Legislature(2019 - 2020)BARNES 124
03/06/2019 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Marijuana Control Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 6, 2019
3:18 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Adam Wool, Co-Chair
Representative Zack Fields
Representative Sara Hannan
Representative Louise Stutes
Representative Josh Revak
Representative Dave Talerico
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Marijuana Control Board
Vivian Stiver - Fairbanks
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
VIVIAN STIVER, Appointee
Marijuana Control Board
Alaska Department of Commerce, Community, & Economic Development
(DCCED)
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Marijuana
Control Board.
BRANDON EMMETT, President
Alaska Marijuana Industry Association (AMIA)
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
PAUL DISDIER, General Manager/Co-owner
The Fireweed Factory, LLC
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
LACEY HARRIS, Employee
Green Jar
Wasilla, Alaska
POSITION STATEMENT: Offered comments on the governor's
appointee to the Marijuana Control Board.
JO MCGUIRE, Senior Project Manager
TSS, Inc.
Colorado Springs, Colorado
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
RENEE SCHOFIELD, Owner/CEO
TSS, Inc.
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
DAVID LANNING, General Manager
Arctic Bakery, LLC
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
BRUCE CAMPBELL
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
LISA COATES, Owner
Urban Extracts
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
KAREN PERDUE
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
RICK HINKEY
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
CARY CARRIGAN, Executive Director
Alaska Marijuana Industry Association (AMIA)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
TIM STATON
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
DOLLYNDA PHELPS, Co-owner
Peace Frog Botanicals
Nikiski, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
EMILY NENON
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
FRANCIS DOUBRAVA, Employee
Green Valley Enterprises
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
STEPHANIE CROOKSHANKS, Future Employee
Peace Frog Botanicals
Nikiski, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
ANN BROWN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
CHERYL BOWIE
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
CALEB SAUNDERS, Co-owner/CEO
Green Jar
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
TINA SMITH, Owner
Midnight Greenery
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
VANESSA LISTON, Co-owner
Matanuska Medicine Woman, LLC
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
KATIE GOOD, Employee
Grateful Bud, LLC
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
DWIGHT HAAK
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
NANCY GRAFF
North Pole, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
CHELSEA FOSTER
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
GEORGE PIERCE
Kasilof, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
AARON RALPH, Owner
Alaska Cannabis Exchange
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
LOUIS WEAVER
Anchorage, Alaska
POSITION STATEMENT: Offered comments on the governor's
appointee to the Marijuana Control Board.
JIM OSTLIND
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
ANTHONY OLIVIERI, Employee
Matanuska Medicine Woman, LLC
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
ZALLMAN LISTON, Co-owner
Matanuska Medicine Woman, LLC
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
LYNETTE CLARK
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
VERNON SMITH, Co-owner
North Road Buds
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
DENNY HUMPHREY, Owner
High Tide Distributors
Nikiski, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
PATRICIA PATTERSON, Owner
High Bush Buds
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
RYAN TUNSETH, Owner
East Rip
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
LYNN SMITH, Co-owner
North Road Buds
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
KAREN LOWRY
Alaskan Blooms
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
KIM COLE
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
LUKE HOPKINS
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Ms. Stiver to the Marijuana Control Board.
BARBARA BARNES
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Ms. Stiver to the Marijuana Control Board.
ACTION NARRATIVE
3:18:22 PM
CO-CHAIR GABRIELLE LEDOUX called the House Labor and Commerce
Standing Committee meeting to order at 3:18 p.m.
Representatives Hannan, Stutes, Revak, Talerico, and LeDoux were
present at the call to order. Representatives Fields and Wool
arrived as the meeting was in progress.
^CONFIRMATION HEARING(S): Marijuana Control Board
CONFIRMATION HEARING(S): Marijuana Control Board
3:19:18 PM
CO-CHAIR LEDOUX announced that the only order of business would
be consideration of Vivian Stiver, the governor's appointee to
the Marijuana Control Board.
3:19:51 PM
[Missing audio from 3:19:51 p.m. to 3:23:04 p.m. due to
technical difficulties.]
