Legislature(2015 - 2016)SENATE FINANCE 532

04/09/2016 10:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 201 PHARMA BD & EMPLOYEES;DRUG DIST/MANUFAC TELECONFERENCED
Heard & Held
+ SB 200 MANDATORY PHYSICAL ACTIVITY IN SCHOOLS TELECONFERENCED
Heard & Held
+ SJR 12 CONST. AM: ELECTED ATTORNEY GENERAL TELECONFERENCED
Heard & Held
+ SB 163 NATL. RES. WATER NOMINATION/DESIGNATION TELECONFERENCED
Heard & Held
+ SB 8 INDUSTRIAL HEMP PRODUCTION LICENSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 8                                                                                                             
                                                                                                                                
     "An Act relating to the regulation and production of                                                                       
     industrial hemp."                                                                                                          
                                                                                                                                
11:00:10 AM                                                                                                                   
                                                                                                                                
SENATOR  JOHNNY ELLIS,  SPONSOR,  voiced that  the bill  had                                                                    
growing support  and no known opposition.  He contended that                                                                    
the bill would give Alaskans  the freedom to farm industrial                                                                    
hemp. He asserted  that the state should not  be hindered by                                                                    
the federal government in  producing industrialized hemp, as                                                                    
it  was not  related to  marijuana.  He felt  that the  bill                                                                    
would help out  Alaska farmers and take a  stand against the                                                                    
federal   government.  He   offered  a   brief  history   of                                                                    
industrialized  hemp in  the United  States.  He dubbed  the                                                                    
bill a "freedom  to farm" bill, which  would unite lawmakers                                                                    
in bipartisan support.  He revealed that it  was not certain                                                                    
where  in the  state the  product would  grow, but  insisted                                                                    
that Alaskan farmers  wanted to make the  attempt. He shared                                                                    
that  the uses  for  industrialized hemp  were numerous.  He                                                                    
referred  to  support letters  in  member  packets (copy  on                                                                    
file).                                                                                                                          
                                                                                                                                
11:04:32 AM                                                                                                                   
                                                                                                                                
SARAH  EVANS, STAFF,  SENATOR  JOHNNY  ELLIS, discussed  the                                                                    
sectional analysis of the bill (copy on file):                                                                                  
                                                                                                                                
     Section  1  establishes  a  license  procedure  in  the                                                                  
     Department  of Natural  Resources (DNR)  for production                                                                    
     of  industrial   hemp,  including   planting,  growing,                                                                    
     harvesting, processing, possessing,  selling, or buying                                                                    
     industrial  hemp.   This  section  also   requires  the                                                                    
     Commissioner of  DNR to  adopt regulations  relating to                                                                    
     industrial hemp.                                                                                                           
                                                                                                                                
     Section  2   creates  an   affirmative  defense   to  a                                                                  
     prosecution  under AS  11.71.030  -  11.71.060 for  the                                                                    
     manufacture,  delivery,   possession,  possession  with                                                                    
     intent  to  manufacture or  deliver,  or  display of  a                                                                    
     schedule  VI controlled  substance  if  the person  was                                                                    
     licensed to  produce industrial hemp and  in compliance                                                                    
     with the term of license.                                                                                                  
                                                                                                                                
     Section 3  authorizes the  Department of  Public Safety                                                                  
     to  conduct a  national criminal  history record  check                                                                    
     for  licensure as  an industrial  hemp  producer in  AS                                                                    
     12.62.400.                                                                                                                 
                                                                                                                                
     Section 4  states that a  person who is  licensed under                                                                  
     sec.1 of  the bill  to produce  industrial hemp  is not                                                                    
     required to  be licensed  as a  marijuana establishment                                                                    
     under AS 17.38.100.                                                                                                        
                                                                                                                                
11:06:45 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  queried   the  difference  between  the                                                                    
intent of  the bill, and  that of the  citizens' initiative,                                                                    
which  would require  a  license  for industrial  operations                                                                    
related to cannabis.                                                                                                            
                                                                                                                                
Senator  Ellis  responded  that   there  was  an  understood                                                                    
difference between  the two crops.  The cannabis crop  had a                                                                    
much greater THC level than that of industrial hemp.                                                                            
                                                                                                                                
