Legislature(2015 - 2016)BUTROVICH 205
02/20/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 30 | TELECONFERENCED | |
SB 30-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
1:38:11 PM
CHAIR MCGUIRE announced the consideration of SB 30. "An Act
relating to controlled substances; relating to marijuana;
relating to driving motor vehicles when there is an open
marijuana container; and providing for an effective date." She
solicited a motion to adopt the work draft committee substitute
(CS).
1:38:20 PM
SENATOR COGHILL moved to adopt the work draft CS for SB 30,
labeled 29-LS0231\S, as the working document.
CHAIR MCGUIRE found no objection and announced that version S
was before the committee.
1:39:11 PM
SENECA THENO, Municipal Prosecutor, Municipality of Anchorage,
(MOA) reviewed highlights of the written comments she submitted
on February 20, 2015 pertaining to version S.
· Sections 103 and 104 on pages 60-61. The definition of open
container of marijuana in a motor vehicle including that
there be evidence of consumption within the vehicle will
create an unenforceable ordinance. The MOA proposes
changing the language to prohibit marijuana in the
passenger compartment of the vehicle while the vehicle is
being driven. This will clarify the issue for both citizens
and police officers. Responding to a question, she
suggested the most appropriate change would be in Section
102 on page 60, line 17. Replace the proposed new language
with "or there is any marijuana in the passenger
compartment of the vehicle."
· Section 51 on pages 29-32. It appears that the bill
provides no penalty for possession of greater than one
ounce of marijuana.
CHAIR MCGUIRE advised that a forthcoming amendment addresses the
issue.
MS. THENO continued to review the suggestions from the
Municipality of Anchorage.
· Section 51, pages 31-32. The current penalties in Title 4
for alcohol offenses by minors and the proposed penalties
for marijuana offenses by minors are significantly
different. The elements of the comparable offenses are also
different. The initiative simply included a prohibition on
people under age 21 entering the premises and the bill
provides much more detail.
· Section 51, page 30, lines 6-26. AS 17.38.200 addresses
culpability for an establishment allowing a person under
age 21, but at least age 18, to do certain marijuana-
related activities, but there is nothing for persons under
the age of 18.
· Section 51, page 29, lines 11-20, and page 30, lines 6-24.
AS 17.38.200(a)(1)(A)(iv) makes it a crime for an
unlicensed seller to knowingly deliver marijuana to a
person under age 21. AS 17.38.200(a)(2)(E) makes it a crime
for a licensed seller to negligently allow a person to
deliver marijuana to a person under age 21 and over age 18.
The illegal dealer is held to a higher level of intent than
the licensed seller, so it will be more difficult to prove
wrongdoing by an illegal dealer than a licensed dealer.
· In general, the MOA is highly concerned that some of the
penalties or lack of penalties may not create a clear,
strong and effective regulatory system to ensure the safety
of youths and fend off federal intervention.
1:48:26 PM
DENNIS WHEELER, Municipal Attorney, Municipality of Anchorage
(MOA), highlighted perceived problems with Section 126 on page
71, which speaks to the authority of local governments to
regulate marijuana under AS 17.38. The proposed language mirrors
that in AS 29.35.145 and local governments view that statute as
analogous on the local level to the state's frequent complaint
about federal overreach. It goes too far in restricting what
local governments are able to do. He suggested the committee
instead look at language in Title 4 that explains what local
governments are able to do. He noted that language similar to
that in Title 4 is being incorporated in the companion HB 75.
CHAIR MCGUIRE asked if he was aware that the bill adds to what
is already in statute.
MR. WHEELER answered yes, but his perspective is that the
language in Title 4 fits better than the language that's
proposed in the bill.
1:52:00 PM
CHAIR MCGUIRE turned to the amendments. [The amendments were
pre-numbered 1-11.]
SENATOR COGHILL withdrew Amendment 1 [29-LS0231\S.5].
1:52:24 PM
SENATOR COGHILL moved Amendment 2, labeled 29-LS0231\S.3.
29-LS0231\S.3
Martin
2/17/15
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 30(JUD), Draft Version "S"
Page 32, lines 21 - 22:
Delete "except when authorized by the terms of
registration issued under this chapter"
CHAIR MCGUIRE objected for discussion purposes.
1:53:08 PM
JORDAN SHILLING, Staff, Senator John Coghill, explained that the
language is a vestige of an early version that the committee
didn't consider. He said it is being deleted "because it would
seem to allow for a license or registration of some sort that
would allow smoking in public, like a private club scenario."
SENATOR COGHILL added that his concern is that a regulated
smoking establishment will present a public safety issue.
SENATOR MICCICHE asked if the amendment contradicts the
initiative.
MR. SHILLING replied it doesn't appear to; the initiative said
no smoking in public and didn't define "public."
SENATOR COGHILL added that the amendment addresses a public
establishment rather than a public place and would apply once
regulations are adopted.
CHAIR MCGUIRE asked Mr. Schulte to comment.
1:57:45 PM
BRUCE SCHULTE, Spokesman, Coalition for Responsible Cannabis
Legislation, Anchorage, Alaska, opined that the definition of
public versus private becomes gray when talking about private
businesses or private events accessible by the public. He said
the coalition hopes that under certain circumstances the
marijuana regulatory board could consider permits similar to
those in Title 4 regulations for alcohol use.
SENATOR COGHILL stated his preference is to start with the
basics of the initiative and move forward slowly.
