Legislature(1999 - 2000)

04/28/1999 06:00 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                    
                          April 28, 1999                                                                                        
                            6:00 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Gary Wilken                                                                                                             
Senator Drue Pearce                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94                                                                                       
"An Act relating to the medical use of marijuana; and providing for                                                             
an effective date."                                                                                                             
     -HEARD AND HELD                                                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 94 - See HESS minutes dated 3-24-99.                                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
John (Jack) Anderson                                                                                                            
1430 W 12th                                                                                                                     
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Teresa Lyons                                                                                                                    
Alaska Nurses Association                                                                                                       
PO Box 477                                                                                                                      
Ester, AK  99725                                                                                                                
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Irene Alexakos                                                                                                                  
1311 Tarn                                                                                                                       
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Natalie Ringland                                                                                                                
50016 Forest Glen Street                                                                                                        
Kenai, AK  99611                                                                                                                
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Mark Chryson, Chairman                                                                                                          
Alaska Independent Party                                                                                                        
2140 Wolverine Circle                                                                                                           
Wasilla, AK  99654                                                                                                              
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Jim Kentch                                                                                                                      
2708 W 64th                                                                                                                     
Anchorage, AK  99502                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Neal Matson                                                                                                                     
PO Box 80888                                                                                                                    
Fairbanks, AK  99708                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Cathleen Rolph                                                                                                                  
PO Box 2943                                                                                                                     
Soldotna, AK  99669                                                                                                             
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Annalee Owens                                                                                                                   
HC 30 Box 5423                                                                                                                  
Wasilla, AK  99654                                                                                                              
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Don Dapcevich                                                                                                                   
State Advisory Board on Alcoholism and Drug Abuse                                                                               
Box 021571                                                                                                                      
Juneau, AK  99802                                                                                                               
POSITION STATEMENT:  Commented on SB 94                                                                                         
                                                                                                                                
Stephen Mihalik                                                                                                                 
8009 Huckleberry St.                                                                                                            
Anchorage, AK  99502                                                                                                            
POSITION STATEMENT:  Supports SB 94                                                                                             
                                                                                                                                
Bill Kozlowski                                                                                                                  
713 5th St.                                                                                                                     
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Kathy Needles                                                                                                                   
5340 E 26th                                                                                                                     
Anchorage, AK  99502                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Roger Hansen                                                                                                                    
PO Box 84951                                                                                                                    
Fairbanks, AK  99708                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Lonnie Temple                                                                                                                   
Box 2914                                                                                                                        
Kenai, AK  99611                                                                                                                
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Todd Whitstine                                                                                                                  
HC 04 Box 3477                                                                                                                  
Palmer, AK  99645                                                                                                               
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Jeffrey Gottlieb                                                                                                                
PO Box 91840                                                                                                                    
Anchorage, AK  99509                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Jodi Olmstead                                                                                                                   
PO Box 56853                                                                                                                    
North Pole, AK  99705                                                                                                           
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Robert Poggas                                                                                                                   
9941 Whitefish Circle                                                                                                           
Anchorage, AK  99515                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Charles Rollins                                                                                                                 
PO Box 55616                                                                                                                    
North Pole, AK  99705                                                                                                           
POSITION STATEMENT:   Commented on SB 94                                                                                        
                                                                                                                                
Betty Rollins                                                                                                                   
PO Box 55616                                                                                                                    
North Pole, AK  99705                                                                                                           
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Ralph Jones                                                                                                                     
10309 VFW Rd.                                                                                                                   
Eagle River, AK  99577                                                                                                          
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Cindy Hutchens                                                                                                                  
Rt 1 Box 94-A                                                                                                                   
Kenai, AK  99611                                                                                                                
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Dirk Nelson                                                                                                                     
PO Box 283                                                                                                                      
Ester, AK  99725                                                                                                                
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Kendall Thomas                                                                                                                  
5350 Little Tree St.                                                                                                            
Anchorage, AK  99508                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Daniel Hancock                                                                                                                  
PO Box 82590                                                                                                                    
Fairbanks, AK  99708                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
John Thomas                                                                                                                     
5350 Little Tree St                                                                                                             
Anchorage, AK  99508                                                                                                            
POSITION STATEMENT:    Opposed to SB 94                                                                                         
                                                                                                                                
