room  to perhaps                                                               
allow municipalities  to make  decisions on  their own,  and thus                                                               
could be included in a subsequent committee substitute.                                                                         
                                                                                                                                
8:49:02 AM                                                                                                                    
                                                                                                                                
MR. HILYARD,  in response to Representative  Seaton, informed the                                                               
committee that  a February 21,  2015, email from  Rachelle Yeung,                                                               
Marijuana Policy  Project, highlights that Denver  County imposes                                                               
a  maximum  of 12  plants  per  type  of dwelling  and  prohibits                                                               
cultivation  in common  dwellings.   The aforementioned  was more                                                               
conservative  than   the  language  adopted  by   the  voters  in                                                               
Colorado, but the Marijuana Policy  Project found the language to                                                               
be consistent with  the intent of the initiative.   Therefore, he                                                               
surmised the committee could specify  a household limit of plants                                                               
in HB 75  or it could remain silent on  the specificity and allow                                                               
municipalities to adopt regulations on that matter.                                                                             
                                                                                                                                
8:51:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES referred  to the language on  page 2, lines                                                               
22-27, that specifies  an individual can't possess  more than six                                                               
plants.  She asked if  that means the individual assisting others                                                               
can't  possess  more than  six  plants  himself/herself or  can't                                                               
possess more than six plants per person they are assisting.                                                                     
                                                                                                                                
MR. HILYARD  opined that  there is  a lack  of clarity  with this                                                               
definition.   The intent,  he explained, was  to specify  that an                                                               
individual  assigned as  an agent  assisting  someone else  can't                                                               
exceed his/her own personal possession limit.                                                                                   
                                                                                                                                
REPRESENTATIVE  HUGHES  surmised then  that  the  intent is  that                                                               
someone who is assisting others  can't exceed the amount allotted                                                               
the individual person who is assisting.                                                                                         
                                                                                                                                
MR. HILYARD replied yes.                                                                                                        
                                                                                                                                
8:53:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked  if on page 3, line  4, the insertion                                                               
of  "municipality"  is  appropriate  since  the  legislation  now                                                               
includes established villages  as an entity that  can implement a                                                               
local option.                                                                                                                   
                                                                                                                                
MR.  HILYARD  answered  that  he   didn't  believe  it  would  be                                                               
applicable because  an established village  has no means  to make                                                               
or  impose an  ordinance  or  penalties since  it  has no  formal                                                               
governing   structure.     The   local   election  included   for                                                               
established villages speaks  to whether the village  will or will                                                               
not allow commercial marijuana operations.                                                                                      
                                                                                                                                
8:54:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ORTIZ, referring  to page 6, line 2,  asked if the                                                               
local option is always a vote  of the people rather than [a vote]                                                               
from a particular governmental body.                                                                                            
                                                                                                                                
MR. HILYARD stated that AS 17.38.110  is the body of statute that                                                               
deals with local control.   He directed attention to the language                                                               
on  page 3,  lines 26-31,  that says  an established  village may                                                               
prohibit  the operation  of marijuana  establishments by  a voter                                                               
initiative, election.                                                                                                           
                                                                                                                                
8:56:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES directed attention to  page 7, line 25, and                                                               
related  her  understanding that  the  language  allows either  a                                                               
local governing body  or marijuana control board to  help set the                                                               
perimeter of an  established village if there is  no post office.                                                               
However,  the  language  on  page  8, line  9,  would  allow  the                                                               
marijuana  control  board  to  determine   the  perimeter  of  an                                                               
established village  if the perimeter doesn't  accurately reflect                                                               
the perimeter  of the  established village.   She inquired  as to                                                               
why the local  governing body wouldn't be given  the authority to                                                               
establish the perimeter.                                                                                                        
                                                                                                                                
MR.  HILYARD,   based  on  conversations  with   the  legislative                                                               
attorney Ms.  Martin, opined that  the language on page  8, lines                                                               
9-13,  is the  presumption of  the absence  of a  local governing                                                               
body.   The  entirety of  Section 17  of Version  P is  essential                                                               
language  that  is identical  to  that  of  Title 4  relating  to                                                               
alcohol local option elections.   The reference to "board" refers                                                               
to either the  Alcoholic Beverage Control Board  ("ABC Board") or                                                               
a marijuana control board, if the legislature establishes one.                                                                  
                                                                                                                                