CHAIR MCGUIRE asked Mr. Pickett if adopting the amendment would
allow the ABC Board to adopt regulations in the future to issue
a license that would allow consumption of marijuana on a
premises.
JEFF PICKETT, Contract Attorney, Anchorage, Alaska, [did not
identify himself]. He said he believes the language would allow
a regulatory agency space to craft regulations and implement the
intent of that language.
SENATOR MICCICHE commented on the difficulty of trying to
regulate marijuana like alcohol because intoxication is
different. "It's going to take a lot more thought and a lot more
work than the time we have before the due date," he said.
SENATOR COGHILL restated his preference for moving slowly and
not addressing an exception for an establishment.
CHAIR MCGUIRE removed her objection and announced that without
further objection, Amendment 2 is adopted.
2:03:11 PM
SENATOR MICCICHE stated that he supports the amendment because
he doesn't believe it is counter to the initiative, but he would
give each amendment the same litmus test.
SENATOR COGHILL moved Amendment 3, labeled 29-LS0231\S.12.
29-LS0231\S.12
Martin
2/20/15
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 30(JUD), Draft Version "S"
Page 26, line 10, following "section":
Insert "; under this paragraph, assisting does
not include
(A) using, displaying, purchasing, or
transporting marijuana in excess of the amount allowed
in this section;
(B) possessing, growing, processing, or
transporting marijuana plants in excess of the amount
allowed in this section"
CHAIR MCGUIRE objected for discussion purposes.
SENATOR COGHILL characterized the amendment as a belt and
suspenders on personal use. It clarifies that assisting is not
possessing.
CHAIR MCGUIRE asked Mr. Schulte to comment on the proposed
amendment.
2:05:19 PM
MR. SCHULTE apologized that he didn't follow the change that's
being proposed.
SENATOR COGHILL read the amendment and reiterated the initial
explanation.
MR. SHILLING added that AS 17.38.020 explicitly says what a
person can do with regard to the personal use of marijuana.
Paragraph (5) says a person may assist another person who is 21
years or older. However, because "assist" isn't defined, it
appears to allow someone to exceed the one ounce or six plant
limit for personal use.
CHAIR MCGUIRE asked if that makes more sense.
MR. SCHULTE answered yes, and he agrees it shouldn't be a
loophole.
SENATOR COGHILL clarified that he didn't want to limit any of
the acts listed in subsections (a) through (d); he just wanted
to make sure it wasn't a loophole.
MR. SCHULTE stated agreement with the intent and didn't object
to the amendment.
SENATOR MICCICHE asked if the amendment is focused on not going
over the one ounce and six plant limit.
SENATOR COGHILL confirmed that was the intent.
2:09:39 PM
SENATOR MCGUIRE removed her objection and announced that without
further objection, Amendment 3 is adopted.
2:10:08 PM
SENATOR MICCICHE withdrew Amendment 4.
2:10:29 PM
SENATOR COSTELLO moved Amendment 5, labeled 20-LS0231\S.9.
29-LS0231\S.9
Martin
2/19/15
AMENDMENT 5
OFFERED IN THE SENATE BY SENATOR COSTELLO
TO: CSSB 30(JUD), Draft Version "S"
Page 24, line 25:
Delete the second occurrence of "and"
Insert "[AND]"
Page 24, line 28, following "substances":
Insert "; and
(7) with the cooperation of the Department
of Public Safety, create an education program for the
public regarding marijuana laws"
CHAIR MCGUIRE objected for discussion purposes.
SENATOR COSTELLO explained that the amendment adds an education
component to help the public understand the marijuana laws.
CHAIR MCGUIRE removed her objection and announced that without
further objection, Amendment 5 is adopted.
2:11:38 PM
SENATOR COGHILL moved Amendment 6.
29-LS0231\S.6
Martin
2/19/15
AMENDMENT 6
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 30(JUD), Draft Version "S"
Page 16, following line 7:
Insert a new bill section to read:
", Sec. 21. AS 11.71.160(f) is amended by adding a
new paragraph to read:
(17) cannabinoid concentrate."
Renumber the following bill sections accordingly.
Page 17, following line 21:
Insert new bill sections to read:
", Sec. 26. AS 11.71.900(14) is amended to read:
(14) "marijuana" means all parts [THE SEEDS, AND
LEAVES, BUDS, AND FLOWERS] of the plant (genus)
Cannabis, whether growing or not, with a THC
concentration of up to 50 percent, the seeds thereof,
[; IT DOES NOT INCLUDE] the resin [OR OIL] extracted
from any part of the plant, and [PLANTS, OR] any
compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin,
including marijuana concentrate; "marijuana" [FROM THE
RESIN OR OIL, INCLUDING HASHISH, HASHISH OIL, AND
NATURAL OR SYNTHETIC TETRAHYDROCANNABINOL; IT] does
not include [THE STALKS OF THE PLANT,] fiber produced
from the stalks, oil or cake made from the seeds of
the plant, [ANY OTHER COMPOUND, MANUFACTURE, SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF THE STALKS,
FIBER, OIL OR CAKE, OR THE] sterilized seed of the
plant that [WHICH] is incapable of germination, or the
weight of any other ingredient combined with marijuana
to prepare topical or oral administrations, food,
drink, or other products;
, Sec. 27. AS 11.71.900 is amended by adding new
paragraphs to read:
(31) "cannabinoid concentrate" means
marijuana with a THC concentration of greater than 50
percent;
(32) "THC concentration" has the meaning
given in AS 17.38.900."