3:23:22 PM
VIVIAN STIVER, Appointee, Marijuana Control Board, Alaska
Department of Commerce, Community, & Economic Development
(DCCED), introduced herself and highlighted her professional
experience. She mentioned that she had previously been a small
business owner and a legislative aide, as well as a member on
the Fairbanks City Council. She further stated that she was
committed and dedicated to assisting the public with navigating
government agencies in a manner that was courteous and
comprehensible. She thought this was important because the
public needed to be educated on marijuana-related issues. She
added that she had not heard any complaints about the marijuana
industry other than several issues in Fairbanks that were
readily taken care of through regulation. She concluded by
saying that education and process were important issues for the
Marijuana Control Board (MCB), and that the addition of a public
voice would only benefit the board.
3:25:43 PM
REPRESENTATIVE STUTES asked Ms. Stiver to elaborate on the
Fairbanks issues.
MS. STIVER revealed that Frozen Buds had an issue with the
product they were making and that there was an odor issue from a
cultivator, which was remedied after the city administered
several ordinances.
3:26:44 PM
CO-CHAIR WOOL inquired as to why the governor appointed Ms.
Stiver to serve on the Marijuana Control Board (MCB), Alcohol
and Marijuana Control Office, Department of Commerce, Community
& Economic Development.
MS. STIVER replied that she requested to be on the board.
CO-CHAIR WOOL questioned whether Ms. Stiver's choice to be on
the board was in further pursuit of her outspoken interest in
the marijuana industry.
MS. STIVER claimed that, although she did not vote [for Alaska
Marijuana Legalization, Ballot Measure 2 (2014) (Ballot Measure
2)] to legalize marijuana, her position was never against its
legalization. She asserted that, at the time, she didn't think
the city of Fairbanks was prepared to regulate the marijuana
industry, as there were no ordinances on the books.
3:30:45 PM
REPRESENTATIVE REVAK stated that, if Ms. Stiver were to be
appointed, there was concern from several business owners in his
community that they would have "an enemy on the board" who may
be "out to subvert the industry and the local existing
businesses." He asked if this would be true.
MS. STIVER stated that she had no hidden agenda against business
owners in the [marijuana] industry, adding that it was
performing and providing revenue. The regulation process, she
said, should serve both the public and the industry. She
maintained that, if appointed, she would purely be "a public
member who has a view that would be part of the discussion,"
adding that the discussion was not "let's make marijuana
illegal. That's not the discussion, it's not on the table, and
it hasn't been."
3:32:16 PM
REPRESENTATIVE STUTES questioned whether Ms. Stiver could truly
be impartial and not let her personal objections interfere with
her decision making on the board, especially after she
participated in a group that was publicly opposed to marijuana.
MS. STIVER reiterated that her position was never "never
marijuana." Her position, she said, was that they should watch
Colorado to see how they solve some of the problems they've
encountered. She maintained that Fairbanks was not ready for
legalization when Ballot Measure 2 passed. Nonetheless, she
claimed that she would have no problem setting aside her
personal views and representing businesses fairly.
3:34:11 PM
REPRESENTATIVE HANNAN asked for Ms. Stiver's stance on on-site
consumption.
MS. STIVER replied that on-site consumption rules had already
gone to the lieutenant governor's office to be signed into law;
therefore, her stance was irrelevant.
REPRESENTATIVE HANNAN noted that nothing in democracy was ever
final, adding that any issue could be revisited. She restated
her question to Ms. Stiver, asking if she supported on-site
consumption.
MS. STIVER replied that once the regulations went into effect,
she would have a more adequate answer.
3:36:16 PM
CO-CHAIR WOOL disclosed that he was an alcohol license holder
and must answer to the Alcoholic Beverage Control Board (ABC
Board), Alcohol and Marijuana Control Office, Department of
Commerce, Community & Economic Development, adding that, as an
industry member, he was happy that there were two industry seats
on that five-person board. He pointed out that Ms. Stiver's
seat on the MCB could be filled by either a public person or an
industry member because, at the boards inception, there were not
many industry members. He further noted that her seat was
previously filled by an industry member and wondered if the
industry would feel they had adequate representation with that
seat being filled by someone from the public. Representative
Wool concluded by asking Ms. Stiver if she thought the MCB
should parallel the ABC board by having two industry seats on
the five-person board.
3:38:26 PM
MS. STIVER opined that the makeup of the board was determined by
the legislature, adding that they already receive plenty of
input from the industry regardless of how many industry members
were on the board. She stated that, as a public member, she
would listen to any issues that people in the industry might
have with regulations that stifle their business.
