Legislature(2005 - 2006)BUTROVICH 205
04/11/2005 08:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB74 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 74 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS
Chair Ralph Seekins announced SB 74 to be up for consideration.
8:43:30 AM
DEAN GUANELI, Department of Law (DOL), introduced SB 74 to the
Senate Standing Judiciary Committee and stated the last time the
Legislature considered marijuana was in 1999 when the session
was considering medical marijuana. SB 74 does not affect medical
marijuana in any way. SB 74 brings the topic of marijuana before
the Legislature for the first time since 1982. Testimony from
experts heard in previous committees is currently being
transcribed and will be available to the committee for
consideration.
8:45:52 AM
MR. GUANELI referred to an Alaska Supreme Court decision of 1975
Ravin v. State; wherein the state did not show sufficient
evidence that marijuana was a dangerous substance. THC is the
main active ingredient in marijuana and the average content of
THC in marijuana was less than one percent. When someone is
talking about the potency of marijuana, they are talking about
THC. Currently the THC potency of marijuana in Alaska is running
over 10 percent.
8:47:53 AM
MR. GUANELI read from the 1975 Alaska Supreme Court decision,
which indicated one reason for the judgment was due to the low
level of potency of marijuana at the time.
8:49:59 AM
Today a significant number of people are dependant on marijuana.
Testimony in Senate Health and Social Services alleged nine
percent of regular marijuana users become dependent, with Alaska
Natives dependency showing higher rates.
8:52:07 AM
Alcohol abuse is the number one substance abuse problem in
Alaska. An additional area of concern is marijuana use by
children where in Alaska 50 percent of young people have tried
it. The average age of use is coming down.
8:55:11 AM
There are now marijuana anonymous chapters. The provision in the
last section of SB 74 provides different methods of weighing
marijuana. There are websites that assist people in preserving
the potency.
8:57:42 AM
A book titled A Child's Garden of Grass offers assistance with
preserving marijuana potency by creating a certain type of
bacteria that improves potency. Growers suggest re-drying of the
marijuana to stop mold growth.
8:59:31 AM
Another article recommends storing marijuana in an airtight
container and putting it in the ground. This misleading
information causes marijuana to be a dangerous drug. The
beginning of SB 74 includes legislative findings, which have
been criticized due to the language used. The DOL has suggested
revised findings and would like an opportunity to come back and
present them so as to help move SB 74 forward.
9:01:38 AM
SENATOR GENE THERRIAULT noted it is clear the DOL is building
the record for litigation. He asked the importance of putting
findings into SB 74 for the purpose of litigation.
MR. GUANELI said the DOL was attempting to bring to the court
information about marijuana that the Legislature has not looked
at. At time of the Ravin decision, there was no legislative
record. The DOL believes that the findings would add essential
elements for the court to consider, which would simplify
litigation.
9:04:13 AM
SENATOR THERRIAULT asked when marijuana molds become harmful.
MR. GUANELI reported it was during handling and when inhaled.
9:05:15 AM
MR. BILL HOGAN, director, Division of Behavioral Health,
Department of Health and Social Services (DHSS), introduced
himself. He said Alaskans entering the mental health and
substance abuse system have both problems of alcoholism and drug
abuse. There is a correlation between substance abuse and
suicide. Nearly 30 percent of people entering treatment have a
history of cannabis abuse.
9:08:42 AM
Many individuals who have completed suicide had been drinking
and/or using drugs.
9:11:43 AM
MS. CRISTY WILLER, deputy director, Division of Behavioral
Health, testified in support of SB 74. She said 29 states and 5
countries have marijuana anonymous chapters. The likely problem
is because the potency is higher than ever.
9:15:21 AM
For cannabis dependence, three or more of the following
characteristics have to be present: Tolerance, withdrawal
symptoms, a significant time spent seeking the drug,
interference with family and work, persistence in use. Abuse is
indicated when drug use interferes with school or work, becomes
physically hazardous, instigates legal problems, or the user
shows signs of increasing discord within the family.
9:17:33 AM
People in Alaska are more likely to use marijuana and less
likely to think it is dangerous. Children whose parents use
marijuana are more than likely to use it. Children whose parents
are against marijuana are less likely to try it.
9:19:57 AM
There is a strong correlation between parental attitude and use
of marijuana.
9:21:09 AM
Marijuana is a gateway drug, which leads to cocaine or heroin
use. One in eight high school students reported using marijuana
before the age of eighteen.
9:23:21 AM
Alcohol and marijuana use is not mutually exclusive.
9:24:49 AM
Sixty-nine percent of males arrested for domestic violence
tested positive for marijuana.
9:26:05 AM
As a director of Bristol Bay's treatment center, Ms. Willer
witnessed people using marijuana to help stay off of alcohol.
9:27:27 AM
CHAIR SEEKINS asked DG to summarize information contained in two
notebooks that were provided by the DOL.