Renumber the following bill sections accordingly.
Page 37, line 3, following "not,":
Insert "with a THC concentration of up to 50
percent,"
Page 37, following line 10:
Insert a new paragraph to read:
"(15) "cannabinoid concentrate" has the
meaning given in AS 11.71.900;"
Renumber the following paragraphs accordingly.
Page 37, line 28, following "Cannabis":
Insert "but does not include a cannabinoid
concentrate"
Page 37, following line 29:
Insert a new paragraph to read:
"(23) "THC concentration" means
(A) the percentage of delta-9
tetrahydrocannabinol content in a
(i) dry weight of any part of the plant of
the genus cannabis; or
(ii) volume or weight of a marijuana
product; or
(B) the combined percentage of delta-9
tetrahydrocannabinol and tetrahydrocannabinolic acid
in any part of the plant of the genus cannabis
regardless of moisture content;"
Renumber the following paragraph accordingly.
Page 87, line 23:
Delete "11.71.900(14),"
Page 87, line 30:
Delete "secs. 30 and 31"
Insert "secs. 33 and 34"
Page 87, line 31:
Delete "secs. 32 - 34"
Insert "secs. 35 - 37"
Page 88, line 5:
Delete "secs. 127 - 129"
Insert "secs. 130 - 132"
CHAIR MCGUIRE objected for discussion purposes.
SENATOR COGHILL told the committee that Amendment 6 was his
first attempt to address potency levels of marijuana. It inserts
a new paragraph (14) and amends the definition of "marijuana" to
include all parts of the plant with a THC concentration of up to
50 percent. He asked Mr. Schulte if the equivalency was
reasonable.
2:13:25 PM
MR. SCHULTE stated that he didn't have a copy of the amendment.
CHAIR MCGUIRE described how to access the amendments on BASIS
and advised that amendments 6 and 8 were related to potency.
2:14:58 PM
SENATOR COGHILL withdrew Amendment 6 to allow Mr. Schulte time
to access and review it.
2:16:00 PM
CHAIR MCGUIRE moved Amendment 7, labeled 29-LS0231\S.11.
29-LS0231\S.11
Martin
2/19/15
[CONCEPTUAL] AMENDMENT 7
OFFERED IN THE SENATE BY SENATOR MCGUIRE
TO: CSSB 30(JUD), Draft Version "S"
Page 26, line 8, following "place":
Insert ", and nothing in this paragraph prohibits
the consumption of marijuana in a public place under
the terms of a registration issued under
AS 17.38.090(c)"
Page 28, following line 28:
Insert a new bill section to read:
", Sec. 50. AS 17.38.090 is amended by adding a new
subsection to read:
(c) The board may issue a special event
registration that authorizes the consumption of
marijuana in a public place for persons over 21 years
of age under terms and conditions as set by the
board."
Renumber the following bill sections accordingly.
Page 29, line 17, following "transports":
Insert "or delivers"
Page 29, line 20:
Delete "or"
Page 29, line 22:
Delete "or"
Page 29, following line 22:
Insert new sub-subparagraphs to read:
"(vi) delivers or transports one ounce or less of
usable marijuana for remuneration; or
(vii) delivers or transports up to six immature
plants for remuneration; or"
Page 30, line 31, following "(1)":
Insert "is 21 years of age or older,"
Page 31, line 3, following "plants;":
Insert "or"
Page 31, lines 4 - 11:
Delete all material and insert:
"(B) possesses, purchases, displays,
delivers, or transports
(i) more than one ounce of usable marijuana in a
public place except when authorized by the terms of
registration issued under this chapter; or
(ii) more than six marijuana plants except when
authorized by the terms of registration issued under
this chapter;"
Page 31, line 18, following "marijuana":
Insert "; or
(3) is not a registered marijuana
establishment under this chapter or acting in the
person's capacity as an officer, agent, or employee of
the marijuana establishment and knowingly sells any
amount of marijuana"
Page 33, line 18:
Delete ", 17.38.210(a)(1)(B)(i),"
Page 88, line 5:
Delete "secs. 127 - 129"
Insert "secs. 128 - 130"
SENATOR COGHILL objected for discussion purposes.
AMY SALTZMAN, Staff, Senator Lesil McGuire, suggested the
committee adopt Amendment 7 conceptually, because it will change
somewhat if Amendment 6 is adopted and the definition of
"marijuana" is amended. The changes on page 29 clarify the
difference between "delivers" and "transports" in the context of
possession. The new sub-subparagraphs (vi) and (vii) on page 29
relate to remuneration for the delivery or transport of one
ounce or less of marijuana or up to six immature plants. This
was formerly a class B misdemeanor and that's been changed to a
class A misdemeanor because it seems to be a better fit. Page
31, lines 4-7, adds clarity to the issue of possessing. She
suggested that the drafter, Hilary Martin, could supplement the
explanation.
2:18:52 PM
SENATOR COGHILL asked if the essence of the new insert on page
31, lines 4-11, was to clarify that a person cannot transport or
possess more than one ounce of marijuana or six immature plants.
MS. SALTZMAN answered yes, and it also changes the delivery and
selling from a class B misdemeanor to a class A misdemeanor.
SENATOR COGHILL noted the amendment would need to be conceptual.
2:20:26 PM
SENATOR COSTELLO voiced support for a conceptual format.
SENATOR MICCICHE said he assumes the conceptual amendment in B
on line 17 ends at the word "place" and on line 19 ends at the
word "plants."
