Legislature(2017 - 2018)BUTROVICH 205

01/31/2018 01:30 PM Senate HEALTH & SOCIAL SERVICES

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Audio Topic
01:30:26 PM Start
01:30:53 PM Presentation: Governor's Council on Disabilities and Special Education
02:17:23 PM SB128
03:05:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: TELECONFERENCED
Governor's Council on Disabilities and Special
Education
-- Testimony <Invitation Only> --
*+ SB 128 MARIJUANA EDU/TREATMENT FUND/PROGRAM TELECONFERENCED
Heard & Held
-- Testimony <Invited and Public> --
          SB 128-MARIJUANA EDU/TREATMENT FUND/PROGRAM                                                                       
                                                                                                                                
2:17:23 PM                                                                                                                    
CHAIR  WILSON announced  the  consideration of  SB  128 with  his                                                               
intention to hear and hold the bill.                                                                                            
                                                                                                                                
2:19:43 PM                                                                                                                    
SENATOR  GIESSEL, Alaska  State Legislature,  sponsor of  SB 128,                                                               
said she  knew many  people would question  the need  for another                                                               
fund. "Well, frankly,  Mr. Chairman, I blame the  hippies from my                                                               
generation of  the 60s and  70s who raised  kids who were  led to                                                               
believe that this Schedule I,  hallucinogenic drug was harmless,"                                                               
she  said. These  people voted  to put  this drug  on the  street                                                               
corners and it is now readily  available. The state needs to deal                                                               
with that.  "Those old hippies'  grandchildren are at  risk," she                                                               
said, as she sees them in school-based clinics.                                                                                 
                                                                                                                                
She  said these  kids  deal with  jaw-dropping  things. She  does                                                               
screening for  depression, suicidal  ideation, and drug  use. She                                                               
needs better tools to talk to  them about marijuana use. She does                                                               
not run across kids who  smoke because the smoking education fund                                                               
has worked.                                                                                                                     
                                                                                                                                
She  said government  should be  involved because  government "is                                                               
taking  a tax  on  this  tapeworm that  is  sucking  life out  of                                                               
people." This  bill takes some of  this money to the  Division of                                                               
Public  Health  to  create materials  for  students  and  adults.                                                               
Grants  will be  available to  private sector  non-profits to  go                                                               
forth  on  education  and  treatment  programs  funded  by  taxes                                                               
collected.                                                                                                                      
                                                                                                                                
2:22:56 PM                                                                                                                    
SENATOR GIESSEL said the bill is  being offered at the request of                                                               
DHSS. The  fund mirrors the  Tobacco Use Education  and Cessation                                                               
Fund. The  bill counters  the message that  legal means  safe and                                                               
harmless, a belief  that many schoolkids are led  to believe, and                                                               
the message that this is a money-maker for staff coffers.                                                                       
                                                                                                                                
She  said the  bill allows  DHSS to  collect data  on the  use of                                                               
marijuana, the public attitude and  knowledge about this drug and                                                               
how to  protect the cognitive  abilities and health of  our youth                                                               
through education, mostly  about side effects. This  will be done                                                               
through grants to local organizations.  The bill does not specify                                                               
organizations because  the government should not  pick winners or                                                               
losers. Many groups are ready to do this work.                                                                                  
                                                                                                                                
2:24:48 PM                                                                                                                    
JANE CONWAY,  Staff, Senator  Giessel, Alaska  State Legislature,                                                               
Juneau, Alaska, presented the sectional analysis of SB 128.                                                                     
                                                                                                                                
     Section 1  AS 43.61.010(d) is technical  and conforming                                                                    
     language that clarifies which  fund is being referenced                                                                    
     in this section that  is about the recidivism reduction                                                                    
     fund.  Since  we  are establishing  another  fund,  the                                                                    
     Marijuana  Education  and  Treatment  Fund  in  another                                                                    
     subsection  to  follow,  Legislative  Legal  wanted  to                                                                    
     correctly  name  which  fund   is  being  addressed  to                                                                    
     prevent any confusion.                                                                                                     
                                                                                                                                
