Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/21/2011 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 86 PROTECTION OF VULNERABLE ADULTS/MINORS TELECONFERENCED
Heard & Held
+ SB 17 SYNTHETIC CANNABINOIDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SB  17-SYNTHETIC CANNABINOIDS                                                                              
                                                                                                                                
2:38:28 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 17.                                                                              
                                                                                                                                
SENATOR  KEVIN  MEYER, sponsor  of  SB  17, introduced  the  bill                                                               
paraphrasing the following sponsor statement :                                                                                  
                                                                                                                                
     SB  17 would  classify certain  synthetic cannabinoids,                                                                    
     commonly  known  as  K2  or Spice  as  a  schedule  IIA                                                                    
     controlled substance.                                                                                                      
                                                                                                                                
     This  new   drug  is   dangerous,  cheap   and  legally                                                                    
     available.  Sold in  smoke shops  and  gas stations  as                                                                    
     incense, it  is marketed  to people who  are interested                                                                    
     in   herbal   alternatives   to   cannabis.   Synthetic                                                                    
     cannabinoids    are    inexpensive,   accessible    and                                                                    
     undetectable in  drug tests. Here  in Alaska,  the drug                                                                    
     enjoys  some popularity  amongst  North Slope  workers,                                                                    
     U.S.  Military  members  and students.  The  U.S.  Drug                                                                    
     Enforcement  Administration, Municipality  of Anchorage                                                                    
     and the U.S. Military have  all taken action to control                                                                    
     and prohibit use of this drug.                                                                                             
                                                                                                                                
     Synthetic cannabinoid  is abused  mainly by  smoking or                                                                    
     prepared  as  drink.  Users experience  severe  adverse                                                                    
     reactions  including hallucinations,  nausea, vomiting,                                                                    
     agitation, and panic  attacks. The chemical composition                                                                    
     of synthetic  cannabinoids is considerably  more potent                                                                    
     to tetrahydrocannabinol  or THC, the  active ingredient                                                                    
     in marijuana).                                                                                                             
                                                                                                                                
     Eleven  states  have   passed  legislation  classifying                                                                    
     synthetic marijuana  as a controlled  Substance. Twenty                                                                    
     one states,  including Alaska, have  introduced similar                                                                    
     legislation. Should SB 17 pass,  it will be unlawful to                                                                    
     sell,  use, purchase,  possess, manufacture,  transport                                                                    
     or deliver synthetic cannabinoids.                                                                                         
                                                                                                                                
2:44:18 PM                                                                                                                    
SENATOR  MEYER noted  the letters  of  support from  the City  of                                                               
Anchorage, the  Mental Health Board,  and numerous  public safety                                                               
groups.                                                                                                                         
                                                                                                                                
SENATOR   WIELECHOWSKI  asked   for   his   thought  process   in                                                               
classifying this as a schedule IIA controlled substance.                                                                        
                                                                                                                                
SENATOR MEYER said the  Anchorage municipal prosecutor recognizes                                                               
that a  Schedule III  classification might be  more in  line with                                                               
the substance  itself and  therefore more  likely to  be enforced                                                               
and  prosecuted,  but he  favors  the  tougher felony  sentencing                                                               
under Schedule II.  He deferred to the committee  to decide which                                                               
classification would be most appropriate.                                                                                       
                                                                                                                                
CHAIR FRENCH  asked if the  Municipality of  Anchorage classifies                                                               
drugs or prescribes either an A or B misdemeanor.                                                                               
                                                                                                                                
SENATOR MEYER replied there's a  $50 fine for the first violation                                                               
and $300 for the second.                                                                                                        
                                                                                                                                
CHAIR FRENCH  pointed out that  the options range from  a traffic                                                               
ticket sort of penalty to a serious felony.                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked if there's  a way to test that someone                                                               
was driving under  the influence of a  synthetic cannabinoid; and                                                               
could a  person be  arrested for driving  under the  influence of                                                               
this substance given the current DUI laws.                                                                                      
                                                                                                                                
2:48:21 PM                                                                                                                    
SENATOR  MEYER  said  that's part  of  the  current  frustration.                                                               
Officers know  that these drivers  are impaired, but  they aren't                                                               
intoxicated so  proof is difficult.  He noted that the  crime lab                                                               
submitted a  fiscal note asking  for one additional  position and                                                               
some money to begin testing for synthetic cannabinoids.                                                                         
                                                                                                                                
2:49:24 PM                                                                                                                    
CHRISTINE  MARASIGAN,  staff to  Senator  Meyer,  added that  the                                                               
municipal prosecutor  has said that synthetic  cannabinoids don't                                                               
show up on the normal drug panel,  but there are ways to test for                                                               
it. The real  frustration for law enforcement is  that this isn't                                                               
a  controlled substance  so there  is no  recourse for  follow-up                                                               
when a driver is obviously impaired.                                                                                            
                                                                                                                                
CHAIR FRENCH  recalled reading about cases  involving bad driving                                                               
near the entrance to the military base in Anchorage.                                                                            
                                                                                                                                
MS.   MARASIGAN  confirmed   that  there   were  several   highly                                                               
publicized  instances of  people in  Anchorage driving  under the                                                               
influence  of synthetic  cannabinoids.  These  cases spurred  the                                                               
municipality to pass an ordinance banning it.                                                                                   
                                                                                                                                