Keith Klemme                                                                                                                    
6630 E 10th Ave.                                                                                                                
Anchorage, AK  99504                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Tony Masella                                                                                                                    
455 3rd Ave. #813                                                                                                               
Fairbanks, AK  99701                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Deborah Luper                                                                                                                   
PO Box 242032                                                                                                                   
Anchorage, AK  99524                                                                                                            
POSITION STATEMENT:  Supports SB 94                                                                                             
                                                                                                                                
Helen Peters                                                                                                                    
1501 W 11th St. #22                                                                                                             
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
Byron Gray                                                                                                                      
PO Box 544                                                                                                                      
Anchorage, AK  99510                                                                                                            
POSITION STATEMENT:  Opposed to SB 94                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-23, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 6:00 p.m.  Present were                                                                   
Senators Pete Kelly, Elton, and Chairman Miller.  CHAIRMAN MILLER                                                               
announced that the meeting was scheduled for the specific purpose                                                               
of taking public testimony on SB 94, and he asked those testifying                                                              
to limit their testimony to two minutes due to the large number of                                                              
participants.  CHAIRMAN MILLER informed participants that a copy of                                                             
the amendments proposed by the Administration had been faxed to all                                                             
Legislative Information Offices that day, and that he intends to                                                                
adopt those amendments into a new committee substitute which should                                                             
be prepared by Monday.  He asked participants to direct their                                                                   
remarks to the proposed amendments and announced Vice-Chair Kelly                                                               
would be chairing the remainder of the meeting this evening.                                                                    
                                                                                                                                
The following testimony was taken via teleconference from                                                                       
participants at the Legislative Information Offices around the                                                                  
State.                                                                                                                          
                                                                                                                                
Number 036                                                                                                                      
                                                                                                                                
MR. JACK ANDERSON, a 60 year resident and past member of the                                                                    
Anchorage Chamber of Commerce, asked committee members to consider                                                              
that a particular pain pill prescribed to terminally ill patients                                                               
must be taken every 6 hours, at a cost of $8 each, and does not                                                                 
work.  A marijuana injection, taken twice per day, costs 20 cents                                                               
per injection, and works.  He questioned how we can deny our                                                                    
terminally ill friends and family relief from pain.  He noted that                                                              
police go after marijuana users because drug busts on their resumes                                                             
make them look great.  He concluded by saying Alaskans told                                                                     
legislators at the polls what they wanted in no uncertain terms.                                                                
He believes Senator Leman should be recalled immediately for                                                                    
introducing this legislation.                                                                                                   
                                                                                                                                
TERESA LYONS, representing the Alaska Nurses Association (ANA), the                                                             
voice of 7,000 registered nurses throughout Alaska, made the                                                                    
following comments in opposition to SB 94.  The ANA is one of                                                                   
several health care professional organizations that endorsed the                                                                
ballot measure that passed by a margin of 72 percent.  The ANA is                                                               
extremely saddened that SB 94 has been introduced as it appears to                                                              
be an attempt to legislate professional health care practice which                                                              
should be left in the hands of professional practitioners.                                                                      
Marijuana is a classified medication, regulated to protect the                                                                  
public.  The ANA does not want to increase the legalization of                                                                  
illicit medications but many medications used under prescription                                                                
are, in fact, available on the street and are used for illicit                                                                  
purposes.  The ANA stands opposed to SB 94 and hopes the                                                                        
legislature provides the people of Alaska with access to this                                                                   
particular medication that can be very helpful in reducing nausea                                                               
and pain.                                                                                                                       
                                                                                                                                