     Section  2  AS  43.61.010  is  a  new  subsection  that                                                                    
     creates  the  Marijuana  Education and  Treatment  Fund                                                                    
     within the general fund.  After receiving tax collected                                                                    
     from  marijuana  sales,  the  Dept.  of  Administration                                                                    
     shall separately  account for and deposit  25% of those                                                                    
     proceeds  into  the  Fund,   and  the  legislature  may                                                                    
     appropriate  those monies  for the  purpose of  funding                                                                    
     DHSS   programs  for   marijuana   use  education   and                                                                    
     treatment.  This section  specifies that  the money  in                                                                    
     this fund does not lapse.                                                                                                  
                                                                                                                                
MS. CONWAY noted that Section  3 has minor fixes from Legislative                                                               
Legal.                                                                                                                          
                                                                                                                                
     Section  3 AS  44.29.020(a)  contains  two minor  fixes                                                                    
     from  Leg Legal  that adds  the word  "the" to  (11) of                                                                    
     this section, and  also the word "to" to  item (14). It                                                                    
     also  adds to  this section  that DHSS  will administer                                                                    
     the marijuana education and  treatment program by grant                                                                    
     or contract out this  program to other organizations in                                                                    
     Alaska.  This  section  outlines 5  components  of  the                                                                    
     program  that must  be included:  1. A  community-based                                                                    
     marijuana  misuse  prevention  component  2.  Marijuana                                                                    
     public  education  geared  toward prevention  of  youth                                                                    
     initiation of marijuana use,  education re: the effects                                                                    
     of marijuana  use and education  re: marijuana  laws 3.                                                                    
     Survey  of  youth   and  adults  concerning  knowledge,                                                                    
     awareness, attitude  and use  of marijuana  products 4.                                                                    
     Monitoring   of  the   public's   health  relating   to                                                                    
     consequences of marijuana use  5. Provide for substance                                                                    
     abuse  screening,  brief   intervention,  referral  and                                                                    
     treatment                                                                                                                  
                                                                                                                                
SENATOR VON IMHOF  said the sponsor statement has  an estimate of                                                               
$9 million to  be collected in taxes. She asked  if a contingency                                                               
plan is in place if less than 9 million is collected.                                                                           
                                                                                                                                
SENATOR GIESSEL deferred the question to the division.                                                                          
                                                                                                                                
2:27:46 PM                                                                                                                    
SENATOR BEGICH disclosed a conflict  of interest as he works with                                                               
Portland  State University  as a  trainer and  consultant on  the                                                               
Reclaiming Futures Project, which  deals with the substance abuse                                                               
screener  referenced  on  page  3.  lines 24  and  25.  He  could                                                               
financially benefit  from the bill  if Portland  State University                                                               
were to win a grant.                                                                                                            
                                                                                                                                
2:28:40 PM                                                                                                                    
JAY BUTLER,  M.D., Chief Medical Officer/Director,  Department of                                                               
Health and  Social Services (DHSS),  presented information  on SB
128. He  responded to Senator  Imhoff's question by  stating that                                                               
the health  education component could be  very plastic, depending                                                               
on  the   assessments  of  the   situation,  and  he   asked  for                                                               
flexibility to focus  on "what is rather than what  I think it is                                                               
going to be."                                                                                                                   
                                                                                                                                
DR. BUTLER said the Marijuana  Education and Treatment Fund would                                                               
be similar  to the  Tobacco Use Education  and Cessation  fund in                                                               
terms of  how tax revenues  are used. Twenty-five percent  of the                                                               
marijuana excise tax  would go to the fund.  Currently 50 percent                                                               
goes to the  recidivism fund and 50 percent to  the general fund.                                                               
The bill  would divide the  50 percent  that goes to  the general                                                               
fund between the general fund and the marijuana education fund.                                                                 
                                                                                                                                
