Legislature(2005 - 2006)BUTROVICH 205
04/23/2005 04:00 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB88 | |
| HB85 | |
| SB74 | |
| SB125 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 74 | TELECONFERENCED | |
| += | SB 125 | TELECONFERENCED | |
| += | HB 85 | TELECONFERENCED | |
| += | HB 88 | TELECONFERENCED | |
SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS
4:21:27 PM
CHAIR RALPH SEEKINS announced SB 74 to be up for consideration.
MR. DEAN GUANELI, chief assistant attorney general, Department
of Law (DOL) advised the committee the DOL submitted revised
findings, which may not have been adopted.
CHAIR SEEKINS advised him the findings were under consideration.
MR. GUANELI summarized the findings, which were revised to more
accurately reflect the evidence presented. There are a total of
nine findings. The lead-in finding says based on the type of
marijuana today and its effect on young people, Alaska Natives
and those undergoing alcohol treatment, there is a threat posed
to the public health and welfare, which justifies its
prohibition. The Legislature has a duty to promote the public
health and welfare set out in Article 7 Section 4 of the state
constitution.
The next finding reflects the fact that marijuana has changed.
The potency is much higher and the price is much higher. The
increase in potency has added to the cost of treatment for young
people.
4:23:45 PM
MR. GUANELI stated several hundred Alaskans each year are
seeking treatment for marijuana abuse. The third finding talks
about the potential for dependency.
4:26:28 PM
The fourth finding talks about early exposure to a young person,
which increases the likelihood they will go on to more potent
illegal drugs. The fifth finding refers to the high percentage
of people in treatment. The sixth finding talks about the
physical dangers of marijuana.
4:28:39 PM
The seventh finding talks about the high percentage of people
arrested who have marijuana in their system. The eighth finding
talks about how children of parents who use marijuana are five
times more likely to become marijuana users.
4:31:19 PM
The ninth finding talks about the two court of appeals cases
that have happened in the past two years.
4:32:17 PM
SENATOR THERRIAULT asked the amount of marijuana cigarettes in
four ounces.
MR. GUANELI answered one cigarette is equal to one-quarter gram
and so there are 400 cigarettes in four ounces of marijuana.
Because the potency degrades over time, one would have to either
use a lot of it quickly or give it away or sell it.
4:33:20 PM
SENATOR THERRIAULT moved the findings be amended to CSSB 74.
Hearing no objections, Amendment 1 passed.
SENATOR FRENCH moved Amendment 2 as a committee substitute (CS).
A M E N D M E N T 2
24-GS1054\G
Luckhaupt
CS FOR SENATE BILL NO. 74( )
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-FOURTH LEGISLATURE - FIRST SESSION
BY
Offered:
Referred:
Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to marijuana and misconduct involving a
controlled substance; and providing for an effective date."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 11.71.040(a) is amended to read:
(a) Except as authorized in AS 17.30, a person
commits the crime of misconduct involving a controlled
substance in the fourth degree if the person
(1) manufactures or delivers any amount of a
schedule IVA or VA controlled substance or possesses any
amount of a schedule IVA or VA controlled substance with
intent to manufacture or deliver;
(2) manufactures or delivers, or possesses with
the intent to manufacture or deliver, one or more
preparations, compounds, mixtures, or substances of an
aggregate weight of one ounce or more containing a schedule
VIA controlled substance;
(3) possesses
(A) any amount of a schedule IA or IIA
controlled substance;
(B) 25 or more tablets, ampules, or
syrettes containing a schedule IIIA or IVA controlled
substance;
(C) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of
three grams or more containing a schedule IIIA or IVA
controlled substance;
(D) 50 or more tablets, ampules, or
syrettes containing a schedule VA controlled
substance;
(E) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of six
grams or more containing a schedule VA controlled
substance;
(F) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of four
ounces [ONE POUND] or more containing a schedule VIA
controlled substance; or
(G) 25 or more plants of the genus
cannabis;
(4) possesses a schedule IIIA, IVA, VA, or VIA
controlled substance
(A) with reckless disregard that the
possession occurs
(i) on or within 500 feet of school
grounds; or
(ii) at or within 500 feet of a
recreation or youth center; or
(B) on a school bus;
(5) knowingly keeps or maintains any store,
shop, warehouse, dwelling, building, vehicle, boat,
aircraft, or other structure or place that is used for
keeping or distributing controlled substances in violation
of a felony offense under this chapter or AS 17.30;
(6) makes, delivers, or possesses a punch, die,
plate, stone, or other thing that [WHICH] prints, imprints,
or reproduces a trademark, trade name, or other identifying
mark, imprint, or device of another or any likeness of any
of these upon a drug, drug container, or labeling so as to
render the drug a counterfeit substance;
(7) knowingly uses in the course of the
manufacture or distribution of a controlled substance a
registration number that is fictitious, revoked, suspended,
or issued to another person;
(8) knowingly furnishes false or fraudulent
information in or omits material information from any
application, report, record, or other document required to
be kept or filed under AS 17.30;
(9) obtains possession of a controlled substance
by misrepresentation, fraud, forgery, deception, or
subterfuge; or
(10) affixes a false or forged label to a
package or other container containing any controlled
substance.