Number 108                                                                                                                      
                                                                                                                                
IRENE ALEXAKOS testified from Juneau, and discussed her family's                                                                
experience with her brother's terminal illness.  The first sign of                                                              
her brother's illness came in 1975, four years prior to his death;                                                              
he died after struggling with cancer at the age of 26.  Twenty five                                                             
years ago physicians knew marijuana would ease the side effects of                                                              
her brother's chemotherapy treatments.  Her brother's neurosurgeon                                                              
could see no logic in preventing the use of marijuana for                                                                       
therapeutic reasons, when highly toxic drugs could be legally                                                                   
administered.  Her conservative parents sought to illegally                                                                     
purchase marijuana to alleviate their son's pain.  The emotional                                                                
pain of watching her brother die eventually killed her father.  The                                                             
fact that her parents' actions were illegal is incongruous and                                                                  
irreconcilable.  Initiatives are being passed all around the                                                                    
country because most people know that.  Legislatures are reluctant                                                              
to take up the issue for political reasons so the people are                                                                    
speaking through initiatives.  She asked legislators to open their                                                              
hearts and see that SB 94 will make it harder for patients and                                                                  
folks who need the most help.                                                                                                   
                                                                                                                                
Number 178                                                                                                                      
                                                                                                                                
NATALIE RINGLAND, a Kenai resident, stated her opposition to SB 94                                                              
via teleconference and encouraged legislators to reject this                                                                    
legislation.  She made the following points.  First, as a medical                                                               
patient herself, she has a number of expensive and dangerous                                                                    
prescriptions in her home.  Society trusts her not to resell or                                                                 
redistribute her medicines.  It would be impossible to prove that                                                               
she does not sell her prescription drugs, however SB 94  seems to                                                               
require that for marijuana prescriptions.  Second, mandatory                                                                    
registration for the use of medicinal marijuana is unfair.  Medical                                                             
patients do not deserve to be treated like sex offenders.  She                                                                  
asked legislators to please give the new law a chance to work                                                                   
before placing restrictions on patients and physicians.                                                                         
                                                                                                                                
Number 206                                                                                                                      
                                                                                                                                
MARK CHRYSON, Chairman of the Alaska Independent Party (AIP),                                                                   
stated his opposition to SB 94 for the only reason that the medical                                                             
use of marijuana was passed through an initiative by the people of                                                              
Alaska, and by law, the Legislature must keep its hands off of that                                                             
initiative for two years.  He urged legislators to reject SB 94.                                                                
                                                                                                                                
VICE-CHAIR KELLY noted the Alaska Constitution allows the                                                                       
Legislature to make technical changes to initiatives after two                                                                  
years.                                                                                                                          
                                                                                                                                
Number 235                                                                                                                      
                                                                                                                                
JIM KENTCH, one of the three co-sponsors of the ballot proposition,                                                             
made several points.  First, legislators must listen to the people                                                              
who are testifying.  Second, Ballot Proposition 8 has a better way                                                              
to reconcile the 1990 ballot initiative which recriminalized                                                                    
marijuana; that is to take medical marijuana out of the criminal                                                                
system altogether, thereby placing less burden on that system.  The                                                             
initiative will not protect legitimate medical marijuana users from                                                             
using marijuana in public.  He asked how housebound patients will                                                               
obtain medical marijuana once prescribed.  Third, the initiative                                                                
has not yet been given a chance to work; SB 94 jumped the gun.                                                                  
Fourth, SB 94 tells doctors how to practice medicine by                                                                         
unnecessarily invading the doctor-patient relationship. It requires                                                             
a doctor to explore other approved medications and treatments that                                                              
might provide relief.  He questioned what "explore" means and                                                                   
whether patients must go through trials and errors when medical                                                                 
marijuana may be the best existing treatment modality.  Finally,                                                                
the physician must conclude, if SB 94 is enacted, that the benefits                                                             
of medical marijuana outweigh the benefits of other treatments.                                                                 
That conclusion is not required of any other medicine.                                                                          
                                                                                                                                
Number 270                                                                                                                      
                                                                                                                                
NEAL MATSON, a member of the American Cancer Society, American                                                                  
Kidney Foundation and the President's Advisory Committee of the                                                                 
Alaska Kidney Foundation, made the following comments in his                                                                    
capacity as an ordained priest.  SB 94 forcibly juxtaposes a dying                                                              
patient with the criminal element of our society by not enabling                                                                
the legal procurement of medical marijuana. He proposed authorizing                                                             
the release of confiscated marijuana to patients and questioned why                                                             
a substance will be destroyed that can relieve the suffering of a                                                               
terminally ill patient.  He questioned why payments should be made                                                              
to out-of-state drug companies for Marinol when Alaskan patients                                                                
can be supplied with confiscated marijuana at no charge.                                                                        
                                                                                                                                