8:58:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES   expressed  concern  with  the   lack  of                                                               
reference to  a local governing  body for an  established village                                                               
in this legislation  and existing Title 4 statute.   If the five-                                                               
mile  radius doesn't  work and  there is  the desire  to make  it                                                               
larger, she  opined that might  be something the  local governing                                                               
body should be able to address.                                                                                                 
                                                                                                                                
MR. HILYARD characterized that as a good point.                                                                                 
                                                                                                                                
REPRESENTATIVE  HUGHES  asked if  the  sponsor  would consider  a                                                               
conceptual amendment to address the aforementioned.                                                                             
                                                                                                                                
REPRESENTATIVE SEATON reminded the  committee of the testimony it                                                               
received from  villages wanting  to have  a 25-mile  buffer zone.                                                               
He  cautioned against  using language  that would  allow a  local                                                               
option  to control  as much  land  as is  locally determined  and                                                               
requested more definition before forwarding something like that.                                                                
                                                                                                                                
REPRESENTATIVE HUGHES reiterated  her question as to  why a state                                                               
board  would  be  given  this   authority  rather  than  a  local                                                               
governing body.                                                                                                                 
                                                                                                                                
9:01:38 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON withdrew  her objection.   There  being no  further                                                               
objection, Version P was adopted.                                                                                               
                                                                                                                                
9:01:56 AM                                                                                                                    
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                                
9:02:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  moved that  the committee  adopt Amendment                                                               
1, labeled 29-LS0345\P.2, Nauman/Martin, 2/20/15, which read:                                                                   
                                                                                                                                
     Page 5, line 25:                                                                                                           
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion purposes.                                                                         
                                                                                                                                
9:02:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  explained that Amendment 1  is a technical                                                               
correction to  reflect the language  of the initiative  such that                                                               
municipalities "may" create a local advisory board.                                                                             
                                                                                                                                
9:03:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON withdrew  his objection.   There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
9:03:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  moved that  the committee  adopt Amendment                                                               
2, labeled 29-LS0345\P.1, Nauman/Martin, 2/20/15, which read:                                                                   
                                                                                                                                
     Page 4, line 7, following "civil":                                                                                         
          Insert "and criminal"                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion purposes.                                                                         
                                                                                                                                
9:03:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  reminded  the committee  that  there  was                                                               
testimony to  include "and criminal" penalties  for the violation                                                               
of  an ordinance  or regulation.   The  desire was  to avoid  any                                                               
ambiguity.                                                                                                                      
                                                                                                                                
9:04:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  clarified that  the change in  Amendment 2                                                               
isn't criminalizing the  use of marijuana but  rather simply says                                                               
that civil and  criminal penalties can be  imposed for violations                                                               
to   "the  time,   place,  manner,   and   number  of   marijuana                                                               
establishment operations."                                                                                                      
                                                                                                                                
9:05:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON withdrew  his objection.   There  being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
9:05:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  related his belief  that it would  be much                                                               
clearer for enforcement  purposes if there was  a specific number                                                               
of  plants  per  household  rather than  having  the  "assisting"                                                               
language.  He  suggested that the [limit on the  number of plants                                                               
in a  household] shouldn't be more  than the number of  adults in                                                               
the  household.   In fact,  he said  he would  support the  limit                                                               
being  no more  than  two  personal use  limits,  12 plants,  per                                                               
household.    The  "assisting," he opined,  would occur  in other                                                               
establishments  or other  people's homes,  which would  eliminate                                                               
the  concern  with assisting  multiple  people  in one  household                                                               
beyond  the  personal  limit.   He  expressed  concern  with  the                                                               
personal limit  being set at  six plants  even if there  are four                                                               
people in  the home.   He concluded by  encouraging consideration                                                               
of the aforementioned.                                                                                                          
                                                                                                                                
9:07:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ORTIZ  noted   his  support   of  Representative                                                               
Seaton's comments.   He  then asked if  Mr. Hilyard  had received                                                               
any  feedback  from  Alaska's  initiative  sponsors  regarding  a                                                               
household limit.                                                                                                                
                                                                                                                                
MR. HILYARD  responded that he  hasn't had a  specific discussion                                                               
[regarding a household  limit] with Dr. Tim  Hinterberger, who is                                                               
the  chair  of  Alaska's  Campaign  to  Regulate  Marijuana  Like                                                               
Alcohol.     However,  he  reiterated   that  he  did   have  the                                                               
conversation with Ms. Yeung, who  is the policy and legal counsel                                                               
for the  Campaign to  Regulate Marijuana  Like Alcohol  and found                                                               
[the household limit] to be consistent [with the campaign].                                                                     
                                                                                                                                
