Legislature(2015 - 2016)BUTROVICH 205
02/03/2015 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Continuing Discussion of the Implementation of Ballot Measure No. 2 (13psum) - an Act to Tax and Regulate the Production, Sale, and Use of Marijuana" | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 3, 2015
9:02 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONTINUING DISCUSSION OF THE IMPLEMENTATION OF BALLOT MEASURE
NO. 2 (13PSUM) - AN ACT TO TAX AND REGULATE THE PRODUCTION~
SALE~ AND USE OF MARIJUANA"
PREVIOUS COMMITTEE ACTION
See State Affairs minutes 1/22/15, 1/27/15, and 1/29/15
WITNESS REGISTER
JAY C. BUTLER, MD
Chief Medical Officer, and Director
Division of Public Health
Alaska Department of Health and Social Services
Anchorage, Alaska
POSITION STATEMENT: Provided a medical perspective on marijuana.
JEFF ROGERS, Manager
Division of Administrative Services
Alaska Department of Environmental Conservation
Juneau, Alaska
POSITION STATEMENT: Explained the Department of Environmental
Conservation's oversight for marijuana production.
ELAINE BUSSE FLOYD, Director
Division of Environmental Health
Alaska Department of Environmental Conservation
Anchorage, Alaska
POSITION STATEMENT: Explained the Department of Environmental
Conservation's oversight for marijuana production.
MAJOR DENNIS CASANOVAS, Deputy Director
Division of Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Detailed marijuana criminal enforcement by
the Alaska State Troopers.
CYNTHIA FRANKLIN, Executive Director
Alcoholic Beverage Control Board
Department of Commerce, Community, and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Explained the Alcoholic Beverage Control
Board's involvement and oversight for marijuana licensing.
ACTION NARRATIVE
9:02:12 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Wielechowski, Coghill, Huggins, and Chair
Stoltze.
^Continuing Discussion of the Implementation of Ballot Measure
No. 2 (13PSUM) - An Act to Tax and Regulate the Production,
Sale, and Use of Marijuana"
Continuing Discussion of the Implementation of Ballot Measure
No. 2 (13PSUM) - An Act to Tax and Regulate the Production,
Sale, and Use of Marijuana"
9:02:34 AM
CHAIR STOLTZE announced that the committee is continuing its
discussion about seeking some direction on the citizen's
initiative that was approved by the voters on November 4, 2014.
9:05:01 AM
JAY C. BUTLER, MD, Chief Medical Officer, and Director, Division
of Public Health, Alaska Department of Health and Social
Services (DHSS), Anchorage, Alaska, noted that he provided
testimony the previous week on the health effects of the
recreational use of marijuana.
CHAIR STOLTZE asked Dr. Butler to review the recommendations he
submitted to the committee.
DR. BUTLER addressed what the legalization of marijuana means
for policy development and implementation with regard to public
safety and public health. He noted that Alaska can learn from
Colorado and Washington regarding how marijuana "edibles" are
prepared and marketed. The states' allowed Tetrahydrocannabinol
(THC) concentrations in edibles are very high with a fairly
vague definition for "serving;" THC serving sizes have been
reported to be as high as 200 milligrams in a single cookie. He
disclosed that an appropriate THC serving size is somewhere in
the range of 5 to 10 milligrams, a range that a feeling of
intoxication begins.
He stated that packaging is also of concern. He revealed that
packaging with humorous connotations confuses children when
logos are almost identical to other commercial products. He
stated that sometimes edible products really seem to be marketed
to children where brightly colored packages can look like candy,
particularly for a child who cannot read or is grabbing a snack
in a hurry. He asserted that marijuana edibles are best
addressed by defining a serving size in addition to identifying
child-proof containers that have limited quantities or a single
serving. He stated that he has no recommendation whether one of
those approaches is better than the other.
9:08:14 AM
CHAIR STOLTZE noted that dosage is an issue where the
initiative's sponsor indicated that safety regulation was an
appropriate role for the state. He asked how dosage is supposed
to be determined if the Alaska Department of Environmental
Conservation (DEC) cannot provide recommendations because
marijuana is an illegal product on the federal level. He
inquired how dosage will be determined if state entities that
are constitutionally responsible to protect public health and
the regulation do not provide guidance. He asked if the Governor
should come out with a dosage recommendation or if the
Commissioner of the Department of Health and Social Services
should provide some guidance. He noted that he verified that the
state has a constitutional responsibility and the departments
that were created are given that charge.