CHAIR MCGUIRE agreed and added that the part relating to public
place was changed in Amendment 3. Said Ms. Martin could clarify
that once she's online.
SENATOR COGHILL asked if there was a need to identify the plants
as mature.
MS. SALTZMAN suggested the committee consult with Ms. Martin
before specifying that.
CHAIR MCGUIRE asked Mr. Schulte if he heard the testimony on
Amendment 7.
2:22:39 PM
MR. SCHULTE said he didn't object to the amendment.
SENATOR MICCICHE asked if he was comfortable with the language
on page 2, line 4. It allows someone to deliver or transport up
to six immature plants, whereas the initiative says three of the
total six plants can be flowering or mature.
MR. SCHULTE said he didn't object.
2:24:49 PM
CHAIR MCGUIRE recapped that Ms. Martin will redraft Amendment 7
to ensure it's compatible with the previously adopted Amendment
3.
SENATOR COGHILL removed his objection to Amendment 7.
SENATOR MICCICHE reviewed the new sub-subparagraphs (vi) and
(vii) and asked the definition of remuneration.
MS. SALTZMAN offered her understanding that it refers to money.
SENATOR COGHILL noted that Amendment 9 will add the term barter
to address value.
SENATOR COSTELLO asked for clarification of the conceptual
amendment.
CHAIR MCGUIRE stated that the conceptual part of Amendment 7 is
where public place is referenced. Ms. Martin will marry those
with the previously adopted Amendment 3.
SENATOR COGHILL offered his understanding that the issue is
transportation, delivery, or display.
CHAIR MCGUIRE agreed.
MS. SALTZMAN added that the meaning of "possession" and "in a
public place" also needs clarification.
2:28:35 PM
CHAIR MCGUIRE noted that Ms. Schroeder brought it to their
attention that a person who is carrying marijuana could stop and
sit down and argue that they weren't transporting.
SENATOR MICCICHE asked why the amendment refers to six immature
plants when delivery and transport refers to three immature and
three mature plants.
2:29:35 PM
MS. SALTZMAN deferred to legislative legal to provide an
explanation.
CHAIR MCGUIRE pointed out that the bill defines misconduct
involving marijuana in the second degree as up to six immature
marijuana plants for remuneration.
SENATOR MICCICHE questioned the distinction.
CHAIR MCGUIRE asked Mr. Schulte if he could provide
clarification.
MR. SCHULTE said he believes the distinction is personal
cultivation versus trading or gifting plants to another person.
The nature of the homegrown process is that some plants will be
immature and some will be mature, whereas it could be argued
that a gifted mature plant could exceed the one ounce maximum.
He recommended maintaining the distinction.
SENATOR MICCICHE said he understands the explanation but his
preference is to simply say six plants, because identifying a
plant as mature is a judgment call. He said it almost makes more
sense to say less plants at full maturity so someone doesn't
have to judge when a plant becomes mature.
2:32:40 PM
CHAIR MCGUIRE asked Mr. Schulte if he had anything further to
add on the issue.
MR. SCHULTE said he believes the distinction is appropriate, and
he wasn't sure he could support a lesser quantity of plants
because of the language in the initiative.
SENATOR MICCICHE clarified that he wasn't suggesting fewer
plants; he was identifying a gray area.
CHAIR MCGUIRE reiterated that Amendment 7 is conceptual because
the public place language needs to fit with Amendment 3, which
redefined public place to a certain extent.
2:34:53 PM
CHAIR MCGUIRE found no further objection and announced that
Amendment 7 is adopted.
2:35:35 PM
SENATOR COGHILL moved Amendment 9, labeled 29-LS0231\S.13
29-LS0231\S.13
Martin
2/20/15
AMENDMENT 9
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 30(JUD), Draft Version "S"
Page 26, line 6, following "remuneration":
Insert "or barter"
Page 29, following line 4:
Insert a new bill section to read:
", Sec. 51. AS 17.38.120(c) is amended to read:
(c) Nothing in this chapter is intended to
permit the transfer of marijuana, with or without
remuneration or barter, to a person under [THE AGE OF]
21 years of age."
Renumber the following bill sections accordingly.
Page 31, line 8, following "remuneration":
Insert "or barter"
Page 31, line 10, following "remuneration":
Insert "or barter"
Page 88, line 5:
Delete "secs. 127 - 129"
Insert "secs. 128 - 130"
CHAIR MCGUIRE objected for discussion purposes.
SENATOR COGHILL said the amendment adds a new section to the
bill to include the term "barter" in AS 17.38.120(c).
2:36:27 PM
MR. SHILLING explained that the purpose of the amendment is to
broaden the concept of giving marijuana to a person without a
benefit. The term "or barter" is inserted after each occurrence
of remuneration and is intended to include an exchange of goods
and services. He said the term is used in the bribery statutes,
the fish and game statutes, and the alcohol statutes and it
seems appropriate to close a potential loophole that would allow
"me to give you marijuana in return for you plowing my
driveway."
2:37:48 PM
MR. SCHULTE stated opposition to the amendment on the basis of
the initiative and how it's written. If the idea is to remove a
loophole by which people make a business out of bartering
marijuana, the amendment doesn't achieve that because barter
isn't part of the black market industry.
SENATOR COGHILL asked if he thought the bill was sufficiently
clear that a person who was trading things could be held
accountable for transferring to somebody under age 21.
