SB 38-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE  2:51:04 PM CHAIR BETTYE DAVIS announced SB 38 to be up for consideration. DAVE STANCLIFF, staff to Senator Therriault, sponsor of SB 38, said that the bill would add Salvia divinorum to the state's list of controlled substances. It's the most potent naturally occurring hallucinogenic substance on the planet; there are groups on both sides of the issue of classification, and Mr. Stancliff cited testimony from users. Alaska is considered to be a "green-light" state for shipping of the substance, meaning it can be easily obtained over the internet without legal ramifications. It has gained popularity as a legal alternative to marijuana, and many young people have access to it. Studies indicate that the use of it is rising, while the internet is making it very easy to find. The state crime lab is in the process of creating a way to identify the presence of the drug in a user's system. SB 38 will send a message to all using the drug that it's a substance that is unpredictable, powerful, and dangerous, while allowing it to remain prescribeable for medical reasons. He added that the drug is currently available in Juneau and online; he showed print-outs from the internet showing the prevalence of Salvia divinorum information on the internet. 2:59:21 PM SENATOR COWDERY asked if the drug is a plant. MR. STANCLIFF said that it's a plant grown in Mexico, and a member of the sage genus; there's no blood or breath test available for the drug. The main purpose of the bill is to act as a disincentive to people shipping it to Alaska. SENATOR COWDERY asked about the effects of the drug. MR. STANCLIFF said that according to online research, the drug causes hallucinations and a state of uncontrolled delirium. It would be dangerous to operate a motor vehicle under the influence. 3:02:03 PM JACK HURD, analyst for the Alaska Scientific Crime Detection Laboratory, said that he was available for questions on the bill. SENATOR DYSON asked if people are victimized under the influence of the drug. MR. STANCLIFF said that that would be possible. SENATOR DYSON asked how many other states have criminalized the drug. MR. STANCLIFF said that four states have banned it, and at least seven countries have banned it or control it heavily. 3:03:25 PM SENATOR ELTON asked if the state crime laboratory is currently developing tests for identification in a person's body, and asked if there are costs incurred by the process. MR. HURD said that the costs would be negligible. SENATOR ELTON asked if the drug is federally banned. MR. STANCLIFF said that the DEA has not placed it on its controlled substance list, although there have been several measures before Congress to begin that action. 3:05:06 PM JACK DEGENSTEIN, with the Alaskan Libertarian Party, said that he's studied the plant for the last four years, and the information in the sponsor statement is skewed. He said that the news on the drug has changed to become more pejorative over time, and that facts often cited about the case of a kid who committed suicide under the influence were not clearly used. He explained that Salvia divinorum is not a similar substance to LSD or marijuana. The bill proposes to keep children from accessing the plant, but since it's federally legal it can't ever become totally illegal in Alaska. Other substances are more dangerous than Salvia divinorum, which doesn't cause brain damage. If Salvia is made illegal, it will simply be replaced by something else. It will only make criminals out of law-abiding citizens, and people using it irresponsibly will continue to do so. Vendors have said that they will continue sending it to Alaska despite a state ban, so the bill will be pointless. He explained how the drug has been found to relieve depression where other substances have failed. Recent studies have shown that it relieves cocaine and opium addiction in rats; if the plant is made illegal in the state, research possibilities will be limited. The drug is non-toxic even with prolonged exposure, and shows promise in addiction help; the bill would be harmful to those wishing to cease their addictions. The bill could be altered to allow for older individuals to receive the plant; Maine is attempting to make it legal for those 18 and older, but a felony for provision to underage kids. The people who want to use the plant responsibly shouldn't be punished. SENATOR COWDERY asked if the testifier had used the drug. MR. DEGENSTEIN said that he had, 4 months previously. SENATOR COWDERY asked how he found the plant. MR. DEGENSTEIN replied that he ordered a live plant over the internet. DAVIS said that there were some concerns about the bill but she thought it should be allowed to move through the system. She then asked the will of the body. SENATOR COWDERY moved to report SB 38 from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried. CHAIR DAVIS, seeing no further business before the committee, adjourned the meeting at 3:16:47 PM.