CATHLEEN ROLPH stated she is testifying in support of friends who                                                               
benefit from the use of medical marijuana.  She is opposed to SB
94; the initiative that passed last fall has not yet been                                                                       
implemented, it is a waste of tax dollars to amend a law that                                                                   
provides compassionate care.  She said a person using a medical                                                                 
prescription should not be placed in the same category as a drunk                                                               
driver.                                                                                                                         
                                                                                                                                
ANNALEE OWENS, representing herself, informed committee members she                                                             
has a chronic lung disease which requires her to use ineffective                                                                
medications that cost over $300 per month.  She has used marijuana                                                              
and found it to be the only thing that relieves her pain.  She said                                                             
it makes no sense to her to have to engage in criminal activities                                                               
to help herself medically.  She is terminally ill and under a                                                                   
physician's care, yet the medication that helps her the most is not                                                             
available to her.  She asked legislators to let the initiative                                                                  
stand as is so people like herself have some relief during their                                                                
last days.                                                                                                                      
                                                                                                                                
Number 327                                                                                                                      
                                                                                                                                
DON DAPCEVICH, representing the State Advisory Board on Alcoholism                                                              
and Drug Abuse, said the Advisory Board initially opposed the                                                                   
initiative, however once the initiative passed and Alaskans spoke,                                                              
it decided to stand behind the implementation of the initiative.                                                                
The Board also stands behind prosecution of those who illegally use                                                             
medical marijuana.    The Advisory Board encourages the Legislature                                                             
to pass a law that will allow for the use of medical marijuana by                                                               
those with a legitimate need, and to prosecute those users who have                                                             
no legitimate need.                                                                                                             
                                                                                                                                
STEVE MIHALIK, representing himself, said SB 94 is necessary to                                                                 
tighten language associated with the initiative.  He does not argue                                                             
that compassion is needed for terminally ill people; SB 94 still                                                                
allows them to use the medication, however others will take                                                                     
advantage of the privilege.  He believes marijuana is a gateway                                                                 
drug as his brother used it to relieve the pain of a medical                                                                    
condition, but three years ago he died of a heroin overdose.  He                                                                
urged committee members to pass SB 94 to help control the                                                                       
manipulative minds of drug abusers and to allow people with                                                                     
debilitating conditions to get the medication voters intended them                                                              
to get.                                                                                                                         
                                                                                                                                
Number 375                                                                                                                      
                                                                                                                                
BILL KOZLOWSKI, representing himself, testified in opposition to SB
94.  He suffers from severe hemophilia and a second disease, which                                                              
causes internal bleeding resulting in joint deterioration.   He has                                                             
been on many pain medications but because of the severity of his                                                                
pain, he wanted to die.  He felt stuck in the Western narcotic                                                                  
frenzy called medicine which was leading his family into turmoil.                                                               
That frenzy changed five months ago when he found the one                                                                       
medication that he can use that enables him to have a life and not                                                              
to be a "junky."  Marijuana enables him to get up in the morning,                                                               
to hold a job, and to be a part of society, which is much more than                                                             
narcotics could do for him.  His concern with SB 94 is the                                                                      
registration requirement.  He is the only hemophiliac in the State                                                              
of Alaska who received blood transfusions in the 1980s and did not                                                              
contract AIDS.  He did contract Hepatitis C through blood                                                                       
transfusions and has felt discriminated against because of his                                                                  
disease.  To be required to put his name on a list as a marijuana                                                               
user is discomforting.  He concluded by saying if legislators have                                                              
faith in the voters to vote them into office, they should have                                                                  
faith in the voters in voting for Ballot Measure 8.                                                                             
                                                                                                                                
Number 418                                                                                                                      
                                                                                                                                
KATHY NEEDLES testified from Anchorage in favor of Alaskans for                                                                 
Medical Rights, and said those people who voted against the                                                                     
initiative must never have had a medical pain in their lives.  She                                                              
stated liquor is legal, yet it kills, while marijuana is illegal,                                                               
and it cures.                                                                                                                   
                                                                                                                                