MR. SCHULTE stressed that he did not support delivering,
selling, or trading marijuana to anyone under age 21. The
concern is that inserting the terminology could broaden some
definitions that apply to transactions for people age 21 and
older.
2:40:38 PM
SENATOR MICCICHE observed that the amendment addresses two
issues. One is barter and making sure marijuana is not
transferred to people under age 21. The second is whether or not
to include barter following remuneration throughout the bill.
SENATOR COGHILL said he was trying to address a transaction that
wasn't cash.
2:41:34 PM
CHAIR MCGUIRE read the definition of remuneration in Black's Law
Dictionary.
SENATOR COGHILL said he was looking for clarity because it's a
misconduct question.
MR. SHILLING said the legal drafter opined that remuneration is
strictly a monetary gain, which is why the bribery statutes do
not use the term.
SENATOR MCGUIRE stated that she had no idea why the legislative
legal drafter was not available.
2:42:42 PM
SENATOR MICCICHE said it seems that bartering is only used in
the illegal application and he wasn't sure that the neighborly
conduct of exchanging marijuana for grass mowing wouldn't be
allowed.
SENATOR COGHILL said that's the intent and it's all under the
misconduct statutes.
SENATOR MICCICHE asked Mr. Schulte if that changed his view.
MR. SCHULTE said probably not because the term barter is so
broad it could be misinterpreted or used as an excuse for over-
zealous enforcement.
2:44:46 PM
SENATOR COGHILL said he understands the argument but he doesn't
know what it means to transfer without remuneration. If it's a
trade for value then it seems that it would be a violation, he
said.
CHAIR MCGUIRE clarified that this is for persons under 21 years
of age.
SENATOR COGHILL agreed and added that gifting and benefit
exchange needs to be clarified for the penalty section.
2:46:46 PM
SENATOR MICCICHE said he supports inserting "or barter" on page
29, which is clearly for transferring to a person under 21 years
of age, but he understands Mr. Schulte's concern extending it to
page 31, lines 8 and 10.
SENATOR COGHILL asked Mr. Shilling to talk about the value
question because it's a big deal in the penalty section.
MR. SHILLING said the intent was to deal with adding the term
"or barter" to AS 17.38.020, but the committee might want to
consider striking the areas that Senator Micciche expressed
concern with.
2:49:56 PM
At ease
2:51:41 PM
CHAIR MCGUIRE reconvened the hearing. She stated that Senator
Micciche has agreed to serve as a liaison to the finance
committee. He will work with Senator Coghill and the initiative
sponsors to carry forward any ideas that are ripe for
discussion.
2:52:29 PM
SENATOR COGHILL withdrew Amendment 9.
2:52:51 PM
SENATOR MICCICHE said he hopes that constituents recognize that
the committee is doing its best in a limited timeframe to meet
the expectations of the initiative.
CHAIR MCGUIRE stated that there is no intention to thwart the
will of the public, but it is complicated to meld an initiative
into existing law.
CHAIR MCGUIRE explained that Amendment 10 is the product of the
ongoing dialog about how to treat juveniles. The idea is to make
the marijuana statutes that relate to minors similar to the
alcohol statutes that relate to minors.
2:57:08 PM
CHAIR MCGUIRE moved Amendment 10.
29-LS0231\S.10
Martin
2/20/15
AMENDMENT 10
OFFERED IN THE SENATE BY SENATOR MCGUIRE
TO: CSSB 30(JUD), Draft Version "S"
Page 1, line 9, following "options;":
Insert "relating to delinquent minors;"
Page 32, line 16, following "$300.":
Insert "The court may reduce the fine to $50 for
a defendant under 18 years of age if the defendant
supplies proof of completion of a state-approved
marijuana education or treatment program to the court
within six months."
Page 33, line 9, following "AS 17.38.220 -
17.38.240.":
Insert "The supreme court, in establishing
scheduled amounts of bail under this section, may not
allow for disposition of an offense without court
appearance for a person under 18 years of age who is
cited for a violation of AS 17.38.220."