He said  the overarching goal  is statewide  coordination between                                                               
youth   prevention,  public   health   and   safety,  and   youth                                                               
prevention.  About   10  percent  of  marijuana   users  will  be                                                               
diagnosed  with  cannabis  use  disorder,  which  is  similar  to                                                               
alcohol-use rates.  The risk is  two-fold when  regular marijuana                                                               
use begins in the  teen years, so an emphasis is  to delay use of                                                               
marijuana  in youth.  The top  public health  and safety  risk is                                                               
driving under the influence of marijuana.                                                                                       
                                                                                                                                
2:33:28 PM                                                                                                                    
DR. BUTLER outlined the five parts to a comprehensive program:                                                                  
                                                                                                                                
        • Community-based marijuana misuse prevention, with                                                                     
          a focus on youth prevention                                                                                           
        • Assessment of knowledge and awareness of laws,                                                                        
          and use of marijuana products                                                                                         
        • Monitoring of population health impact related to                                                                     
          marijuana use and legalization                                                                                        
        • Marijuana education                                                                                                   
        • Substance abuse screening, brief intervention,                                                                        
          referral, and treatment (SBIRT)                                                                                       
                                                                                                                                
He  said community-based  marijuana  misuse  prevention is  about                                                               
local efforts  to prevent misuse  before it starts  by mitigating                                                               
risk factors  and enhancing existing  programs for  public health                                                               
and education to address substance misuse prevention.                                                                           
                                                                                                                                
He said that  the Youth Risk Behavior Survey showed  that kids in                                                               
afterschool programs  report a lower  frequency of  marijuana use                                                               
and initiation.                                                                                                                 
                                                                                                                                
SENATOR MICCICHE  said he has been  on the board of  the Boys and                                                               
Girls  Club for  25 years.  He  asked what  model programs  would                                                               
cost.  He wondered  if the  bill should  have a  cap on  proposed                                                               
allocations if marijuana revenues continue to increase.                                                                         
                                                                                                                                
DR. BUTLER  responded that may  be a Finance  Committee question.                                                               
He  said that  a robust  afterschool  program may  need a  larger                                                               
proportion than  exists now. The projections  for total marijuana                                                               
tax revenue is $10 million a year.                                                                                              
                                                                                                                                
2:37:08 PM                                                                                                                    
SENATOR  MICCICHE  said he  still  hears  from people  who  think                                                               
marijuana sales will  save the state from its fiscal  gap, but he                                                               
understands that revenue is not expected to grow significantly.                                                                 
                                                                                                                                
SENATOR BEGICH asked  what model programs and  robustness mean to                                                               
the department.                                                                                                                 
                                                                                                                                
DR. BUTLER  said robust programs have  data to show less  use. He                                                               
noted  the interest  shown to  the Iceland  model, in  which teen                                                               
substance use has  declined dramatically over the  last 20 years.                                                               
The press has  simplified the solution to  afterschool and sports                                                               
programs. There also has been a  shift in social norms of what is                                                               
good parenting, as well as  regulation. Curfew hours are enforced                                                               
and alcohol store hours are limited.                                                                                            
                                                                                                                                
SENATOR BEGICH said  he wanted to focus  on afterschool programs.                                                               
He asked  if DHSS  would have  strict requirements  for efficient                                                               
programs. He does not want to  divert money to programs that have                                                               
no effect.                                                                                                                      
                                                                                                                                
DR.  BUTLER   said  that  would   be  a  Request   for  Proposals                                                               
requirement.                                                                                                                    
                                                                                                                                
CHAIR  WILSON   said  he  thought   the  initial   percentage  of                                                               
allocations by  DHSS was lower than  25 percent and asked  why it                                                               
is higher now.                                                                                                                  
                                                                                                                                