9:09:12 AM
SENATOR MCGUIRE joined the committee meeting.
DR. BUTLER responded that the dosage question is fairly complex.
He asserted that data and science indicates that a smaller
dosage range is an appropriate serving. He said identifying who
would actually do the product testing to document what is
claimed is not an easy question. He added that one of the
department's sister agencies indicated that testing resources
are not currently present due to shrinking resources. He stated
that packaging with labeling and dosage identification is
important.
CHAIR STOLTZE noted that his comment was not a singular request
to Dr. Butler, but rather a broadcast message to other agencies
and the Governor's office. He said the committee is trying to
get regulatory assistance to draw the fine lines that direct
traffic. He asserted that the state gets one shot at regulation.
He pointed out that alcohol is government regulated and
monitored. He summarized that the Legislature needs more
involvement and direction from the Administration before the
Legislature can move forward with confidence.
9:13:19 AM
SENATOR MCGUIRE commented that there is a right to privacy in
the Alaska Constitution for personal use in the privacy in your
own home under the Ravin Act. She noted that for public health
and public safety reasons, marijuana has been regulated as a
controlled substance and now the state is moving into an area
that is a little bit murkier. She asserted that Dr. Butler's
testimony and work is going to be very important to the
Legislature regarding the state's compelling interest for a
right to privacy. She pointed out that any modifications made to
the initiative with respect to minors, public consumption, and
dosages will be subject to legal challenge. She said a court of
law is going to look specifically at Dr. Butler's testimony as
the Chief Medical Officer and to the data that the committees
collect to see whether or not that test has been met. She
asserted that she is only interested in regulating individual
adult rights up to the place where a person's individual liberty
begins to ebb into someone else's, a point that she will
determine from medical and health data.
SENATOR COGHILL noted that dosage is a big deal in Colorado and
Washington. He said the Legislature will continue to address
what a dosage means as well as proper packaging and legible
labeling. He asked Dr. Butler if he has given some consideration
to a symbol that might indicate the dosage. He noted that
alcohol uses "proof" to identify the percentage of alcohol.
9:16:32 AM
DR. BUTLER answered that there are a number of proposals and he
has no recommendation in terms of what may be best. He agreed
that going the direction of a recognizable logo is the direction
to take fairly quickly, even though there may not be a lot of
data regarding logo recognizability and communication.
SENATOR COGHILL said the Legislature will look to the Division
of Public Health for assistance. He noted that Dr. Butler gave a
clear recommendation on impairment levels and remarked that DEC
and other regulatory agencies might be able to assist with the
dosage symbol. He reiterated that a dosage symbol will identify
a healthy dosage level that is similar to alcohol using "proof"
to indicate alcohol percentage. He said dosage identification
sends a clear signal, especially to people under 21.
9:18:06 AM
CHAIR STOLTZE thanked Senator Coghill and stated his
appreciation for Senator McGuire's references regarding the
importance of the public record. He pointed out that the
marijuana industry advocates have not just suggested, but
promised lawsuits. He asserted that prior to moving the bill
through all of the committees, there ought to be some clear
public record about the suggested warnings and not strictly on
the regulatory process. He opined that the public has an
expectation for the Legislature to get marijuana regulation
right irrespective of the complexities.
He asked for confirmation that Dr. Butler has not been given
authority by the Administration to speak on all of the policy
aspects of marijuana with recommendations.
DR. BUTLER agreed that was a fair assessment.
CHAIR STOLTZE stated that the committee will take Dr. Butler's
testimony as DHSS's medical testimony with some of the
highlighted concerns. He asked Dr. Butler to verify that he is
not prepared to make policy recommendations at this time and
somebody else probably will.
DR. BUTLER clarified that DHSS has a mandate from the electorate
to implement the voter initiative. He added that there are a lot
of details to sort out so that an appropriate balance is
maintained between access to legal marijuana and protecting
public safety and public health.
9:20:50 AM
JEFF ROGERS, Manager, Division of Administrative Services,
Alaska Department of Environmental Conservation (DEC), Juneau,
Alaska, introduced himself.
CHAIR STOLTZE called attention to previous testimony that DEC is
fully capable of regulating marijuana's food safety aspects, but
noted that drug content provides DEC with a conundrum.