Page 76, following line 26:
Insert a new bill section to read:
", Sec. 137. AS 40.25.120(a) is amended to read:
(a) Every person has a right to inspect a public
record in the state, including public records in
recorders' offices, except
(1) records of vital statistics and
adoption proceedings, which shall be treated in the
manner required by AS 18.50;
(2) records pertaining to juveniles unless
disclosure is authorized by law; a record of a
conviction of a person under 18 years of age under
AS 17.38.220 is a juvenile record under this
paragraph;
(3) medical and related public health
records;
(4) records required to be kept confidential
by a federal law or regulation or by state law;
(5) to the extent the records are required
to be kept confidential under 20 U.S.C. 1232g and the
regulations adopted under 20 U.S.C. 1232g in order to
secure or retain federal assistance;
(6) records or information compiled for law
enforcement purposes, but only to the extent that the
production of the law enforcement records or
information
(A) could reasonably be expected to
interfere with enforcement proceedings;
(B) would deprive a person of a right to a
fair trial or an impartial adjudication;
(C) could reasonably be expected to
constitute an unwarranted invasion of the personal
privacy of a suspect, defendant, victim, or witness;
(D) could reasonably be expected to disclose
the identity of a confidential source;
(E) would disclose confidential techniques
and procedures for law enforcement investigations or
prosecutions;
(F) would disclose guidelines for law
enforcement investigations or prosecutions if the
disclosure could reasonably be expected to risk
circumvention of the law; or
(G) could reasonably be expected to endanger
the life or physical safety of an individual;
(7) names, addresses, and other information
identifying a person as a participant in the Alaska
Higher Education Savings Trust under AS 14.40.802 or
the advance college tuition savings program under
AS 14.40.803 - 14.40.817;
(8) public records containing information
that would disclose or might lead to the disclosure of
a component in the process used to execute or adopt an
electronic signature if the disclosure would or might
cause the electronic signature to cease being under
the sole control of the person using it;
(9) reports submitted under AS 05.25.030
concerning certain collisions, accidents, or other
casualties involving boats;
(10) records or information pertaining to a
plan, program, or procedures for establishing,
maintaining, or restoring security in the state, or to
a detailed description or evaluation of systems,
facilities, or infrastructure in the state, but only
to the extent that the production of the records or
information
(A) could reasonably be expected to
interfere with the implementation or enforcement of
the security plan, program, or procedures;
(B) would disclose confidential guidelines
for investigations or enforcement and the disclosure
could reasonably be expected to risk circumvention of
the law; or
(C) could reasonably be expected to endanger
the life or physical safety of an individual or to
present a real and substantial risk to the public
health and welfare;
(11) the written notification regarding a
proposed regulation provided under AS 24.20.105 to the
Department of Law and the affected state agency and
communications between the Legislative Affairs Agency,
the Department of Law, and the affected state agency
under AS 24.20.105;
(12) records that are
(A) proprietary, privileged, or a trade
secret in accordance with AS 43.90.150 or
43.90.220(e);
(B) applications that are received under
AS 43.90 until notice is published under AS 43.90.160;
(13) information of the Alaska Gasline
Development Corporation created under AS 31.25.010 or
a subsidiary of the Alaska Gasline Development
Corporation that is confidential by law or under a
valid confidentiality agreement;
(14) information under AS 38.05.020(b)(11)
that is subject to a confidentiality agreement under
AS 38.05.020(b)(12)."
Renumber the following bill sections accordingly.
Page 77, following line 31:
Insert a new bill section to read:
", Sec. 139. AS 47.12.030(b) is amended to read:
(b) When a minor is accused of violating a
statute specified in this subsection, other than a
statute the violation of which is a felony, this
chapter and the Alaska Delinquency Rules do not apply
and the minor accused of the offense shall be charged,
prosecuted, and sentenced in the district court in the
same manner as an adult; if a minor is charged,
prosecuted, and sentenced for an offense under this
subsection, the minor's parent, guardian, or legal
custodian shall be present at all proceedings; the
provisions of this subsection apply when a minor is
accused of violating
(1) a traffic statute or regulation, or a
traffic ordinance or regulation of a municipality;
(2) AS 11.76.105, relating to the possession
of tobacco by a person under 19 years of age;
(3) a fish and game statute or regulation
under AS 16;
(4) a parks and recreational facilities
statute or regulation under AS 41.21;
(5) AS 04.16.050, relating to possession,
control, or consumption of alcohol, except for conduct
constituting habitual minor consuming or in possession
or control under AS 04.16.050(d); [AND]
(6) a municipal curfew ordinance, whether
adopted under AS 29.35.085 or otherwise, unless the
municipality provides for enforcement of its ordinance
under AS 29.25.070(b) by the municipality; in place of
any fine imposed for the violation of a municipal
curfew ordinance, the court shall allow a defendant
the option of performing community work; the value of
the community work, which may not be lower than the
amount of the fine, shall be determined under
AS 12.55.055(c); in this paragraph, "community work"
includes the work described in AS 12.55.055(b) or work
that, on the recommendation of the municipal or
borough assembly, city council, or traditional village
council of the defendant's place of residence, would
benefit persons within the municipality or village who
are elderly or disabled; and
(7) AS 17.38.220, relating to misconduct
involving marijuana in the third degree."
Renumber the following bill sections accordingly.
SENATOR COGHILL objected for discussion purposes.
2:57:19 PM
NANCY MEADE, General Counsel, Administrative Staff, Alaska Court
System, described the amendment as a step toward the goal. She
said the court would have no problem reducing the fine to $50.
The court could also accommodate the supreme court bail schedule
that requires a court appearance for a person under age 18.
However, it would help law enforcement know which citation to
issue if there was a different statute for those under age 18
than for those over age 18. She said the next part of the
amendment probably wouldn't accomplish what is intended because
the Court System isn't subject to Title 40. The court would
honor the legislative intent to keep conviction records for
juveniles confidential, but the language she provided might be
more aligned with trying to keep juvenile cases off CourtView
without causing the consequential problems of having whole case
files confidential. She said she would also provide the language
to the group that is working on the underage drinking
violations.
3:01:14 PM
SENATOR COGHILL asked if the suggested language says that the
names of minors will be removed from CourtView once the case is
satisfied.
MS. MEADE answered yes; the suggestion was along the lines of
"shall not be published on a publicly available website after
the court proceedings are completed and the case is closed."
3:02:16 PM
DIANNE CASTO, Prevention Manager, Division of Behavioral Health,
Department of Health and Social Services (DHSS), pointed out
that the group that is rewriting the statutes on underage
drinking is looking at the same penalty for everyone under age
21, whereas for marijuana there appears to be a lesser penalty
for those who are age 18, 19, and 20 and a higher penalty for
those under age 18. She asked if she was reading that correctly.
MS. MEADE responded that is the case.