MR. GUANELI explained the tabs relate to subjects and the
subjects contain articles. The addendum takes each finding in SB
74 and describes where the information came from. There is a
tremendous amount of material available on marijuana.
9:30:08 AM
SENATOR CHARLIE HUGGINS moved to incorporate the notebook
material provided by the DOL into record. Hearing no objection,
the motion carried.
9:30:57 AM
CAPTAIN ED HARRINGTON, Alaska State Troopers, testified he has
worked for the troopers for 20-plus years, 10 of which have been
in the drug unit. He recently interviewed a six year old at a
methamphetamine lab who told of an experience of smoking
marijuana with his mother's boyfriend. A 17-year-old boy
recently contacted at school for possession of marijuana stated
he had been smoking marijuana since age 13.
9:33:26 AM
Marijuana has a shelf life. After 60 days the potency decreases
by half. The wholesale price in south central Alaska is $3,800 a
pound. The wholesale price in rural Alaska can reach $9,000
pound.
9:35:34 AM
Most marijuana is grown commercially in Mylar-lined rooms with
expensive air ventilation and light systems.
9:37:14 AM
In the early 1990s Alaska was on the cutting edge of marijuana
cultivation. It is commonly exported out of state. The rise in
methamphetamine labs keeps the focus off marijuana growers. As
the troopers increase alcohol seizures they see more and more
marijuana destined to rural areas.
9:39:50 AM
One plant can easily produce four ounces. A large percentage of
children who smoke marijuana get it from their parents.
Marijuana is sprayed with fertilizers, herbicides, pesticides,
which are ingested when smoked.
9:42:02 AM
The average person would spend two months in jail for growing up
to 500 plants.
9:42:47 AM
Senator Hollis French joined the committee.
CAPT. HARRINGTON contended marijuana is not relatively harmless.
A Mat-Su Valley homicide where one friend shot another was due
to marijuana ingestion. A teenager who murdered his stepmother
told investigators he was high on marijuana. A person protecting
his marijuana shot at several officers.
9:44:10 AM
CAPT. HARRINGTON concluded the Alaska State Troopers have yet to
come across a marijuana grow being used to produce hemp.
MR. GUANELI added Alaska is the only state in the country that
allows recreational use of marijuana. Studies show the
perception of increase penalties has an effect on whether people
use a drug.
9:47:21 AM
SENATOR GRETCHEN GUESS asked Mr. Guaneli whether there were any
other schedule 6A drugs besides marijuana.
MR. GUANELI responded the only schedule 6A drug is marijuana.
9:54:50 AM
CHAIR SEEKINS asked the penalty for misconduct involving a
controlled substance in the fifth degree.
MR. GUANELI explained it is a Class A misdemeanor. He offered
committee members a chart listing the new proposed marijuana
laws.
9:55:30 AM
CHAIR SEEKINS asked the typical bail schedule for a marijuana
arrest.
MR. GUANELI explained it is very rare for someone to do jail
time for simple possession. The troopers prefer to go after the
commercial growers.
9:58:44 AM
SENATOR FRENCH explained the difficulty in determining the
timeframe for marijuana use when testing a person for it and
asked the source of the finding on Page 2, Paragraph 5.
MR. GUANELI said a detailed study by the University of Alaska
was included in the materials presented to the committee.
10:01:25 AM
SENATOR FRENCH asked the position of the police when performing
searches without a warrant.
MR. GUANELI said the mere odor of marijuana wouldn't be enough
to establish a cause to search. If the police are there lawfully
they may be able to seize evidence that is in plain view. The
police alone do not have search authority. SB 74 does nothing to
change search and seizure.
10:04:43 AM
MR. BILL PARKER, Alaskans for Marijuana Regulation and Control,
introduced himself and Mr. Wes Macleod-Ball from the Alaska
Civil Liberties Union (ACLU). He explained the best use of time
would be to allow his witnesses to testify.
10:06:04 AM
DR. LESTER GRINSPOON, M.D., Associate Professor of Psychiatry,
Harvard Medical School, testified he studied marijuana with the
object of producing sound material on the negative properties of
marijuana so that young people would heed government warnings.
He said he soon discovered he had been brainwashed about the
effects. Most of what people are led to believe about the
dangers of marijuana is mythical.
10:08:17 AM
DR. GRINSPOON said he has devoted much of his life to the study
of marijuana. It is no more harmful today than it was in 1975.
Street marijuana is more potent but does not impose increased
risk. A user simply uses less. The pulmonary risk is
exaggerated. Being exposed to pollution poses more of a risk
than marijuana smoking.
CHAIR SEEKINS asked Dr. Grinspoon to summarize.
DR. GRINSPOON complained about the relatively small amount of
time allotted for testimony in comparison to those who are
proponents of SB 74.
10:10:06 AM
SENATOR FRENCH asked Dr. Grinspoon to comment on the adverse
health and social effects and the addictive component.
DR. GRINSPOON aired the findings associated with SB 74 were
absurd. The addictive properties of marijuana have been
exaggerated.