MR. ROGERS explained that DEC's challenge is whether or not
marijuana is a food, drug, or both. He said if marijuana is a
drug, DEC would probably have next to nothing to do with
regulation. If marijuana is a food, it would fall within DEC's
existing regulatory regime. He said given that marijuana will be
some part both food and drug, or a drug additive to food,
marijuana is replete with regulatory challenges for DEC.
CHAIR STOLTZE asked if DEC has the testing facilities and what
is the fiscal impact for DEC to provide the oversight to
regulate marijuana as a drug or infused product.
9:22:48 AM
MR. ROGERS deferred to Director Busse Floyd to address the
question.
CHAIR STOLTZE stated that his question will not be answered
today and noted his expectation that DEC will huddle as a
department to address it later.
MR. ROGERS asserted that DEC's Environmental Health Laboratory
(EHL) can perform or certainly has the expertise with the proper
equipment to perform the necessary testing on marijuana as a
product. He added that DEC has an agency that can act as a
referee lab for certifying private laboratories. He pointed out
that DEC Commissioner Hartig explained in a recent letter to the
committee that EHL has an official governmental capacity that
normally looks toward standards that have been adopted by other
government agencies, the federal government, or by a commonly
accepted scientific practice for certifying to a standard. He
pointed out that marijuana standards do not exist so DEC would
be developing a scientific standard for marijuana testing.
CHAIR STOLTZE asked Mr. Rogers if he was comfortable with
outsourcing a health related issue to private labs.
MR. ROGERS replied that he does not have any particular
recommendation from the department.
CHAIR STOLTZE stated that testing should be addressed by DEC.
MR. ROGERS noted that private testing labs in the state do a lot
of testing on air, water, and other materials that are regulated
by DEC. He stated that DEC and EHL do not have any interest in
filling a role that private industry can fill. He revealed that
EHL certifies private laboratories with the knowledge that
results are reliable and scientifically accurate.
CHAIR STOLTZE asked that DEC define its position as to whether
the Administration wants to outsource the health and safety
testing to the industry itself. He asserted that DEC's role is
an important policy consideration.
9:25:50 AM
MR. ROGERS agreed.
SENATOR COGHILL called attention to a letter from DEC that
addressed a regulatory scheme for marijuana. He pointed out that
DEC will have to address policy matters on inspection, time
frames, sanitary growing, and if there are discharges from a
growing field. He stated that DEC is basically dealing with a
whole new manufacturing industry for its food service issues. He
remarked that DEC will be working closely with the Alcoholic
Beverage Control (ABC) Board on regulations.
MR. ROGERS replied that DEC is definitely participating in the
workgroup led by the ABC Board's Cynthia Franklin. He stated
that Ms. Franklin is an expert that is leading the regulatory
effort. He opined that as more becomes clear for the working
group, DEC will be able to offer more to the committee on
specific legislation.
SENATOR COGHILL said DEC will be asked to come back and address
how it expects to inspect facilities and regulate possible
discharge.
CHAIR STOLTZE asked for a closing statement.
MR. ROGERS stated that Director Floyd may have some comments
about food safety and the lab.
CHAIR STOLTZE remarked that he believes the committee has a
handle on food safety.
SENATOR COGHILL asked how the potency levels of edibles will be
measured. He encouraged DEC to work with the Division of Public
Health to come up with a way to clearly indicate potency levels
in edibles. He said he is concerned that people will have a
problem reading the fine print on packaging. He pointed out that
alcohol clearly and legibly indicates potency levels with the
term "proof."
9:29:33 AM
CHAIR STOLTZE pointed out that the Administration and the
state's public health entities must determine and explain why
potency levels and dosages are appropriate. He said there is
going to be litigation and having a clear public record of what
is driving potency levels and dosages are not arbitrary numbers.
He remarked that creating an arbitrary number would not be
responsible. He said he does not want to guess just because
Colorado has 10 milligrams. He asked that DEC and the Division
of Public Health provide a clear record in writing on why public
safety and health standards were set, especially for public
awareness.
SENATOR MCGUIRE added that the Senate Judiciary Committee is
addressing the term "edible" in the marijuana criminal bill, a
concern that has been expressed by Cynthia Franklin and by the
public. She asked that the working group provide refined
testimony on specific concerns about edibles and what will be
helpful to include in its definition.
9:32:48 AM
CHAIR STOLTZE announced that the committee will not just rely on
the testimony of state agencies. He said the marijuana industry
as well as the public will certainly weigh in. He asserted that
public testimony will be a robust part of the process. He noted
that the committee requires a bill for public testimony. He said
taking public testimony prior to a bill would be unfair.