ROGER HANSON testified from Fairbanks and disagreed that marijuana                                                              
is a gateway drug.  His wife worked at a treatment program for                                                                  
heroin addicts; the only common factor among the addicts was that                                                               
they all started off on milk.  He said it is unusual when 70                                                                    
percent of Alaskans come together on an issue as they did on Ballot                                                             
Measure 8.  He noted many of his colleagues have read SB 94 but                                                                 
none fully understand what it means, yet the bill smacks of the                                                                 
instance during the 1930s when the pharmaceutical companies got                                                                 
just about everything they wanted from Congress.                                                                                
                                                                                                                                
LONNIE TEMPLE testified from Kenai and asked legislators to reject                                                              
SB 94 and to stop trying to play God with people's lives.  He                                                                   
stated if marijuana allows terminally ill people to endure their                                                                
pain, so be it.  He questioned why the elected officials are not                                                                
listening to the people's vote.                                                                                                 
                                                                                                                                
TODD WHITSTINE testified from MatSu against SB 94.  He questioned                                                               
why language on page 3, line 25, refers to only one care giver                                                                  
since a patient might have to wait 35 days for a new care giver to                                                              
be appointed, if need be.  He noted that the language on page 5,                                                                
line 2, will require a patient to become more ill before medical                                                                
marijuana can be prescribed.  He questioned why the language on                                                                 
page 11, lines 4 through 21, was deleted.  He believes the language                                                             
on page 15, lines 9 through 11, will create an undue hardship.  He                                                              
questioned whether a patient will be out of luck if a care giver                                                                
refuses to prescribe a certain treatment, according to language on                                                              
page 15, lines 26 through 31.  He proposed that the word "may" on                                                               
page 5, line 24, should be changed to "shall."                                                                                  
                                                                                                                                
VICE-CHAIR KELLY noted a lot of the language referred to by Mr.                                                                 
Whitstine was in the initiative and that the problem with                                                                       
initiatives is that most people do not understand the intricacies                                                               
of the laws they are voting on.                                                                                                 
                                                                                                                                
Number 490                                                                                                                      
                                                                                                                                
JEFFREY GOTTLIEB, a physician, stated marijuana is an effective                                                                 
pain prevention medication for a lot of people.  Most of his                                                                    
patients who require pain medication are already addicted to                                                                    
opiates and would benefit from the initiative that passed.  SB 94                                                               
interferes with the patient-doctor relationship; he opposes it and                                                              
would like marijuana to be classified as a drug that can be                                                                     
prescribed by physicians.  He believes patients with other                                                                      
conditions not included in the initiative could benefit from                                                                    
medical marijuana.  He noted the chemical structure of marijuana                                                                
and antidepressants is very similar and that marijuana was                                                                      
mentioned in medical textbooks 2,000 years ago.  He stated he does                                                              
not believe the people, nor the Legislature, should be voting on                                                                
medical treatments, and that the American Medical Association has                                                               
taken a position in which it is not opposed to the medical use of                                                               
marijuana.                                                                                                                      
                                                                                                                                
JODI OLMSTEAD stated she thinks the Legislature has done a really                                                               
poor job of listening to constituents.  She noted the Clinton                                                                   
Administration is in favor of new findings of positive uses of                                                                  
marijuana; she asked legislators to review those findings.  She                                                                 
stated her daughter had leukemia 25 years ago, and the same drugs                                                               
used then are being used today.  She stated the people who want to                                                              
get medical marijuana are going to get it; the Legislature will not                                                             
stop them.                                                                                                                      
                                                                                                                                
Number 554                                                                                                                      
                                                                                                                                
ROBERT POGGAS testified from Anchorage and asked legislators to                                                                 
enact the initiative that the people voted on.                                                                                  
                                                                                                                                
CHARLES ROLLINS testified from Fairbanks and informed legislators                                                               
that doctors in California who prescribe marijuana are being                                                                    
investigated by the California Medical Board and that a $10 million                                                             
lawsuit has been filed.  He asked that the bill differentiate                                                                   
between fertile and sterile seeds.                                                                                              
                                                                                                                                