10:12:48 AM
SENATOR FRENCH asked whether people on marijuana who operated
motor vehicles were endangering others.
DR. GRINSPOON asserted marijuana was not in the same class as
alcohol in respect to on-road hazards. The Department of
Transportation studies show it is difficult to prove cannabis is
harmful when driving.
10:15:04 AM
SENATOR THERRIAULT asked Dr. Grinspoon to compare the harms of
marijuana to tobacco.
DR. GRINSPOON alleged there has never been a single death
attributed to marijuana. The lethal dosage of marijuana has not
been found.
10:17:14 AM
SENATOR HUGGINS asked Dr. Grinspoon what his counsel would be to
children.
DR. GRINSPOON said cannabis use is not for children no more than
alcohol is.
SENATOR HUGGINS asked what his counsel would be for adults.
DR. GRINSPOON said he would advise they use it responsibly.
Medically, he would counsel adults who have never used it before
to take one puff and wait for a while to see what happens. They
may get relief from their pain or they may become anxious. They
should take very little bits at a time until the desired effects
are achieved.
10:22:30 AM
MR. SCOTT BATES economist, Boreal Economic Analysis and
Research, detailed the costs with regard to prohibiting
marijuana would be $16 million per year. He disagreed with the
fiscal notes submitted in association with SB 74, which say
there would be no social impacts. There would be an additional
$1 million dollar cost to the Department of Public Safety and an
additional $4 million dollar cost to the courts as well as an
additional $2.16 million dollars for the Department of
Corrections.
10:24:14 AM
The social costs by incarcerating people hits the economy in the
form of lost work and value of output. There would be secondary
costs to the Department of Corrections for parole and probation
violations. All told he estimated an additional $35-40 million
dollars cost per year if SB 74 were to go into effect. He
expressed doubt that people would avoid using marijuana if it
were to become illegal.
10:28:15 AM
DR. ROBERT MALAMEDE, Ph.D., Professor of Biology, University of
Colorado at Colorado Springs, testified that everyone uses
marijuana-like compounds every day. Marijuana mimics the way the
body works. He claimed marijuana-like compounds regulate every
system in the body. Marijuana-like compounds regulate normal
memory.
10:30:30 AM
Many diseases are caused by imbalance. Marijuana has a profound
effect on cancer and it prevents many types of cancers in animal
studies and tissue cultures. It is used for stress relief. The
use of marijuana by the Indian population may be an attempt to
medicate themselves in a healthy manner. Marijuana alone does
not cause violence. Statistics can be made to say anything.
10:33:33 AM
DR. MALAMEDE summarized the bottom line is marijuana has a
tremendous amount of positive uses. The criminalization of
marijuana will impair the prosecuted young people by making them
ineligible for student aid.
10:34:53 AM
DR. TIM HINTERBERGER, Ph.D, Associate Professor of Biomedicine,
University of Alaska in Anchorage (UAA), informed his statements
are not affiliated with UAA. He said the articles presented by
the State of Alaska are not medical review articles and should
not be considered as such.
10:37:31 AM
The 1972 National Commission on Marijuana and Drug Abuse
appointed by former President Richard Nixon concluded
unanimously that marijuana is not a grave problem. Nothing since
1972 has been proven to change that position.
10:38:45 AM
DR. HINTERBERGER asserted SB 74 disregards existing scientific
consensus of the health, social, and economic effects of our
current marijuana policy. If the Alaska Legislature passes into
law section two of SB 74, it will demonstrate to world it has no
regard for scientific process or for a systematic and methodical
legislative process.
SENATOR FRENCH noted the huge amount of information associated
with SB 74. He asked Dr. Hinterberger to reiterate his point
regarding the importance of using scientific review articles.
DR. HINTERBERGER explained scientists review several articles on
a subject before incorporating them into a review article, which
contain a broader perspective of an issue. He does not know of
any recent review articles that conclude marijuana as more
dangerous than what the 1972 commission said.
10:41:53 AM
SENATOR HUGGINS asked Dr. Hinterberger to comment on the rise of
THC levels in marijuana.
DR. HINTERBERGER responded the increase in potency is not nearly
so dramatic as was presented by the state. There is no evidence
of increased harm.
10:43:50 AM
DR. MITCH EARLEYWINE, Ph.D., Associate Professor of Psychology,
University of Southern California (USC), testified he is a
published authoritarian on the subject of marijuana and he also
teaches substance abuse treatment at USC. Previous testimony
regarding higher levels of marijuana potency has been
exaggerated.
10:46:06 AM
DR. EARLEYWINE asserted a study done in the Netherlands showed
there was no meaningful impairment while driving under the
influence of marijuana. Alcohol impairs the body much more
dramatically. Addictiveness ratings for cannabis are the same as
those for caffeine. The addictive properties of marijuana can be
distorted by those who work in the substance abuse fields
because they are constantly in touch with the small amount of
people who have problems with the plant.
10:47:06 AM
CHAIR SEEKINS announced SB 74 would be picked up again at a
later date.
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