9:34:36 AM
ELAINE BUSSE FLOYD, Director, Division of Environmental Health,
Alaska Department of Environmental Conservation, Anchorage,
Alaska, stated that Mr. Rogers has done a terrific job in
summing up DEC's concerns and capabilities. She explained that
DEC is working closely with fellow state agencies to carve out
different roles. She asserted that DEC is very capable in
handling food safety and processed food inspections. She pointed
out that certifying commercial laboratories addresses DEC's
ability or necessity to actually be the tester. She remarked
that private labs are new commerce and a great opportunity. She
noted that Colorado and Washington do not test, but certify
private labs to do the potency testing. Both states started with
potency testing and slowly worked towards testing microbial,
residual solvents, and metals. She revealed that Colorado has
approximately 15 private labs and noted the necessity to drive
product to the testing labs. She pointed out that transporting
product for testing will be a big challenge in Alaska.
CHAIR STOLTZE asked her to clarify that the transportation issue
was a federal obstacle or requirement.
MS. BUSSE FLOYD responded that she agreed.
CHAIR STOLTZE reiterated that the transportation issue is not a
roadblock that the Legislature is putting up through state
regulations or statutes.
9:37:30 AM
MS. BUSSE FLOYD summarized that meetings are scheduled between
DEC and the ABC Board, allowing for DEC to specify its role and
make recommendations.
CHAIR STOLTZE pointed out that DEC's challenge is working within
the department to prepare a preliminary fiscal commentary of
what DEC believes the costs will be. He asserted that even with
outsourcing, DEC will have department costs.
MS. BUSSE FLOYD replied that DEC can do what Chair Stoltze
requires.
SENATOR HUGGINS called attention to the possibility for a
cleanup fund for the marijuana industry.
MS. BUSSE FLOYD replied that there are a lot of ways funding
could be used.
SENATOR HUGGINS pointed out that an added tax is used in the
petroleum industry to address cleanup, a concept that might have
to be considered for marijuana.
CHAIR STOLTZE noted that Senator Huggins' suggestion sounds like
an impact fund. He asked who the members are for the working
group.
9:41:24 AM
MS. BUSSE FLOYD detailed that the group consists of Lacey Wilcox
from the Governor's office, Cynthia Franklin, Major Dennis
Casanovas, several people from the Department of Revenue, Dr.
Butler, and herself.
CHAIR STOLTZE asked that the committee receive a working group
members list. He inquired if the working group meetings are open
to the public.
MS. BUSSE FLOYD answered that she did not know.
CHAIR STOLTZE pointed out that a level of transparency and
openness was promised. He opined that the first lawsuit will
address the working group's policy development recommendations.
He stated that the working group might as well get it out right
now.
MS. BUSSE FLOYD stated that Cynthia Franklin or Lacey Wilcox
would know. She added that the Department of Law also attends
the working group meetings.
9:43:41 AM
MAJOR DENNIS CASANOVAS, Deputy Director, Division of Alaska
State Troopers, Department of Public Safety, Anchorage, Alaska,
introduced himself.
CHAIR STOLTZE stated that one of the major roles Major Casanovas
will have is on the issue of impairment. He noted that
Washington State seems to be the leader on establishing
impairment policies and asked if Major Casanovas recommended
using Washington as a prototype or a guide for Alaska.
MAJOR CASANOVAS replied that he is not extremely familiar with
what Washington has other than both Washington and Colorado have
a 5 nanograms per millimeter (5 ng/ml) per se limit for THC in
blood samples of subjects that are driving. He stated that
Alaska could entertain 5 ng/ml or one that is less.
CHAIR STOLTZE asserted that potency levels will be an important
policy issue and one the committee will need prior to finality.
He stated that the Department of Public Safety is going to have
to make a specific recommendation. He remarked that every
Legislature he has been a member of has had an incredible
deference to the opinion of the Department of Public Safety. He
stated that DPS has a responsibility to provide the Legislature
with its expert testimony on the appropriate public policy
approach because the State Troopers and local constabularies are
going to implement whatever the Legislature decides. He asserted
that the Legislature is going to need a lot of help to draw
clear statutory lines. He assumed that litigation is just a
default position and is going to occur. He noted having a
discussion with an individual from the Washington State Patrol
who indicated that they had a pretty good handle on marijuana
and alcohol regulation. He stated that there are critics in the
marijuana industry of Washington's approach. He asserted that
the Legislature is going to expect a more detailed interaction
with the Department of Public Safety's objective policy thoughts
and recommendations.