CO-CHAIR WOOL asked if Ms. Stiver had patronized any marijuana
businesses since the inception of legalization.
MS. STIVER explained that she had toured a few stores and
received several offers to visit cultivators, but that was the
extent of her interaction. She asked Representative Wool to
clarify what he meant by "patronize."
CO-CHAIR WOOL restated his question, asking Ms. Stiver if she
had ever spent money in a marijuana establishment.
MS. STIVER replied that she was not a consumer.
3:40:44 PM
CO-CHAIR LEDOUX asked Ms. Stiver how she would vote if there was
an initiative to repeal marijuana.
MS. STIVER claimed that she would not vote for it.
CO-CHAIR LEDOUX questioned whether Ms. Stiver believed marijuana
was more or less dangerous than alcohol.
MS. STIVER stated that it depends on the individual.
CO-CHAIR LEDOUX asked if Ms. Stiver was responsible for the
statement, "It is a drug, there's no way around it. It's not a
glass of wine, it's not a shot of Jack Daniels, it's way more
powerful than that."
MS. STIVER replied that she did not know where that quote came
from and couldn't recall saying it.
3:42:44 PM
CO-CHAIR LEDOUX opened public testimony.
3:43:48 PM
BRANDON EMMETT, President, Alaska Marijuana Industry Association
(AMIA), stated that the MCB served an essential function in the
state of Alaska by ensuring that the marijuana industry operated
in the interest of the Alaskan people. He explained that while
establishing public health and safety is an essential duty of
the board, it must also make sure that the industry is afforded
the ability to create jobs, enhance commerce, and combat the
black market. He emphasized the importance of both experts and
industry representation on the board, adding that if a member of
the public was appointed, that individual should be well-versed
in both public and marijuana policy, as well as maintain an
objective view on the impact that marijuana has had on the
general public. He further noted that the makeup of the board
should reflect the attitudes of Alaskans towards the substance.
For those reasons, Mr. Emmett said he strongly opposed Ms.
Stiver's confirmation.
MR. EMMETT claimed that Ms. Stiver had cemented her position in
the Fairbanks community as a "staunch prohibitionist" and had
gone on record multiple times "to deride marijuana and its
effects as a scourge on our society." He added that she also
spread misinformation about the potential for drug drivers and
teen consumption, contrary to data provided by state agencies
such as the Colorado Department of Public Health and Environment
and the Alaska Department of Health and Social Services. He
described Ms. Stivers participation in a 2017 campaign known as
Safe Neighborhoods Fairbanks, through which she tried to
prohibit marijuana commerce and convince the populous that
marijuana was a dangerous drug. Mr. Emmett said that, since her
appointment, Ms. Stiver has altered her position, saying that
she started Safe Neighborhoods Fairbanks to buy the city more
time to properly regulate the substance, not to prohibit
marijuana. He explained that the marijuana industry has created
hundreds of jobs and generated much needed revenue,
accomplishments that would not have been possible had Ms. Stiver
been successful in her efforts. He then highlighted the
appointee's lack of knowledge regarding on-site consumption and
emphasized the need for public policy makers to be highly
educated on the issues they seek to tackle. Mr. Emmett
concluded by saying that, although he respected her right to
hold personal beliefs, Ms. Stiver has demonstrated a bias and
"lack of depth" on the subject matter, which is why he deemed
her unfit to serve on the MCB.
3:50:12 PM
CO-CHAIR WOOL asked if Mr. Emmett had patronized any marijuana
businesses since the inception of legalization.
MR. EMMETT confirmed that he was a marijuana consumer and noted
that he regularly patronized marijuana businesses.
CO-CHAIR WOOL wondered if, as an industry member, Mr. Emmett
would feel more comfortable if the MCB had two industry seats on
the five-person board like the ABC board's current makeup.
MR. EMMETT disclosed that, until a few days ago, he held one of
the industry seats on the MCB. He acknowledged that the MCB
should have two industry members so that they would stay in the
minority while still having solid representation. He explained
that if there was a situation where the industry was not
represented in a method that allowed them to get to at least a
3-2 vote that the industry could "suffer death by a thousand
cuts."
3:51:53 PM
REPRESENTATIVE STUTES asked for clarification on Mr. Emmett's
affiliation to the Alaska Marijuana Industry Association (AMIA).