3:04:07 PM
CHAIR MCGUIRE withdrew Amendment 10 with the idea that Senator
Micciche would take the matter to the finance committee.
She noted that Senator Coghill had two amendments that address
concentration.
SENATOR COGHILL said Amendment 6 amends the definition of
marijuana by establishing a THC concentration of 50 percent and
Amendment 8 deals with grams of marijuana concentrate. He said
he was still trying to answer the question about potency and
value. He asked if Mr. Schulte had had a chance to review
Amendment 6.
3:07:53 PM
MR. SCHULTE said he couldn't support Amendment 6 because it
would be a fundamental change to the intent of the initiative
and could have negative unintended consequences for home users
of medical marijuana. He said he would concede that potency
varies between flower versus hash versus hash oil but he would
argue that that is what the initiative encompassed.
SENATOR COGHILL said he's sympathetic to that but his view is
that hash oil belongs under controlled substances. He asked if
there is a way to quantify it under a misconduct circumstance.
MR. SCHULTE asked if that was a question for him.
SENATOR COGHILL said yes; he was looking for guidance and
perhaps the best approach would be to move Amendment 8 and talk
about it.
CHAIR MCGUIRE asked if he wanted to withdraw Amendment 6.
[Amendment 6 was previously withdrawn.]
3:10:54 PM
SENATOR COGHILL moved Amendment 8, labeled 29-LS0231\S.
29-LS0231\S.1
Martin
2/17/15
AMENDMENT 8
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 30(JUD), Draft Version "S"
Page 29, line 20:
Delete "or"
Page 29, following line 22:
Insert a new sub-sub-paragraph to read:
"(vi) possesses more than five grams of
marijuana concentrate; or"
Page 30, line 3:
Delete "or"
Page 30, following line 5:
Insert a new sub-sub-paragraph to read:
"(vi) possesses more than five grams of
marijuana concentrate; or"
CHAIR MCGUIRE objected for discussion purposes.
SENATOR COGHILL explained that the amendment adds possession of
more than five grams of marijuana concentrate to the misconduct
statutes. This is a recognition of a difference in potency
between an ounce of marijuana and a similar quantity of
concentrate.
MR. SHILLING said this would be the legislature acknowledging
there is a difference between the concentrates and the flower,
just as there is a difference between beer and whiskey. "Common
sense tells us that the voters thought they were legalizing
marijuana and marijuana is considered, by most people, to be the
green leafy stuff." He said he did some math and tried to find
an equivalency based on different concentrations to come up with
the five gram amount. He noted that Alaska would be the first
jurisdiction with legal marijuana to restrict marijuana by
concentration.
3:14:30 PM
SENATOR MICCICHE said the committee has to evaluate the question
of the potency of an ounce versus the actual quantity of an
ounce, but he would caution not to make a statement about what
the voters intended when they voted for the initiative.
SENATOR COGHILL responded that the amendment tries to establish
corresponding values between a quantity of marijuana concentrate
and marijuana so the penalties can also correspond. For example,
the penalty for grand theft auto and scratching a car should not
be the same.
SENATOR MICCICHE asked Mr. Schulte if five grams of marijuana
concentrate is approximately equivalent to one ounce of
marijuana.
3:17:39 PM
MR. SCHULTE answered yes; between 4 and 5 grams of hash oil and
an ounce of good quality flower is probably a reasonable
correlation. He added that the preferred form of consumption
today is concentrates and he believes the informed voter
understood that and voted accordingly. "Again, I would support
the text of the initiative as it was written, as being what the
voters truly wanted," he said.
SENATOR MICCICHE asked if he was saying the initiative intention
was up to one ounce of marijuana concentrate or the potency
equivalency of one ounce of marijuana.
MR. SCHULTE replied he believes the intention was one ounce of
any of the marijuana products, whether it is flower, hash or
hash oil.
SENATOR COGHILL commented that is one reason why initiatives and
the committee process are different. He continued that he wanted
a thorough discussion of the issue but he wasn't necessarily
satisfied with the answers at this point.
3:20:02 PM
SENATOR COGHILL withdrew Amendment 8.
3:20:11 PM
CHAIR MCGUIRE moved Amendment 11, labeled 29-LS0231\S.14.
29-LS0231\S.14
Martin
2/19/15
AMENDMENT 11
OFFERED IN THE SENATE BY SENATOR MCGUIRE
TO: CSSB 30(JUD), Draft Version "S"
Page 28, following line 8:
Insert a new bill section to read:
", Sec. 50. AS 17.38.090 is amended by adding a new
subsection to read:
(c) The board shall adopt a regulation that
prohibits a retail marijuana store from selling more
than five grams of marijuana concentrate a day to a
customer."
Renumber the following bill sections accordingly.
Page 88, line 5:
Delete "secs. 127 - 129"
Insert "secs. 128 - 130"
SENATOR COGHILL objected for discussion purposes.
CHAIR MCGUIRE said it's as reasonable to regulate the sale of
marijuana concentrates as it is to regulate things like Sudafed
and Claritin D that are used in the production of
methamphetamine. This is a way of addressing Senator Coghill's
concerns and gives some discretion to the regulatory board.
MR. SCHULTY stated that he had no objection to the amendment.
CHAIR COGHILL withdrew his objection.
CHAIR MCGUIRE announced that without further objection,
Amendment 11 is adopted and the bill is before the committee.
She opened public testimony and asked testifiers to limit their
testimony to three minutes.