9:47:17 AM
CYNTHIA FRANKLIN, Executive Director, Alcoholic Beverage Control
(ABC) Board, Department of Commerce, Community, and Economic
Development, Anchorage, Alaska, noted that the committee
requested in a previous meeting that the ABC Board work on a
document from the Administration to address the ABC Board's
positions on many issues, including serving sizes. She revealed
that some recommendations do not contain or cite references to
any scientific studies or information the committee was seeking
from Dr. Butler. The ABC Board is working with its fellow
agencies to compile information about specific topics that
relate to the various agencies' work.
9:50:02 AM
SENATOR WIELECHOWSKI asked for a review of the initiative's
timelines as far as personal use, sale, and other timelines.
MS. FRANKLIN specified that the act becomes effective on
February 24, 90 days after election certification. Personal
marijuana use and possession in AS 17.38.020 will take effect on
February 24. The ABC Board expects to seek one emergency
regulation on February 24 to get a definition of "public" in
place. She stated that the ABC Board believes the emergency
regulation process was created for just the scenario previously
noted where the public and law enforcement are in need of a law
clarification that is taking effect essentially in the middle of
Session. She revealed that the ABC Board cannot statutorily
enact the emergency regulation process until February 24 due to
the ABC Board's authority over alcohol and not marijuana. She
specified that the marijuana rulemaking timeline is February 24
to November 24, as designated in AS 17.38 for the ABC Board or
the Marijuana Control Board to work on the 9 areas of rulemaking
set forth in AS 17.38.090. She said the next significant period
of time is February 24, 2016, the ABC Board or the Marijuana
Control Board are expected to begin taking license applications
set forth in AS 17.38 to be issued by May 2016. He detailed that
initiative set forth the timeline, but noted that one bill
moving through the Legislature purposes to change the timelines
with regard to marijuana concentrates.
9:53:54 AM
SENATOR WIELECHOWSKI noted a news report about an organization
in Anchorage that will start marijuana dispensing on February
24. He said there seems to be some confusion in the public about
what can happen on February 24. He asked if an organization can
start selling marijuana on February 24 or is just possession
legal on February 24.
MS. FRANKLIN answered that the ABC Board has made it very clear
that no one can start legally selling marijuana on February 24.
She said there are a couple of individuals in the Anchorage and
Wasilla area who seem to be insisting on making their own rules,
noting that one of the businesses was busted by the Anchorage
Police Department in the last couple of weeks. She summarized
that AS 17.38.020 becomes law on February 24. She explained that
less than one ounce of marijuana is allowed for personal use and
possession in addition to personal growing to some extent. AS
17.38.020 codifies rules that the Alaska Supreme Court has had
in place for years. She affirmed that the law absolutely does
not create a situation where there is any kind of legalized
market before the rules are written by a combination of the
Legislature and whatever regulatory agency is assigned the job.
9:57:09 AM
SENATOR WIELECHOWSKI asked what date marijuana can be legally
sold in the state of Alaska so that people of Alaska can
understand.
MS. FRANKLIN answered that the date is going to be when the
first licenses are issued, possibly May 2016. She emphasized
that the first marijuana sold legally is going to have to be
marijuana that was grown legally. She noted that other states
have awarded licenses to growers prior to dispensaries for a
proper rollout.
CHAIR STOLTZE asked if the stated goal is to regulate marijuana
like alcohol and that alcohol requires a license for sales.
MS. FRANKLIN answered yes. She specified that Title 4 states
that selling alcohol without a license is a Class A misdemeanor,
punishable by up to a year in jail and a $10,000 fine.
CHAIR STOLTZE remarked that regulating marijuana like alcohol is
what the marijuana industry asked for.
9:59:21 AM
SENATOR WIELECHOWSKI asked that Ms. Franklin talk about the
permits. He noted that there is a provision in AS 17.38.090 that
says the application fee will be $5,000 unless the regulatory
board determines a greater fee is necessary. He inquired if Ms.
Franklin believes it will be necessary to charge more than
$5,000.