MR. EMMETT stated that he was president of the statewide AMIA,
which represented approximately 50 businesses across the state.
3:52:24 PM
REPRESENTATIVE FIELDS inquired as to the percentage of marijuana
being sold legally versus illegally.
MR. EMMETT opined that the black market was alive and well,
adding that he was a member of many pro-marijuana Facebook pages
where, on any given day, you could go and seek out black market
marijuana. He stated that prices for black market cannabis and
legal cannabis were starting to align, which indicated that the
legal marijuana industry was starting to exert downward pressure
on the black market. Nevertheless, there was still a large
price disparity between legal concentrates and black market
concentrates, which was a presumed effect of the high marijuana
tax rates. Mr. Emmett pointed out that black market marijuana
was cheaper to process than legal marijuana, adding "there's a
lot of work that needs to be done." He expounded that the only
way to truly combat the black market was through a "robust,
legal, regulated industry."
3:54:17 PM
CO-CHAIR WOOL asked for clarification on the initial makeup of
the MCB at its inception.
MR. EMMETT explained that, at its inception, the MCB had no
industry members because there was no industry; however, when
17.38 [AS 17.38: The Regulation of Marijuana] was written, the
intent was to have one dedicated industry seat and one swing
seat that could be filled by either an industry member or public
person. He added that once the industry was functional, both
seats were supposed to be filled by industry members so that the
MCB mirrored the ABC board.
CO-CHAIR WOOL asked Mr. Emmett if he was an original member of
the MCB and if he was classified as industry. He also inquired
as to who held the swing seat at the time and whether they were
an industry member.
MR. EMMETT replied that, yes, he was one of the original five
members and that his seat had been listed as industry since the
board's inception. He noted that the other industry member was
Bruce Schulte.
CO-CHAIR WOOL questioned whether [Bruce Schulte] was technically
in the industry at the inception of the MCB.
MR. EMMETT stated that he was not.
3:56:32 PM
CO-CHAIR LEDOUX asked Mr. Emmett if he could recall when Ms.
Stiver made the statement about wanting to reconsider on-site
consumption regulations.
MR. EMMETT reported that it was in an Anchorage Daily News
article, adding that he could find the article online and
provide the testimony to the committee should they request it.
3:57:20 PM
REPRESENTATIVE TALERICO asked if the Fairbanks North Star
Borough had any regulations on the books when the initiative to
legalize marijuana passed.
MR. EMMETT stated that, when the initiative passed, there was
nothing on the books for planning and zoning in the North Star
Borough.
4:00:00 PM
PAUL DISDIER, General Manager/Co-owner, The Fireweed Factory,
LLC, emphasized that he strongly opposed the nomination of Ms.
Stiver to the MCB because of her lack of qualifications and
well-documented hostility towards the [marijuana] industry. He
claimed that she was the wrong choice to replace Brandon Emmett
on the board and hoped that the governor would pick someone with
a more balanced and moderate approach.
4:01:33 PM
LACEY HARRIS, Employee, Green Jar, stated that it would be
unwise to have a prohibitionist appointed to the MCB, adding
that it would misrepresent Alaskans' attitude towards the
marijuana industry.
4:02:34 PM
JO MCGUIRE, Senior Project Manager, TSS, Inc., noted that she
was a national subject matter expert on the impact of legal
marijuana on the workplace and had extensive experience helping
employers write their workplace policies in states that had
legalized marijuana. She mentioned that she met and worked with
Ms. Stiver five years ago and stated that she would be a
fantastic, non-biased addition to the MCB in the interest of
public health and safety.
4:04:08 PM
CO-CHAIR WOOL questioned whether Ms. McGuire had ever
participated in any anti-marijuana campaigns.
MS. MCGUIRE claimed that her stance had always rested on the
need to be prepared with established regulations. She said
that, out of concern for public health and safety, there should
be an impairment test for driving under the influence of
marijuana, noting that her background was in workplace drug and
alcohol testing. She added that the industry tended to label
that as prohibitionism.
CO-CHAIR WOOL restated his question. He asked whether Ms.
McGuire had ever participated in any anti-marijuana campaigns.
MS. MCGUIRE explained that she had never participated in a
formal anti-marijuana campaign, however, she had spoken on
behalf of a variety of campaigns regarding the impact of
marijuana on the workplace.
