Legislature(2011 - 2012)CAPITOL 120

03/07/2011 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 76 STALKING/SEXUAL ASSAULT PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
*+ HB 153 CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 HB 153 - CONTROLLED SUBSTANCES                                                                             
                                                                                                                                
1:47:29 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the final order  of business                                                               
would be HOUSE  BILL NO. 153, "An Act relating  to the scheduling                                                               
and   rescheduling   of    certain   substances   as   controlled                                                               
substances."                                                                                                                    
                                                                                                                                
1:47:49 PM                                                                                                                    
                                                                                                                                
REID HARRIS,  Staff, Representative  Kyle Johansen,  Alaska State                                                               
Legislature, on  behalf of the sponsor,  Representative Johansen,                                                               
mentioned that  similar legislation has been  introduced in prior                                                               
years, and explained  that Section 1 of HB 153  would add two new                                                               
substances - Salvia  divinorum, and Salvinorin A  (Divinorin A) -                                                               
to  the  list  of  schedule   IIA  controlled  substances  in  AS                                                               
11.71.150.  Salvia  divinorum is the name of  a particular plant,                                                               
a  perennial  herb in  the  mint  family indigenous  to  southern                                                               
Mexico  but capable  of  being grown  pretty  much anywhere,  and                                                               
Salvinorin A (Divinorin A) is  the active ingredient derived from                                                               
that plant.   In fact, Salvinorin A (Divinorin A)  is, by weight,                                                               
the   most   potent   naturally-occurring   hallucinogen   known.                                                               
Information from  the U.S. Drug Enforcement  Administration (DEA)                                                               
indicates that  some of the  effects of Salvia  divinorum include                                                               
perceptions  of   bright  lights,  vivid  colors,   shapes,  body                                                               
movement, and body  or object distortions; an  inducement of fear                                                               
and  panic;  uncontrollable  laughter;  a  sense  of  overlapping                                                               
realities;   other   hallucinations;   [loss   of   coordination;                                                               
dizziness; and slurred speech].                                                                                                 
                                                                                                                                
MR. HARRIS noted  that neither Salvia divinorum  nor Salvinorin A                                                               
(Divinorin A) have  been scheduled by the DEA yet,  though it has                                                               
added them  to its "diversion  list."   As of September  2010, 24                                                               
states  and 20  countries have  [taken steps  to control)  Salvia                                                               
divinorum,  either banning  it outright  or banning  its sale  to                                                               
minors  or  doing  both  to  some  extent.    Salvia  divinorum's                                                               
pharmaceutical  effects are  still being  studied -  it has  been                                                               
used  in Mexico  for  thousands of  years, though  its  use as  a                                                               
recreational drug in  the United States is very recent  - and its                                                               
long-term  effects aren't  yet  known, though  it  may have  some                                                               
value in reducing gastrointestinal  disease and in drug treatment                                                               
therapy.   Under  HB 153,  only  the recreational  use of  Salvia                                                               
divinorum and Salvinorin  A (Divinorin A) would  be outlawed, not                                                               
medical  research.   A number  of videos  of people  using Salvia                                                               
divinorum  are available  on the  Internet, he  relayed, and  the                                                               
drug's use has  become very popular among young  people; on those                                                               
videos, users "wig out and then  pass out for about five minutes,                                                               
and then wake  up and kind of go, 'What  happened?'"  The average                                                               
user is  between 18 and  25 years old,  though some users  are as                                                               
young as  12, and the  drug can be  purchased at local  stores in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. HARRIS explained  that Sections 2 and 3 of  HB 153 would move                                                               
buprenorphine from the list of  schedule VA controlled substances                                                               
in  AS  11.71.180,  to  the  list  of  schedule  IIIA  controlled                                                               
substances in  AS 11.71.160.   Buprenorphine is  a semi-synthetic                                                               
opioid  used in  lower  doses  to treat  addicts  and to  control                                                               
moderate pain  in non-opioid-tolerant  individuals, but  it also,                                                               
much like  other opioids, has a  high potential for abuse.   This                                                               
proposed  change  is   anticipated  to  increase  buprenorphine's                                                               
enforceability, and was  added at the request  of law enforcement                                                               
because of a recent increase in its abuse.                                                                                      
                                                                                                                                
MR. HARRIS  noted that at  one point, the sponsor  had considered                                                               
only making it illegal to  sell Salvia divinorum and Salvinorin A                                                               
(Divinorin A) to  minors, but then, after seeing  videos of users                                                               
and how seriously  the drug affects them, decided  to address the                                                               
issue via  an outright ban,  listing it  in the same  schedule as                                                               
other hallucinogens.                                                                                                            
                                                                                                                                