MS. FRANKLIN answered that licenses will depend on what types of
licenses are established. She noted that licensing for smaller
communities may have challenges due to issues with
transportation. She said there may be situations where license
"stacking" may be required in smaller communities for different
types of licenses. She noted that Colorado has a system where a
business can apply for, receive, and hold more than one type of
license. She detailed that businesses in smaller communities
might need to hold multiple licenses due to federal
transportation prohibition via plane or ferry. She remarked that
the $5,000 fee is in line with the type of fees that the ABC
Board charges for alcohol or liquor related licenses. She
revealed that half of the license fees goes back to the
municipalities and noted the ABC Board has a similar fee sharing
or refund system for alcohol with the idea that some law
enforcement will fall to local law enforcement.
10:01:35 AM
SENATOR WIELECHOWSKI noted that some alcohol licenses can sell
for hundreds of thousands of dollars and asked Ms. Franklin if
she envisioned a scenario where that can happen with marijuana.
He inquired if there is any way to ensure Alaskans get licenses
or receive priority over large, outside corporations that plan
on coming in.
MS. FRANKLIN explained that the secondary liquor license market
was created by the ability for licensees to transfer their
licenses. She explained that one of the easiest ways to avoid a
lot of headaches is to make marijuana licenses nontransferable
and have the licenses return to the state. She noted that the
money from the secondary liquor license market does not go to
the city or the state of Alaska. She revealed that a secondary
market value is due to limited licenses based on population.
SENATOR WIELECHOWSKI noted that he was concerned about new
individuals coming in for licenses and forever being prohibited
in getting one. He addressed "Alaskans first" and asked if there
is a way to see that Alaskans get the licenses instead of large,
outside corporations.
10:04:01 AM
MS. FRANKLIN answered yes. She noted that both Colorado and
Washington have residency requirements associated with their
licenses. She stated that the ABC Board believes that residency
requirement is a good way to keep the marijuana business as
Alaska-based businesses. She said residency verification could
be relatively easy to designate, similar to PFD qualifications
or requirements for fishing and hunting licenses. She noted that
recent legislative testimony and anecdotal information has
indicated that most marijuana currently available in Alaska is
grown in Alaska.
She mentioned that some questions will come up in terms of
corporations and noted liquor licenses have corporate owners.
She suggested that marijuana licenses designate ownership
percentage and transfer rules as to how much of a corporation
can be moved about without causing a business to surrender its
license. She noted that the ABC Board has a lot of precedent
with regard to liquor licensing and a way to approach residency
and corporate transfer issues.
She opined that because of transportation issues and how far the
state is from the rest of the country, Alaska is unlikely to
become a mecca for big marijuana businesses. She said in terms
of a combination of residency requirements and the
impracticality of moving marijuana to Alaska from other states,
diverting marijuana must absolutely be made illegal. She
asserted that marijuana must be grown and sold in the state
without diversion from another state in order to comply with the
Cole Memorandum regarding federal enforcement rules dictated by
the Controlled Substance Act.
10:07:15 AM
CHAIR STOLTZE asked her to confirm that there are no interstate
commerce prohibition by nature of the initiative, only instate.
MS. FRANKLIN agreed. She noted that the Cole Memorandum outlines
the federal areas of priority for marijuana enforcement,
including any type of diversion between states. She summarized
that the federal government has essentially said that it is not
going to bother a state regulated business if it is complying
with state regulations; however, the federal government will be
involved with marijuana moving across state lines.
CHAIR STOLTZE commented that there was a directive to regulate
marijuana like alcohol from the initiative. He noted that the
initiative's sponsors directed the regulatory agency by default
as the ABC Board. He remarked that one challenge the Legislature
should take is not to regulate marijuana like alcohol. He opined
that federal alcohol laws and regulations have so much embedded
interest for the industry and how it is sold. He pointed out
that Senator McGuire recounted the challenges from the brewpub
statutes. He opined that the push for the commercialization of
marijuana that "regulate it like alcohol" was a political
statement campaign, not a directive to take all of the
bafflingly confusing and almost nonsensical ways that
protectionism is embedded in alcohol regulation and statute
throughout the country. He stated that he is going to ask the
sponsors to come back briefly to give the Legislature guidance
and recommendations. He summarized that public testimony will
depend on a bill coming to the committee.
10:12:02 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee hearing at 10:12 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| DEC - Marijuana Regulation Letter - 2 2 2015.pdf |
SSTA 2/3/2015 9:00:00 AM |
Marijuana |
| Northern Industrial Training - Committee Follow-Up - DOT Drug Compliance Policy - 1.29.2015.pdf |
SSTA 2/3/2015 9:00:00 AM |
Marijuana |