BETTY ROLLINS stated she is a 65 year old grandmother who cannot be                                                             
classified as a person who is attempting to legalize drugs by                                                                   
supporting the use of medical marijuana.  She said the initiative                                                               
was horrible; SB 94 is horribly ridiculous.  She noted the                                                                      
initiative called for a register.  She expressed concern that SB 94                                                             
interferes with the doctor-patient relationship.  She said a lot of                                                             
people are dying and need medication to relieve their pain, and                                                                 
whether medical marijuana is legal or not, they will get it.  She                                                               
asked whether we want to send those people to jail.                                                                             
                                                                                                                                
TAPE 99-23, SIDE B                                                                                                              
                                                                                                                                
RALPH JONES, a lifelong resident of Anchorage, stated he was                                                                    
diagnosed with liver cancer over one year ago.  He went to the                                                                  
Sloan Kettering Cancer Institute where he had a tumor removed from                                                              
his liver.  After the surgery he weighed 125 pounds.  He was given                                                              
every kind of medication imaginable afterward, in an attempt to                                                                 
help him to eat and gain weight. One year after the operation he                                                                
had gained no weight.  In January he began taking medical marijuana                                                             
and has gained 25 pounds since.  He questioned how the Legislature                                                              
can change an initiative within two years of its passage and he                                                                 
expressed concern that the people of the State no longer have any                                                               
say in what goes on.                                                                                                            
                                                                                                                                
CINDY HUTCHENS, a Kenai resident, said she has gastroperisis (ph),                                                              
a nerve disorder of the intestines.  She is frequently hospitalized                                                             
for dehydration and malnutrition.  She has used marijuana for the                                                               
past five years and it has helped her more than any other drug.                                                                 
Marijuana minimizes her nausea and stimulates her appetite.  She no                                                             
longer sees marijuana as a gateway drug; she sees it as a medicine.                                                             
She asked legislators to support the voters.                                                                                    
                                                                                                                                
Number 534                                                                                                                      
                                                                                                                                
DIRK NELSON, a licensed clinical social worker and family                                                                       
therapist, made the following comments.  He has studied marijuana                                                               
pharmacology since 1971. Last month the American Academy of                                                                     
Sciences declared the gateway drug theory to be a hoax.  He                                                                     
questioned why over 98 percent of government studies never face                                                                 
peer review, and those that do fail miserably.  Lie after lie has                                                               
been discovered in research used by the Drug Enforcement Agency                                                                 
(DEA); credible labs have been unable to duplicate the test                                                                     
results.  In all of his years as a therapist, he has never                                                                      
encountered a case involving crisis resulting solely from marijuana                                                             
use, however, at the mental health centers he has worked at, copies                                                             
of the Physician's Desk Reference were typically given to clients                                                               
disclosing side effects of various psychotropics.  Most                                                                         
psychotropics come with two to four pages of small print about                                                                  
their serious and severe side effects; the use of these drugs goes                                                              
unquestioned despite the crises they are capable of generating.  It                                                             
is his opinion that the reason is that psychotropics are not                                                                    
associated with "those darn evil hippies."  In summary, SB 94                                                                   
violates the doctor-patient privilege and the Raven decision.                                                                   
                                                                                                                                
KENDALL THOMAS made the following comments on behalf of the Alaska                                                              
Hepatitis C Coalition.  The Coalition was gratified to see the                                                                  
passage of Ballot Measure 8, which was carefully written to allow                                                               
a licensed physician to exercise his/her professional opinion to                                                                
recommend medical marijuana as a treatment to patients who would                                                                
benefit from it.  SB 94 will significantly limit the physician's                                                                
ability to recommend to patients suffering from a chronic disease,                                                              
other than AIDS, glaucoma and cancer, medical marijuana.  Some of                                                               
the patients who attend her local Hepatitis C support group or call                                                             
the help line say that medical marijuana has had a positive impact                                                              
on the quality of their lives.  It is used for those suffering from                                                             
anorexia, nausea, and joint and muscle pain.  Many prefer to take                                                               
marijuana over other prescribed high-toxicity medications which tax                                                             
an already compromised liver.  SB 94 will force these patients to                                                               
choose between a therapy they find beneficial and breaking the law.                                                             
The Coalition urges legislators to vote against SB 94 and allow the                                                             
current law to remain as is.                                                                                                    
                                                                                                                                