CO-CHAIR WOOL asked Ms. McGuire to clarify what her fulltime job
was.
MS. MCGUIRE said that she worked with TSS, Inc., which offered
workplace drug and alcohol testing. She further noted her
position as the founding chairman of the Board of Directors for
the National Drug and Alcohol Screening Association, as well as
Jo McGuire Inc, through which she spoke on the impact of legal
marijuana as a "subject matter expert."
CO-CHAIR WOOL sought to clarify Ms. McGuire's "day job." He
asked if it [TSS, Inc.] was a private, for-profit company that
tested people on the job for drugs or alcohol.
MS. MCGUIRE concurred. She described the range of services they
provide, including managing companies' drug and alcohol testing
programs, as well as "a variety of things in the safety sector
under OSHA [Occupational Safety and Health Administration]
requirements."
4:06:40 PM
REPRESENTATIVE STUTES questioned whether Ms. McGuire supported
the legalization of marijuana.
MS. MCGUIRE replied that she did not support legalization
because she believed that states didn't know enough about the
marijuana industry to regulate it appropriately.
4:07:38 PM
REPRESENTATIVE HANNAN inquired as to the development of drug and
alcohol tests that could indicate the timeframe of consumption
prior to testing.
MS. MCGUIRE explained that there was currently lab-based oral
fluid that detected any consumption that was done 6-24 hours
prior to testing.
REPRESENTATIVE HANNAN asked if someone would be considered
intoxicated if they consumed marijuana 24 hours before being
tested.
MS. MCGUIRE stated that it was highly variable and depended on
the individual, the product, and how much they consumed.
REPRESENTATIVE HANNAN questioned if the test would be able to
tell whether someone was intoxicated or if they just consumed.
MS. MCGUIRE clarified that the test would show recent
consumption, as there is no current test for impairment.
4:09:46 PM
REPRESENTATIVE REVAK questioned whether the oral fluid testing
was something that could be done by a public safety officer on
the road or if it required a lab.
MS. MCGUIRE explained that it was currently a lab-based cheek
swab.
REPRESENTATIVE REVAK inquired as to the cost for oral fluid
testing and others like it.
MS. MCGUIRE stated that the test cost around $65 but that it
varied. She noted that oral fluid was less invasive than blood
testing and gave the most accurate read of THC in the
bloodstream.
4:10:57 PM
REPRESENTATIVE WOOL asked Ms. McGuire if the occurrence of
people driving under the influence had increased since
legalization or if more people were just openly purchasing
[marijuana].
MS. MCGUIRE stated that impairment had gone up and referenced
several studies done in Colorado which showed that roughly 55-65
percent of admitted marijuana users drove within two hours of
consuming.
4:12:22 PM
CO-CHAIR LEDOUX asked where TSS, Inc. was headquartered and
questioned whether Ms. McGuire was a Juneau resident.
MS. MCGUIRE explained that TSS, Inc. was headquartered in
Ketchikan with an office in Juneau, adding that she worked out
of all the locations, but her residency was in Colorado.
CO-CHAIR LEDOUX asked Ms. McGuire if she thought oral fluid
testing had the potential to change marijuana policy.
MS. MCGUIRE replied that employers needed to reconsider their
"zero tolerance" mindset and get creative when it came to
policies so that they could keep people working. She stated
that oral fluid testing "could really change everything."
4:15:08 PM
RENEE SCHOFIELD, Owner/CEO, TSS, Inc., stated that she was in
support of Ms. Stiver's confirmation to the MCB because it was
time for the public to have a voice.
4:16:24 PM
CO-CHAIR WOOL offered his understanding that there was already
one public seat on the board. He asked if this was true.
MS. SCHOFIELD replied that she was unsure of the makeup of the
board.
4:17:07 PM
DAVID LANNING, General Manager, Arctic Bakery, LLC, emphasized
that he opposed the nomination of Ms. Stiver to the MCB because
she was underqualified and lacked knowledge about the marijuana
industry. He reiterated that industry members did not trust
her.
4:18:53 PM
BRUCE CAMPBELL stated that he was in support of Ms. Stiver's
confirmation to the MCB because she would be a good voice for
the public. He stated that he knew Ms. Stiver, adding that she
was well-informed on the topic and would be able to "work within
the regulatory and statutory process." He further described her
as calm, thoughtful, and someone who respected the integrity and
opinion of others.