* Sec. 2. AS 11.71.050(a) is amended to read:
(a) Except as authorized in AS 17.30, a person
commits the crime of misconduct involving a controlled
substance in the fifth degree if the person
(1) manufactures or delivers, or possesses with
the intent to manufacture or deliver, one or more
preparations, compounds, mixtures, or substances of an
aggregate weight of one-half ounce or more containing a
schedule VIA controlled substance;
(2) manufactures or delivers, or possesses with
the intent to manufacture or deliver, one or more
preparations, compounds, mixtures, or substances of an
aggregate weight of less than one-half ounce containing a
schedule VIA controlled substance, for remuneration;
(3) possesses
(A) less than 25 tablets, ampules, or
syrettes containing a schedule IIIA or IVA controlled
substance;
(B) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of less
than three grams containing a schedule IIIA or IVA
controlled substance;
(C) less than 50 tablets, ampules, or
syrettes containing a schedule VA controlled
substance;
(D) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of less
than six grams containing a schedule VA controlled
substance; or
(E) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of one
ounce [ONE-HALF POUND] or more containing a schedule
VIA controlled substance; or
(4) fails to make, keep, or furnish any record,
notification, order form, statement, invoice, or
information required under AS 17.30.
* Sec. 3. AS 11.71.060(a) is amended to read:
(a) Except as authorized in AS 17.30, a person
commits the crime of misconduct involving a controlled
substance in the sixth degree if the person
(1) uses or displays any amount of a schedule
VIA controlled substance;
(2) [OR] possesses one or more preparations,
compounds, mixtures, or substances of an aggregate weight
of less than one ounce [ONE-HALF POUND] containing a
schedule VIA controlled substance; or
(3) [(2)] refuses entry into a premise for an
inspection authorized under AS 17.30.
* Sec. 4. This Act takes effect immediately under
AS 01.10.070(c).
CHAIR SEEKINS objected.
SENATOR FRENCH advised his CS takes three of the provisions
supplied by the DOL and makes a separate bill out of them. The
provisions relate to the C felony, the A misdemeanor and the B
misdemeanor levels of the crime. The proposed CS reduces the
amount of the C felony down from one pound to four ounces,
reduces the A misdemeanor to under four ounces, and the B
misdemeanor down to one ounce. Previous expert testimony
suggested that since the potency has elevated, people are
smoking less. He expressed doubt as to whether the war on drugs
is headed in the right direction.
4:37:13 PM
SENATOR FRENCH read from the 1994 La Guardia Commission Report
that concluded there is no direct relationship between the
commission of crimes of violence and marijuana. A 1969 report
indicated there was no direct relation between smoking cannabis
and serious physical danger. A 1970 Canadian report found
physical dependence on marijuana has not been proven and that no
physiological affects have been shown to occur even to regular
users.
4:39:34 PM
A 1997 commission from the Australian government concluded the
toxicity of marijuana is low compared to any other drug and
there are no major health effects shown to manifest from it's
use.
4:40:43 PM
The American Enterprise Institute, a very conservative think
tank, published a report on March 26, 2005 that says despite
billions of tax dollars spent combating the war on drugs, the
United States still have the worst drug problem among western
nations. They concluded criminal prosecution of marijuana does
not appear to be justified.
Just focusing on possession in Alaska, there were 1500 arrests
in 2003, which led to 500 convictions. Of the 500 convictions,
80 percent were dismissed. It seems to be a waste of resources.
4:45:21 PM
SENATOR FRENCH asserted his proposed CS puts the level where it
belongs in light of modern evidence concerning marijuana.
SENATOR HUGGINS asked Senator French if he supported overturning
Ravin.
SENATOR FRENCH answered he is agnostic on that point. The
government isn't interested in prosecuting people for simple
possession. The basis of SB 74 could overturn Ravin.
4:46:55 PM
MR. GUANELI pointed out most simple possession cases are almost
always those of using marijuana while driving.
4:50:19 PM
MR. GUANELI disagreed with Senator French's amendment and stated
it does not address the situation where young people are selling
to other young people. By making that a felony offense sends a
message loud and clear.
4:53:10 PM
SENATOR FRENCH pointed out it is currently a crime to sell
marijuana to anyone.
4:56:59 PM
CHAIR SEEKINS announced he would allow the committee members
time to consider Senator French's CS. The committee would take
up SB 74 at a later date.
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