Number 492                                                                                                                      
                                                                                                                                
DANIEL HANCOCK testified from Fairbanks and said he supports the                                                                
medical use of marijuana and is opposed to SB 94 for the same                                                                   
reasons expressed by other participants.                                                                                        
                                                                                                                                
JOHN THOMAS, a 25 year Anchorage resident, said he opposes SB 94                                                                
and made three points.  First, it is clear that the voters of the                                                               
State believe that marijuana can be effective when other drugs                                                                  
cannot.  Second, many other drugs are addictive and very dangerous                                                              
if misused, such as narcotic painkillers.  Third, patients                                                                      
currently abuse the system to obtain drugs.  He said he sees no                                                                 
reason to treat marijuana so differently since narcotic drugs are                                                               
much more dangerous.                                                                                                            
                                                                                                                                
RICHARD WELCH testified from Fairbanks, and informed committee                                                                  
members he has HIV and Hepatitis C and suffers from chronic pain                                                                
and weight [indiscernible] syndrome.  Marijuana has been the only                                                               
medication that has benefitted him in alleviating his pain.  Some                                                               
of the other medications prescribed for him have made him more ill.                                                             
He believes SB 94 is a waste of money and time.                                                                                 
                                                                                                                                
KEITH KLEMME testified in opposition to SB 94 from Anchorage.  He                                                               
believes the sponsor is bringing disgrace upon the Legislature by                                                               
ignoring the will of the people.  He spent 15 years in the military                                                             
to ensure that the people have the right to vote, and not to be                                                                 
dictated to by a legislator.  He expressed concern that the privacy                                                             
rights of those who signed petitions might be violated.                                                                         
                                                                                                                                
Number 433                                                                                                                      
                                                                                                                                
TONY MASELLA testified from Fairbanks and said SB 94 makes more                                                                 
difficult an issue already decided by the people.  He believes the                                                              
use of medical marijuana, as opposed to Marinol, will be                                                                        
advantageous to the State because of the cost savings.                                                                          
                                                                                                                                
DEBORAH LUPER, a 38 year resident, mother, and former Fairbanks                                                                 
police officer, stated she supports Senator Leman's efforts to                                                                  
close the loopholes in the initiative.  She expressed concern that                                                              
the youth of Alaska are getting the message that marijuana use is                                                               
beneficial.  She believes police should have access to information                                                              
to verify that a person can legitimately use medical marijuana.                                                                 
She recommends that proponents of the legal use of medical                                                                      
marijuana work with the sponsor to close the loopholes in the                                                                   
initiative, otherwise, in two years, the initiative may be found to                                                             
be unworkable.                                                                                                                  
                                                                                                                                
HELEN PETERS, a registered nurse in Anchorage, stated she has                                                                   
worked with many terminally ill patients over the past 30 years.                                                                
Some of those patients found that marijuana was the only thing that                                                             
helped them gain weight and tolerate their pain.  In the past few                                                               
days she spoke to about one dozen doctors and nurses that she works                                                             
with and without exception, they all agree that marijuana use                                                                   
should not be legalized for all but that a doctor should be able to                                                             
prescribe it.                                                                                                                   
                                                                                                                                
BYRON GRAY testified from Anchorage in opposition to SB 94 because                                                              
any further restriction to the people's demand to allow for the use                                                             
of medical marijuana can only result in the arrest of sick people                                                               
and doctors which is foolish, insane, and pathetic.  The                                                                        
Legislature should not mandate medical prescriptions and diagnoses.                                                             
                                                                                                                                
There being no further testimony on SB 94, VICE-CHAIRMAN KELLY                                                                  
announced the bill will be taken up by the Senate HESS Committee                                                                
next Monday.  He adjourned the meeting at 7:12 p.m.                                                                             

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