4:19:51 PM
LISA COATES, Owner, Urban Extracts, emphasized that she strongly
opposed the nomination of Ms. Stiver to the MCB because she led
the fight against legalization in Fairbanks without taking the
time to educate herself on the industry. She explained that the
board should consist of people who understood the industry and
wanted to find a way to regulate it while keeping it sustainable
and upholding public safety. She added that having two industry
members helped, because they educated the other members and
brought them up to speed on the quickly growing and constantly
evolving marijuana industry. She pointed out that if an
industry seat were to be given to a public member, that person
should be a marijuana consumer.
4:21:34 PM
KAREN PERDUE, former commissioner of the Department of Health
and Social Services, referenced her 25 years in state government
and extensive experience with regulations and statutes, noting
that she did vote for the initiative [Ballot Measure 2]. She
emphasized the need for a public member on the MCB, adding that
there were many meetings where only one or two members of the
public were present. Ms. Perdue maintained that, although
"there are things that have been done very well," the public
still had questions about how this industry was developing. In
conclusion, she said she supported Ms. Stiver, and offered her
belief that the board didn't operate as transparently as it
should in developing regulations.
4:22:53 PM
RICK HINKEY stated that he was in support of Ms. Stiver's
confirmation to the MCB because she would bring a different
perspective to the board and represent the public in an honest
way. He emphasized the need for a more balanced perspective,
better dialogue, and more clarity in the regulations.
4:24:05 PM
CARY CARRIGAN, Executive Director, Alaska Marijuana Industry
Association (AMIA), stated that the AMIA was adamantly opposed
to the nomination of "a prohibitionist like Ms. Stiver" to the
MCB. He pointed out that Mark Springer was a public official
who served as the chair of the MCB, Loren Jones was an
assemblyman in Juneau who currently held the medical seat, and
the public safety seat was held by someone who served as a
public safety official; therefore, people who thought there was
no public opinion available on the board were mistaken. Mr.
Carrigan opined that the board was well-balanced when it had two
industry seats. He concluded by saying that appointing Ms.
Stiver to the MCB would not add any more public testimony to the
board than it already had. Everyone is welcome to participate
in that process and ask questions telephonically.
4:25:26 PM
TIM STATON remarked that he was in support of Ms. Stiver's
appointment to the MCB because she was fair and just, as well as
well-educated on issues related to marijuana. He opined that
the public needed to be educated on the industry and Ms. Stiver
should be the one to do that.
4:26:56 PM
DOLLYNDA PHELPS, Co-owner, Peace Frog Botanicals, stated that
Ms. Stiver had demonstrated a biased, lack of knowledge on the
subject matter, which is why she was unfit to serve on the MCB.
She added that the board needed more industry representation.
4:28:43 PM
EMILY NENON read the MCB's mission statement, emphasizing "clear
consistent standards to protect the public from harm." She
stated that, after sitting through hours of MCB meetings, she
had seen a lack of transparent public process and a lack of
clear consistent standards. She added that it was time for the
public's interest to be represented in that public seat.
4:29:52 PM
FRANCIS DOUBRAVA, Employee, Green Valley Enterprises, urged the
committee to reconsider replacing a seat currently held by an
industry member with a "known prohibitionist." He stated that,
by appointing Ms. Stiver to the board, it would be unfairly
stacked against the forward development of the [marijuana]
industry. He remarked that Ms. Stiver had already demonstrated
an unquestionable bias, adding that if a public person was to be
placed on the board, that person should consume cannabis or be
knowledgeable about the marijuana industry.
4:30:38 PM
STEPHANIE CROOKSHANKS, Future Employee, Peace Frog Botanicals,
stated that she was opposed to the appointment of Ms. Stiver to
the MCB, adding that Alaska would be taking a step back by
appointing a prohibitionist to the board.
4:31:29 PM
ANN BROWN voiced her support for the confirmation of Ms. Stiver
to the MCB. She stated that she had always known her to be a
fair-minded person and that she had never heard Ms. Stiver
describe herself as a prohibitionist.