3:22:39 PM
GEORGE PIERCE, representing himself, Kasilof, Alaska, cited some
facts on cannabis including that it is not physically addictive,
does not lead to harder drugs, does not cause brain damage, and
does not cause a person to become violent. He stressed that
marijuana should be regulated like alcohol, not more
restrictive. He cited a study that concluded that while alcohol
appears to encourage risky driving, marijuana appears to elicit
caution in drivers. He urged the committee to stop listening to
people who don't know anything about marijuana and to stop fast-
tracking the bill.
3:27:15 PM
SENATOR MICCICHE requested a limitation on testimony.
3:27:33 PM
JAMIE RODGERS, representing herself, Fairbanks, Alaska,
suggested the definition of public place should accommodate
people who smoke pot when they're camping. She voiced concern
with licensing versus registration because there is a big
difference. She also disagreed with differentiating between
agriculture and manufacturing. "If you're going to be an
agricultural pot grower, you're going to need to dry it up; that
shouldn't be considered part of manufacturing," she said.
CHAIR MCGUIRE stated that the committee would be happy to
receive additional testimony by email.
3:30:51 PM
DON HART, representing himself, Wasilla, Alaska, said Senator
Micciche has demonstrated an intent to comply with the voters
when they passed the ballot initiative. He highlighted that the
bill does not make an exception for people who are treating
themselves with some form of medical marijuana, whether or not
they are under a doctor's care. This includes people under the
age of 21. He also took issue with the phrase "under the
influence" because there is no device that can determine whether
a person has used or is under the influence of marijuana. This
places a burden on law enforcement to make a subjective
determination and appears to attempt to legislate away what the
people approved.
CHAIR MCGUIRE encouraged the public to read all 90 pages of the
bill. She cautioned that people who only listen to a hearing
tend to believe that the bill only does a certain few things and
not others. For example, medical marijuana was a separate
initiative and is already addressed in statute. With respect to
the issue of driving while impaired, that is already illegal.
What the bill does is remove marijuana from the controlled
substance statutes and regulates it. The bill also says that
people age 21 and older can possess and transport marijuana
legally. "Overall for marijuana users, it's a better day in
Alaska," she said.
3:36:55 PM
RONDA MARCY, representing herself, Wasilla, Alaska, stated
objection to the section of SB 30 that prohibits the use of a
volatile gas. She said it is an industry standard to use gas and
it would be more in line with the ballot measure to allow people
to get it from a regulated and licensed business as opposed to
making it illegal for business entirely. She also objected to
the changed definition of marijuana. She said it's confusing and
the voters voted on making the leaves and flowering tops of the
plant legal.
MS. MARCY stated that the committee is moving so fast that she
and others who are testifying haven't gotten a chance to see the
amendments. This makes it hard to follow what the committee is
doing. She noted that she submitted written testimony to the
House committee and she would ask the LIO to distribute copies
to this committee.
CHAIR MCGUIRE explained that the committee adopted the
initiative definition for marijuana and amended it by removing
"stalks" and the word "salt" because the latter had fairly
dangerous connotations.
3:40:33 PM
VIRGINIA ESPENSHADE, representing herself, Homer, Alaska, said
she has been the executive director of the Kenai Peninsula Youth
Court for 19 years. Her comments are based on her experience
with misdemeanor marijuana cases for youth under age 18 referred
by the Division of Juvenile Justice and minor consuming alcohol
(MCA) cases referred by the district court. She explained that
under Title 4, parents must accompany youth under age 18 to the
district court proceedings regarding MCAs. Most judges use the
proceeding to help educate both the youth and parents about the
concerns about the youth's choices. If the youth is diverted to
youth court or a tribal program, the parents or guardians must
attend the diversion.
MS. ESPENSHADE said she can attest to barriers after an alcohol
conviction or a marijuana case that was diverted and resolved
through Youth Couth with no adjudication of record. Examples
included exclusion from the National Guard, nursing
certifications, and universities. She supports keeping the names
of minors off CourtView, but would caution that if the case
isn't confidential the names can appear in the newspaper. Even
if it isn't a criminal conviction, she has seen the records
close doors. She said she supports the idea of keeping MCA
convictions out of CourtView, or eventually removing them, and
believes the same approach would be appropriate for youth under
age 21 who use or possess marijuana. She suggested the committee
add community diversion panels to any sentencing provision
options similar to the language in AS 04.16.050.
CHAIR MCGUIRE asked Ms. Espenshade to stay in contact with
Senator Micciche's office. He is working on the Title 4 rewrite
and will be the judiciary committee's liaison to the finance
committee.
3:44:56 PM
CHAIR MCGUIRE closed public testimony and solicited a motion.
3:45:12 PM
SENATOR COGHILL motioned to report the CS for SB 30, as amended,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR MCGUIRE announced that without objection, CSSB 30(JUD) is
reported from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 30 Version S.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| CSSB30 Sectional.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB30 Amendment #2 Public.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB30 Version S Explanation of Changes.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Testimony MOA Feb20.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB30 Memo Senate Judiciary Committee re Colorado notwithstanding language.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #1 Coghill.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #2 Coghill.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #3 Coghill.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #4 Micciche.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #5 Costello.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #6 Coghill.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #7 McGuire.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB30 Amendment #8 Coghill.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB30 Amendment #9 Coghill..pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment # 10 McGuire.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |
| SB 30 Amendment #11 McGuire.pdf |
SJUD 2/20/2015 1:30:00 PM |
SB 30 |