2:51:59 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of  Law (DOL), said DOL  believes it's a good  idea to                                                               
schedule this  drug, but it  does have  concern that it  get into                                                               
the right  schedule. Generally,  the Legislature  uses scientific                                                               
rather than  anecdotal evidence to  schedule a drug  according to                                                               
the  harm it  does  to the  individual and  the  public. But  DOL                                                               
hasn't heard  any scientific evidence to  indicate one particular                                                               
schedule over  another, and it would  be up to the  department to                                                               
defend  the  classification on  a  Raven  type challenge  because                                                               
these are cannabinoids.  While there's been testimony  that it is                                                               
more potent than  marijuana, that's anecdotal at  this point. She                                                               
suggested the  committee consider  that marijuana is  currently a                                                               
schedule VIA  drug and that  schedule III currently has  a couple                                                               
of  other similar  synthetic cannabinoids.  Right  now, it's  not                                                               
illegal to use  these substances; if they're put  in schedule II,                                                               
possession  of   any  amount  would   be  a   felony.  Scientific                                                               
justification should be in the legislative record.                                                                              
                                                                                                                                
SENATOR  PASKVAN asked  if it  would be  a violation  of the  DUI                                                               
statute if  someone were to  consume synthetic alcohol.  He added                                                               
that it's in powered form.                                                                                                      
                                                                                                                                
MS. CARPENETI said she had  never heard of synthetic alcohol, but                                                               
she  did  know  that  the  ABC  Board  doesn't  control  powdered                                                               
alcohol.                                                                                                                        
                                                                                                                                
2:55:24 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked why  she  thinks  the supreme  court                                                               
would say that Raven would not apply to this substance.                                                                         
                                                                                                                                
MS.  CARPENETI  said  DOL's  concern  is  that  the  court  would                                                               
question why  it's in  schedule II  if it's  a synthetic  form of                                                               
marijuana.                                                                                                                      
                                                                                                                                
CHAIR FRENCH  said even  if it's Raven  qualified a  person could                                                               
only use  small amounts at  home; someone who drives  after using                                                               
marijuana is guilty of DWI.                                                                                                     
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI asked  where DOL  believes this  belongs in                                                               
the schedule.                                                                                                                   
                                                                                                                                
MS. CARPENETI  replied it  would be  more logical  if it  were in                                                               
schedule  III because  the  synthetic  cannabinoids nabilone  and                                                               
marinol, as  well as hash, hashish  oil and tetrahydrocannabinols                                                               
are already in Schedule IIIA.                                                                                                   
                                                                                                                                
2:58:48 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if every  year the  Legislature could                                                               
expect to add to the schedules as new compounds are developed.                                                                  
                                                                                                                                
CHAIR FRENCH asked  how quickly these sorts  of compounds evolve.                                                               
If these  are outlawed will there  be a new formulation  of K2 on                                                               
the market in six months?                                                                                                       
                                                                                                                                
MS. CARPENETI replied  she wouldn't be surprised if  that were to                                                               
happen.                                                                                                                         
                                                                                                                                
2:59:42 PM                                                                                                                    
QUINLAN STEINER, Public Defender,  Public Defender Agency, stated                                                               
that  he  too  is  concerned  about  the  proposed  schedule  IIA                                                               
classification because the very  lowest level of possession would                                                               
be a class C felony. He  pointed out that there doesn't appear to                                                               
be any  record establishing departure from  marijuana as schedule                                                               
VIA  or synthetic  cannabinoids  as schedule  IIA, and  departing                                                               
without   an   adequate   record   ultimately   compromises   the                                                               
credibility  of  the system.  He  noted  that previous  testimony                                                               
indicated  that this  particular substance  is a  problem because                                                               
it's legal  to sell  in shops  and that  making it  illegal would                                                               
likely solve the  problem. Whoever makes this  material will move                                                               
on  to  make  another  substance.   He  again  cautioned  against                                                               
departing  from  what  is  currently a  VIA  of  IIIA  controlled                                                               
substance.                                                                                                                      
                                                                                                                                
CHAIR  FRENCH said  he gets  the  point; it  will disappear  once                                                               
merchants stop carrying it.                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked if the public defender office sees                                                                   
many cases involving these substances.                                                                                          
                                                                                                                                
MR. STEINER answered no; he only heard about it three or four                                                                   
months ago.                                                                                                                     
                                                                                                                                
3:02:03 PM                                                                                                                    
CHAIR FRENCH announced that he would hold public testimony open.                                                                
                                                                                                                                
SENATOR WIELECHOWSKI said he'd like to have a policy discussion                                                                 
on the record about where the state is headed with regard to the                                                                
control of these sorts of substances.                                                                                           
                                                                                                                                
CHAIR FRENCH announced he would hold SB 17 in committee.                                                                        

Document Name Date/Time Subjects
SB 17 Sponsor Statement version A.pdf SJUD 2/21/2011 1:30:00 PM
SB 17
SB 17 US DeptofJustice DEA News Release.pdf SJUD 2/21/2011 1:30:00 PM
SB 17
SB 17 NCSL Pending Legislation on Synthetic Cannabinoids by State as of 01.18.2011.pdf SJUD 2/21/2011 1:30:00 PM
SB 17
SB 17 NCSL Synthetic Cannabinoid State Laws as of 01.18.2011.pdf SJUD 2/21/2011 1:30:00 PM
SB 17
SB 17 Support Letter APOA AACP WPA.pdf SJUD 2/21/2011 1:30:00 PM
SB 17