4:32:30 PM
CHERYL BOWIE stated that she strongly opposed the appointment of
Ms. Stiver to the MCB, not necessarily because of her stance,
but because the board needed "regulatory entrepreneurs" who
would support the industry with a more balanced and moderate
approach. She urged the committee members to continue the
search.
4:33:42 PM
CALEB SAUNDERS, Co-owner/CEO, Green Jar, made an analogy between
appointing Ms. Stiver to the MCB and appointing a People for the
Ethical Treatment of Animals (PETA) advocate to the Board of
Game, Boards Support Section, Department of Fish and Game. He
explained that he strongly opposed the appointment of Ms. Stiver
to the MCB because having a dissenting opinion did not qualify
her to hold a seat on the board.
4:35:01 PM
TINA SMITH, Owner, Midnight Greenery, stated that she took the
appointee on a tour of several marijuana-related businesses in
Anchorage and, during that time, was able to ask Ms. Stiver
questions regarding her knowledge of the industry and her stance
on legal marijuana. She explained that Ms. Stiver's response
demonstrated a lack of knowledge on Alaska's marijuana
regulations and that Ms. Stiver had not spent any time in an MCB
meeting. For this reason, she opposed Ms. Stiver's appointment.
4:36:25 PM
VANESSA LISTON, Co-owner, Matanuska Medicine Woman, LLC,
explained that she opposed the appointment of Ms. Stiver to the
MCB, referring to her inability to answer a previous question
regarding on-site consumption. She opined that members on the
board should be transparent so that the industry could progress.
4:37:44 PM
KATIE GOOD, Employee, Grateful Bud, LLC, stated that she opposed
the confirmation of Ms. Stiver to the MCB, adding that she was
confused by Ms. Stiver's request to serve on the board based on
her past actions.
4:38:28 PM
DWIGHT HAAK communicated his opposition to Ms. Stiver's
appointment to the MCB. He explained that the industry was
making it known that "we don't want her." He referenced Ms.
Stiver's response to a previous question about repealing
marijuana, adding that he would like her to give a clear answer.
4:39:59 PM
NANCY GRAFF voiced her support for the confirmation of Ms.
Stiver to the MCB. She stated that Ms. Stiver was a fair-minded
person who would bring balance to the board.
4:40:32 PM
CHELSEA FOSTER voiced her opposition to Ms. Stiver's
confirmation. She mentioned the need for another industry
member to hold a seat on the MCB because there were already
three board members who represented the public.
4:41:41 PM
GEORGE PIERCE stated that he opposed the appointment of Ms.
Stiver to the MCB because she had been a critic of marijuana
businesses and would not fairly represent the voice of the
people. He referenced an alleged Facebook post made by Ms.
Stiver that mentioned her desire to fight cannabis until she was
90 years old, adding "that should tell it all."
4:42:53 PM
AARON RALPH, Owner, Alaska Cannabis Exchange, noted that he was
on the board for the Anchorage Cannabis Business Association and
a national educator on the endocannabinoid system and
"everything cannabis related." Mr. Ralph further stated that he
strongly opposed the confirmation of Ms. Stiver to the MCB,
adding that the industry needed more representation on the board
"in order for the educative process for them to continue."
4:43:56 PM
LOUIS WEAVER mentioned the need for two industry seats on the
MCB because there were already three board members who were
representing the public. He pointed out that he would much
rather have exposure to marijuana than alcohol in the work place
and reflected on his experience with the black market in 1963.
4:45:12 PM
JIM OSTLIND voiced his support for Ms. Stiver because of the
need for board members who would exercise a "healthy skepticism"
of the industry's claims regarding the benefits of their
products, the safety of use, the effectiveness of untested and
unproven medical products, and claim that marijuana was not
addictive.
4:46:23 PM
ANTHONY OLIVIERI, Employee, Matanuska Medicine Woman, LLC,
opined that appointing Ms. Stiver to the MCB would be
counterproductive to the progression of the industry, adding
that her lack of knowledge on the subject would undermine her
position on the board.
4:46:59 PM
ZALLMAN LISTON, Co-owner, Matanuska Medicine Woman, LLC, stated
that he opposed the appointment of Ms. Stiver to the MCB. He
emphasized the need for industry leaders that would help shape
the future of the industry in the right direction rather than
create more roadblocks and more complications.