11:07:49 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon OPENED public testimony.                                                                                     
                                                                                                                                
11:08:18 AM                                                                                                                   
                                                                                                                                
ROB  CARTER, DIVISION  OF AGRICULTURE  (via teleconference),                                                                    
testified in support  of the bill. He clarified  that the CS                                                                    
would not have fiscal impact for the division.                                                                                  
                                                                                                                                
Co-Chair  MacKinnon rebutted  that the  fiscal not  had been                                                                    
for $160,000  the previous day.  She whether  the industrial                                                                    
hemp would need to be tested for THC levels.                                                                                    
                                                                                                                                
Mr. Carter explained that as  the CS was written, there were                                                                    
no  requirements   for  the  division  to   provide  testing                                                                    
services.                                                                                                                       
                                                                                                                                
Co-Chair MacKinnon  wondered whether public safety  or state                                                                    
troopers would  be able to identify  visually the difference                                                                    
between industrial hemp and marijuana.                                                                                          
                                                                                                                                
Mr. Carter responded  in the negative. He  believed that the                                                                    
difference between marijuana and hemp  would have to be left                                                                    
to the good faith of the producer.                                                                                              
                                                                                                                                
11:10:18 AM                                                                                                                   
                                                                                                                                
RONDA   MARCY,   CHIEF   EXECUTIVE  OFFICER,   ALASKA   HEMP                                                                    
INDUSTRIES  (via teleconference),  testified  in support  of                                                                    
the  bill.  She  clarified that  affirmative  defense  would                                                                    
shift the  burden of  testing onto  the field  producer. She                                                                    
relayed that  the hemp would  be tested numerous  times, and                                                                    
that certified  seeds, verified  to be  less than  3 percent                                                                    
THC,  would  be  used.     She  offered  an  anecdote  about                                                                    
industrialized hemp in Kentucky,  and the benefits the plant                                                                    
had offered the  state. She said that her  company was ready                                                                    
to  help  farmers  to  produce  products  that  ranged  from                                                                    
insulation  and  concrete,  to   fish  food.  She  expressed                                                                    
excitement about bringing the industry to Alaska.                                                                               
                                                                                                                                
11:12:40 AM                                                                                                                   
                                                                                                                                
Senator Bishop asked about the use of hemp in concrete.                                                                         
                                                                                                                                
Ms.  Marcy  shared  that  there was  a  substance  known  as                                                                    
"hempcrete,"  which  had  been   used  to  build  the  Roman                                                                    
aqueducts. She discussed the high  value of hemp insulation.                                                                    
She explained  that the hempcrete had  a bit of a  "give" to                                                                    
it, making  it optimal for  use in buildings in  Alaska. She                                                                    
added that the high insulation  factor of hemp would help to                                                                    
lower energy costs in the state.                                                                                                
                                                                                                                                
11:14:24 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  asked  whether  the  recent  initiative                                                                    
would legalize the opening hemp retail establishments.                                                                          
Ms. Marcy replied that she  had submitted an application for                                                                    
a license,  but added  that hemp  sales and  marijuana sales                                                                    
were  separate issues.  She had  been  legally advised  that                                                                    
growing hemp  was legal, provided  the producer  could prove                                                                    
that the product contained less  than three percent THC. She                                                                    
asserted that she would strive  to be in compliance with all                                                                    
regulations.  She offered  that the  nutritional content  of                                                                    
hemp was higher than alfalfa.                                                                                                   
                                                                                                                                
11:16:34 AM                                                                                                                   
                                                                                                                                
DON HART,  SELF, WASILLA (via teleconference),  testified in                                                                    
support  of  the bill.  He  pointed  out that  the  previous                                                                    
testifier was a  bastion of information related  to hemp and                                                                    
marijuana. He discussed the  legalization of industrial hemp                                                                    
in Canada. He  explained that at the present  time, hemp was                                                                    
generating funds for Canada, which  he thought would be good                                                                    
for  Alaska. He  discussed  the hemp  seed,  which had  nine                                                                    
grams of  protein in three tablespoons;  higher than salmon.                                                                    
He  believed  that  industrialized hemp  could  bolster  the                                                                    
Alaskan economy.                                                                                                                
                                                                                                                                