2:41:41 PM                                                                                                                    
DR. BUTLER said  that the proposal is not small.  The proposal is                                                               
not as ambitious  as in some states, such as  Colorado, which has                                                               
a yearly expert  panel on the effect of  legalization. DHSS wants                                                               
to maximize the ability to provide  a good public health model to                                                               
regulate legal, retail marijuana.                                                                                               
                                                                                                                                
He said the second component  is assessment and monitoring of the                                                               
following:                                                                                                                      
                                                                                                                                
    Assessment   of   trends   in   knowledge,   awareness,                                                                     
     attitudes, and behaviors to address misperceptions and                                                                     
     knowledge gaps                                                                                                             
      Monitoring health status and use trends to identify                                                                       
     any health or health system effects of legalization                                                                        
     Some questions that require answers:                                                                                       
                                                                                                                                
        • Do youth perceive marijuana as a less harmful                                                                         
          substance due to legalization?                                                                                        
        • Do youth and adults see driving under the                                                                             
          influence of marijuana as dangerous?                                                                                  
        • How has marijuana legalization affected Alaskans'                                                                     
          health and safety?                                                                                                    
                                                                                                                                
2:44:28 PM                                                                                                                    
DR. BUTLER said the last question may take time to answer.                                                                      
                                                                                                                                
SENATOR  VON IMHOF  asked if  DHSS is  working with  Colorado and                                                               
Oregon to  compare data, such as  the rate of car  accident under                                                               
the influence.                                                                                                                  
                                                                                                                                
DR. BUTLER said states have  frequent phone contact and meetings,                                                               
when  possible,  with surveillance  gurus  from  the Centers  for                                                               
Disease   Control  about   how   to  do   these  assessments   in                                                               
standardized ways. States look to each other for leadership.                                                                    
                                                                                                                                
SENATOR GIESSEL said she has  been very interested in the subject                                                               
of marijuana-impaired driving  and in a meeting a  month ago, the                                                               
Anchorage  Police Department  said they  had documented  25 fatal                                                               
car  accidents attributable  to  marijuana-impaired driving.  She                                                               
suggested he be in contact with them to get the data.                                                                           
                                                                                                                                
DR.  BUTLER said  marijuana education  seemed  to be  a big  void                                                               
after  legalization. Materials  will be  designed to  communicate                                                               
messages to                                                                                                                     
                                                                                                                                
       1. help prevent youth initiation of marijuana use                                                                        
        2. educate the public about the health effects of                                                                       
          marijuana use                                                                                                         
        3. educate the public about marijuana laws                                                                              
                                                                                                                                
2:49:32 PM                                                                                                                    
DR. BUTLER said  part of the education is needed  for health care                                                               
professionals. Health care professionals  may think back to their                                                               
hippie  days when  a  joint was  "half  oregano." Now,  high-tech                                                               
horticulture produces  marijuana breeds  with much  higher levels                                                               
of  THC.  There  are  also  a  wide  variety  of  products:  vape                                                               
solutions, concentrates, edibles, topicals, etc.                                                                                
                                                                                                                                
He  said  providers need  tools  for  substance abuse  screening,                                                               
brief intervention,  referral, and treatment (SBIRT).  Use during                                                               
pregnancy  is a  concern. The  health effects  are unknown.  Some                                                               
providers recommend it for morning sickness.                                                                                    
                                                                                                                                
He said data on youth use shows  that it has been stable over the                                                               
past ten years.                                                                                                                 
                                                                                                                                
He said  adults can help  reduce youth marijuana use.  Youth with                                                               
supportive    teachers,     parent    communication,    community                                                               
connections, and afterschool programs report less marijuana use.                                                                
                                                                                                                                
DR.  BUTLER  said  Alaska  can   join  with  Oregon,  Washington,                                                               
Colorado, and  California to  direct tax  funding towards  a very                                                               
rational way  to regulate retail  marijuana to reduce  the public                                                               
health risk with a minimum of regulation.                                                                                       
                                                                                                                                
2:54:36 PM                                                                                                                    
SENATOR BEGICH asked if any increase  had been shown in adult use                                                               
and why does the Alaska Youth  Risk Behavior Survey show a higher                                                               
use among youth.                                                                                                                
                                                                                                                                