4:47:53 PM
LYNETTE CLARK reported that she strongly opposed the appointee's
confirmation to the MCB, adding that Ms. Stiver was biased and
had a long history of opposition to the industry.
4:49:18 PM
VERNON SMITH, Co-owner, North Road Buds, stated that he was
strongly opposed to the confirmation of Ms. Stiver because the
industry wanted someone who would follow through on promises of
more jobs, increased state and city tax revenues, and work to
eliminate black market transactions. He added that if Ms.
Stiver was appointed to the board, the opposite would happen.
He pointed out that nothing is wrong with appointing a member
who would question and challenge the cannabis industry; however,
someone with personal animosity and a documented history of
intentionally spreading misinformation to push her agenda was
not the person for the job. Mr. Smith concluded by emphasizing
that the board needed someone who was educated on the industry
instead of an "extreme prohibitionist, who she is."
4:50:28 PM
DENNY HUMPHREY, Owner, High Tide Distributors, voiced his
concern about Ms. Stiver's "staunch prohibitionist stance" and
her lack of knowledge on cannabis and the industry she would be
regulating.
4:51:25 PM
PATRICIA PATTERSON, Owner, High Bush Buds, stated that she
opposed the confirmation of Ms. Stiver because whoever held that
seat would be making future regulations and future enforcement
decisions, adding that Ms. Stiver has shown that she does not
believe in the legal marijuana industry in Alaska which is why
she is unfit to serve on the board.
4:52:35 PM
RYAN TUNSETH, Owner, East Rip, emphasized the need for the
makeup of the MCB to mirror the ABC board, with two seats going
to industry members. He pointed out that Ms. Stiver was an
"active prohibitionist" and an "outlier" who should not be
confirmed because her judgement was at risk of being "unduly
influenced by secondary interest." He noted that Ms. Stiver has
earned the prohibitionist label from her past actions.
4:53:43 PM
LYNN SMITH, Co-owner, North Road Buds, opposed the appointment
of Ms. Stiver because she would be a setback to the marijuana
industry. She opined that Ms. Stiver's views and ideologies
were not consistent with the people of Alaska who voted for
legalization. She pointed out that the industry needed
representation on the MCB.
4:54:18 PM
KAREN LOWRY, Alaskan Blooms, stated that the board seat to which
Ms. Stiver had been appointed is a critical one. She offered
her belief that it needed to be filled by someone who was
objective and understood the regulations and the industry,
adding that Ms. Stiver's position was prohibition, which made
her unfit to serve on the MCB.
4:56:15 PM
KIM COLE stated that she opposed Ms. Stiver's confirmation
because of all the reasons mentioned by previous testifiers.
4:56:52 PM
LUKE HOPKINS asked the committee not to confirm the appointment
of Ms. Stiver to the MCB. He explained that he decided to call
in after listening to her testimony, adding that in his past 6
years' experience as [former] mayor of the Fairbanks North Star
Bureau he dealt with over 600 individual appointments to
commissions and boards and he would never have moved an
appointee forward with such a negative position on the issue at
hand.
4:58:29 PM
BARBARA BARNES stated that Ms. Stiver would be an asset to the
MCB because she could navigate her way around the legislature
and was familiar with laws and regulations. She noted that Ms.
Stiver would be a good representative of people who voted in
favor of legalizing marijuana but didn't necessarily want it to
be an industry.
4:59:49 PM
CO-CHAIR LEDOUX closed public testimony.
5:00:05 PM
The committee took an at-ease from 5:00 p.m. to 5:01 p.m.
5:01:25 PM
CO-CHAIR LEDOUX noted that the committee would hear from Ms.
Stiver again on Monday March 11, 2019.
5:01:43 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
[5:02] p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Vivian Stiver_Redacted.pdf |
HL&C 3/6/2019 3:15:00 PM |
Vivian Stiver |
| Vivian Stiver Confirmation - Support Letters.pdf |
HL&C 3/6/2019 3:15:00 PM |
|
| Vivian Stiver Confirmation - Opposition Letters.pdf |
HL&C 3/6/2019 3:15:00 PM |
|
| Marijuana Industry Assocation back up in Opposition of Vivian Stiver Confirmation.pdf |
HL&C 3/6/2019 3:15:00 PM |
|
| Additional back up from the Marijuana Industry Association.pdf |
HL&C 3/6/2019 3:15:00 PM |