11:19:17 AM                                                                                                                   
                                                                                                                                
JACK  BENNETT, SELF,  HOMER (via  teleconference), testified                                                                    
in support  of the bill. He  discussed sustainable building,                                                                    
and had worked on building  a tiny home model utilizing hemp                                                                    
products. He discussed heating in  rural areas of the state,                                                                    
and  highlighted the  importance  of  energy efficiency  and                                                                    
sustainability that  could be  provided with  green building                                                                    
materials  such  as  hemp  products.   He  lauded  the  high                                                                    
geothermal  mass  of  hempcrete.   He  discussed  the  waste                                                                    
produced with concrete production.  He relayed that Mercedes                                                                    
Benz  and BMW  used hemp  plastics  in their  car doors.  He                                                                    
expounded  on the  many useful  qualities of  industrialized                                                                    
hemp.                                                                                                                           
                                                                                                                                
11:23:02 AM                                                                                                                   
                                                                                                                                
LACEY   ESHLEMAN,   SELF,  WASILLA   (via   teleconference),                                                                    
testified  in support  of  the bill.  She  had an  extensive                                                                    
farming  background,  and  acknowledged that  challenges  of                                                                    
farming in  Alaska. She thought  there would be  benefits to                                                                    
farming hemp. She discussed  her personal farming experience                                                                    
and history.  She expressed excitement about  the industrial                                                                    
applications  of   hemp.  She  possessed   currently  unused                                                                    
farmland  and was  interested in  growing hemp.  She thought                                                                    
industrialized hemp would help to stimulate the economy.                                                                        
                                                                                                                                
11:25:26 AM                                                                                                                   
                                                                                                                                
CASEY   ESHLEMAN,   SELF,  WASILLA   (via   teleconference),                                                                    
testified  in support  of  the bill.  He  was interested  in                                                                    
industrialized hemp  for the health and  industrial benefits                                                                    
the  plant  would  provide.   He  shared  that  agricultural                                                                    
benefits  of the  hemp plant  included  the rejuvenation  of                                                                    
depleted soils.  He relayed  that, as  a contractor,  he was                                                                    
excited  to  use industrial  hemp  in  his construction.  He                                                                    
encouraged the passage of the legislation.                                                                                      
                                                                                                                                
11:27:21 AM                                                                                                                   
                                                                                                                                
FRANK   TURNEY,   SELF,  FAIRBANKS   (via   teleconference),                                                                    
testified  in support  of the  bill. He  shared that  he had                                                                    
been  trying to  educate his  community on  the benefits  of                                                                    
industrial  hemp,   and  the   difference  between   it  and                                                                    
smokeable  cannabis,  for  two  decades.  He  mentioned  the                                                                    
Fairbanks Northstar  Borough's resolution in support  of the                                                                    
bill. He  stated that hemp  biomass was the  fastest growing                                                                    
biomass on the planet. He  discussed the products that could                                                                    
be  made  using hemp.  He  offered  a brief  explanation  of                                                                    
cannabis and hemp. He directed  the committee's attention to                                                                    
the website www.hemp.com as a source of information.                                                                            
                                                                                                                                
11:30:46 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
11:31:04 AM                                                                                                                   
                                                                                                                                
Vice-Chair Micciche discussed the fiscal note.                                                                                  
                                                                                                                                
Vice-Chair Micciche thought that  the zero fiscal note would                                                                    
be defensible if  the cost were shifted to  the producer. He                                                                    
wondered why the sponsor had not considered the shift.                                                                          
                                                                                                                                
Senator Ellis  explained that any hemp  production in Alaska                                                                    
would require the importation of  hemp seeds from elsewhere.                                                                    
He believed  that the affirmative  defense written  into the                                                                    
bill that related to the  producer using less than 3 percent                                                                    
THC seeds would be enough  legal coverage for the farmer and                                                                    
the  state. He  said that  he would  accept any  suggestions                                                                    
that the committee had to offer.                                                                                                
Vice-Chair  Micciche thought  that  the bill  could be  more                                                                    
prescriptive.                                                                                                                   
                                                                                                                                
SB  8   was  HEARD  and   HELD  in  committee   for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 8 Public Testimony Packet 1.pdf SFIN 4/9/2016 10:00:00 AM
SB 8