9:08:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  opined that using the  language "view from                                                               
a public place"  could be problematic, and thus  he expressed the                                                               
need  for the  committee to  give more  thought to  such a  large                                                               
extension of the prohibition against  consuming in a public place                                                               
without  using  the  public  option.     He  predicted  that  the                                                               
aforementioned    extension   could    result   in    conflicting                                                               
regulations.                                                                                                                    
                                                                                                                                
9:11:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ORTIZ asked  if  the Alaska  State Troopers  have                                                               
offered their view  of this issue with local control  in terms of                                                               
enforcement.     Representative  Ortiz  said  that   although  he                                                               
supports   local  control,   he  could   foresee  problems   with                                                               
enforcement of rules that vary dependent upon location.                                                                         
                                                                                                                                
MR. HILYARD  answered that he  has had no conversations  with the                                                               
Alaska  State Troopers,  Department of  Public Safety,  regarding                                                               
this legislation, in  part, because HB 75 is trying  not to delve                                                               
too  far into  criminal aspects.   However,  he acknowledged  the                                                               
concerns with enforcement.   He noted that  some policy questions                                                               
were  not included  in  the  legislation, in  part,  so that  the                                                               
committee could  make determinations as to  where the legislation                                                               
will head.                                                                                                                      
                                                                                                                                
9:13:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES,  returning  to  the  concept  of  "public                                                               
place"  and [consuming  in  public view],  remarked  that she  is                                                               
thinking in terms  of protecting children.  She  opined that it's                                                               
better to  start with  tighter [laws]  and then  open them  up if                                                               
necessary.   She further opined that  at first blush she  is more                                                               
supportive of  including the where  observable language  in order                                                               
to protect children,  particularly when one looks  at how alcohol                                                               
has been treated.                                                                                                               
                                                                                                                                
9:15:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   pointed  out  that  the   definition  of                                                               
marijuana in  HB 75 doesn't  exclude agricultural hemp,  which is                                                               
cannabis.   Therefore,  agricultural hemp  needs to  be addressed                                                               
because every farm is viewable from a public place.                                                                             
                                                                                                                                
MR. HILYARD related his understanding  that the functional intent                                                               
of the  language on  page 1,  lines 12-13,  which read  "does not                                                               
include fiber  produced from  the stalks, oil  or cake  made from                                                               
the seeds  of the plant", was  to not include industrial  hemp as                                                               
part of the proper definition of marijuana.                                                                                     
                                                                                                                                
9:17:42 AM                                                                                                                    
                                                                                                                                
MR. HILYARD reiterated  that the legislation was  drafted to fall                                                               
within the intent  of the initiative sponsors, and  thus is based                                                               
on the Campaign  to Regulate Marijuana Like  Alcohol.  Therefore,                                                               
a  prohibition against  consuming  marijuana  within public  view                                                               
wasn't  addressed as  there's no  such prohibition  with alcohol.                                                               
Again,  there  are policy  discussions  for  which the  committee                                                               
needs to provide direction.                                                                                                     
                                                                                                                                
9:18:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that  the language on  page 1,                                                               
lines  12-14, doesn't  include the  growing  of industrial  hemp,                                                               
agriculture.   If the  intent is to  exclude industrial  hemp, it                                                               
needs to be addressed in the legislation, he indicated.                                                                         
                                                                                                                                
9:19:36 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced that HB 75 would be held over.                                                                           

Document Name Date/Time Subjects
CS HB 75 Version P.pdf HCRA 2/24/2015 8:00:00 AM
HB 75
Sourcebook for Municipal Marijuana.pdf HCRA 2/24/2015 8:00:00 AM
HB 75
CSHB75 Sectional Analysis, versionP.pdf HCRA 2/24/2015 8:00:00 AM
HB 75
HB075-DCCED-ABC-02-20-15.pdf HCRA 2/24/2015 8:00:00 AM
HB 75
CSHB 75 Public Comment, Brandt-Erichsen.pdf HCRA 2/24/2015 8:00:00 AM
HB 75
Amendment CS HB 75 Version P.2, PROPOSED.pdf HCRA 2/24/2015 8:00:00 AM
HB 75
CSHB 75 AMENDMENT P1, Proposed.pdf HCRA 2/24/2015 8:00:00 AM
HB 75