1:58:53 PM                                                                                                                    
                                                                                                                                
ORIN  DYM,  Forensic   Laboratory  Supervisor,  Scientific  Crime                                                               
Detection Laboratory,  Office of the Commissioner,  Department of                                                               
Public Safety  (DPS), in response  to a question,  indicated that                                                               
the  Scientific  Crime  Detection Laboratory  ("Crime  Lab")  has                                                               
expertise in detecting  the presence of the  substances listed in                                                               
the bill.                                                                                                                       
                                                                                                                                
2:00:32 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS),  said  that the  DPS  supports  HB 153  primarily  because                                                               
without  its   proposed  changes,  law  enforcement   could  have                                                               
difficulty  charging   drivers  under   the  influence   of  such                                                               
substances with driving under the influence (DUI).                                                                              
                                                                                                                                
2:01:30 PM                                                                                                                    
                                                                                                                                
VIKI WELLS,  Behavioral Health Specialist,  Southcentral Regional                                                               
Team,  Treatment  &  Recovery  Section,  Division  of  Behavioral                                                               
Health (DBH),  Department of Health  and Social  Services (DHSS),                                                               
relayed  that Salvia  divinorum  and Salvinorin  A (Divinorin  A)                                                               
have been  advertised on  the Internet  as legal  alternatives to                                                               
lysergic acid  diethylamide (LSD) and mescaline  that can produce                                                               
an  out  of  body  experience. Because  tests  to  determine  the                                                               
presence   of  these   substances  have   only  recently   become                                                               
available,  there hasn't  been much  in the  way of  detection or                                                               
reporting by  grantees of  substance-use-disorder programs.   She                                                               
surmised that  it could be  difficult to control  salvia because,                                                               
as a  plant, its cuttings  are easily available on  the Internet,                                                               
it's relatively inexpensive, and it's  easily grown - in fact, in                                                               
some states,  it's grown as a  decorative plant.  With  regard to                                                               
buprenorphine,  she explained  that it's  primarily used  for the                                                               
treatment  of opioid  addiction,  and sometimes  for  pain.   Its                                                               
abuse, nationally,  has been a  growing problem,  and considering                                                               
the prevalence of opioid addiction  in Alaska, she predicted that                                                               
it  would continue  to be  a growing  problem here  as well.   In                                                               
conclusion,   she  offered   her   understanding  that   treating                                                               
buprenorphine  as a  schedule IIIA  controlled substance,  as the                                                               
bill  proposes, would  mirror how  the federal  government treats                                                               
it.                                                                                                                             
                                                                                                                                
2:06:30 PM                                                                                                                    
                                                                                                                                
DOUGLAS  MOODY,  Deputy   Director,  Criminal  Division,  Central                                                               
Office,   Public    Defender   Agency   (PDA),    Department   of                                                               
Administration (DOA),  noting that buprenorphine is  used for the                                                               
treatment  of opioid  addiction, offered  his understanding  that                                                               
heroin abuse constitutes the State's  biggest opioid problem.  In                                                               
response  to questions,  he  said  that he  is  unaware of  there                                                               
currently  being  a  problem with  people  becoming  addicted  to                                                               
buprenorphine; that  although under current law,  some controlled                                                               
substances are listed in more  than one schedule depending on the                                                               
amount, he  is unable to say  whether the same approach  ought to                                                               
be  taken  with  buprenorphine;  and   that  it  seems  that  the                                                               
hallucinogens Salvia divinorum and Salvinorin A (Divinorin A)                                                                   
are short-acting compared with other hallucinogens.                                                                             
                                                                                                                                
MR. DYM, in response to a question, indicated that it's not                                                                     
anticipated that HB 153 would have a fiscal impact on the Crime                                                                 
Lab.                                                                                                                            
                                                                                                                                
VICE CHAIR THOMPSON, after ascertaining that no one else wished                                                                 
to testify, closed public testimony on HB 153, and announced                                                                    
that HB 153 would be held over.                                                                                                 

Document Name Date/Time Subjects
HB76 Hearing Request 02-16-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 76
HB76 Sponsor Statement 02-16-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 76
HB76 Sectional Analysis 02-15-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 76
HB76 Version A 01-18-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 76
HB76 Fiscal Note-LAW-CRIM 03-04-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 76
HB153 Sponsor Statement 02-21-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB76 Supporting Documents-Letter ANDVSA 02-07-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 76
HB153 Hearing Request 02-25-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB153 Version A 02-11-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB153 Fiscal Note-DPS-DET 03-04-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB153 Fiscal Note-LAW-CRIM 03-04-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB153 Supporting Documents-Bulletin DOJ 07-01-09.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB153 Supporting Documents-Fact Sheet 02-25-11.pdf HJUD 3/7/2011 1:00:00 PM
HB 153
HB153 Supporting Documents-Report Leg. Research 03-09-10.pdf HJUD 3/7/2011 1:00:00 PM
HB 153