DR. BUTLER said  the adult trend data for Alaska  has been stable                                                               
at around  15-16 percent. He  speculated that  legalization could                                                               
increase  availability and  reduce the  perception of  harm among                                                               
youth.                                                                                                                          
                                                                                                                                
SENATOR BEGICH  said he hoped  DHSS would produce  yearly reports                                                               
about  trend   data  so  the  legislature   could  track  whether                                                               
education programs are effective.                                                                                               
                                                                                                                                
SENATOR GIESSEL  asked if he  knew of  the Office of  Opioids and                                                               
Substance  Abuse   referenced  by   the  Governor's   Council  on                                                               
Disabilities.                                                                                                                   
                                                                                                                                
2:57:46 PM                                                                                                                    
MR BUTLER said it is actually  the Office of Substance Misuse and                                                               
Addiction Prevention, which was  created using existing funds and                                                               
positions from the Division of  Public Health and the Division of                                                               
Behavioral Health.  The office plays  a coordinating role  with a                                                               
focus on opioids and marijuana and prevention.                                                                                  
                                                                                                                                
CHAIR WILSON asked how the fund  is similar to and different than                                                               
the tobacco programs in the state.                                                                                              
                                                                                                                                
DR.  BUTLER   said  it  is   not  significantly   different,  but                                                               
sustainability  is one  issue. A  big proportion  of the  tobacco                                                               
prevention fund came from the  master settlement, and those funds                                                               
are  starting  to decline.  Marijuana  retail  sales would  be  a                                                               
sustainable source of funding for the Marijuana Education Fund.                                                                 
                                                                                                                                
3:00:37 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 128.                                                                                 
                                                                                                                                
3:00:51 PM                                                                                                                    
TREVOR  STORRS,  Executive  Director,  Alaska  Children's  Trust,                                                               
suggested changes to SB 128. He  said than when Alaska became the                                                               
third state to legalize recreational  marijuana use, it came with                                                               
opportunities and  challenges. The  first priority is  to protect                                                               
Alaska's  youth  because marijuana  use  in  youth effects  their                                                               
brain  development. Four  out of  ten high  school students  have                                                               
used  marijuana.  Alaska  needs specific  youth  prevention  that                                                               
promotes protective  factors. The proposal in  the House utilizes                                                               
the  Alaska   Children's  Trust   and  its  program   the  Alaska                                                               
Afterschool Network to focus on  youth use prevention. The Alaska                                                               
Children's Trust has a proven  grant-making system with a greater                                                               
investment in services.                                                                                                         
                                                                                                                                
3:02:55 PM                                                                                                                    
MR  STORR said  connecting  the funds  to  the Alaska  Children's                                                               
Trust ensures higher standards and  the highest possible outcomes                                                               
for  youth. He  encouraged  the  Senate to  follow  the House  in                                                               
directing another 25 percent to afterschool programs.                                                                           
                                                                                                                                
3:03:41 PM                                                                                                                    
CHAIR WILSON closed public testimony on  SB 128 and held the bill                                                               
in committee.                                                                                                                   

Document Name Date/Time Subjects
Council Presentation to House and Senate HSS.pptx SHSS 1/31/2018 1:30:00 PM
Governor's Council on Disabilities and Special Education Presentation 1.31.18
SB128 vsn A.PDF SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Sponsor Statement.2 1-17-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Sectional Analysis 1-17-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Letter of Support DHSS 1-22-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Support Letter Sampson 1-5-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Supporting Document Power Pt- DHSS 1-16-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Support Letter NAACP Anchorage 1-27-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB 128 DHSS FN.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB 128 DHSS Behavioral Health FN.pdf SHSS 1/31/2018 1:30:00 PM
SB 128
SB128 Supporting Document MJ Use in Alaska 1-30-18.pdf SHSS 1/31/2018 1:30:00 PM
SB 128