SB 38-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE    2:32:44 PM CHAIR FRENCH announced the consideration of SB 38. SENATOR THERRIAULT, sponsor of SB 38, said Mr. Stancliff would introduce the bill. DAVE STANCLIFF, Staff to Senator Therriault, said the bill will add Salvia divinorum, the most potent naturally occurring hallucinogenic substance on the planet, to the state's list of controlled substances. He cited cautionary testimony from users and said that young people in particular are being targeted. The problem law enforcement has with this substance is that it can't be detected in the bloodstream. Another problem is that it's readily available over the Internet and Alaska is considered to be a "green-light" state for shipping the substance. In fact it's being sold down the street and in other places around the state as incense. Indications are that shipments stop or are much reduced when an area becomes "red-light." Simply because the substance can't be identified in the bloodstream should not be an impediment to saying that Alaska is not a place to sell Salvia divinorum. SB 38 simply places Salvia divinorum on same schedule II list as peyote, mescaline and LSD. This is not a safe drug, he concluded. 2:39:26 PM CHAIR FRENCH recalled the bill coming through judiciary last year but he didn't recall its presence in local head shops. He asked if this is a new phenomena. MR. STANCLIFF replied he discovered one shop in Anchorage and one in Fairbanks. Since that time a number of other locations have the substance including one down the street here in Juneau. It's a fairly good source of revenue. You can buy the leaf, the plant, or the extract. Use is proliferating and youths are being targeted. Many experienced "mind travelers" warn against its use, particularly for youths. But there is support for allowing people over age 18 to use the substance. That's a policy call you have to think about, he said. 2:41:38 PM SENATOR McGUIRE asked if the problem is that law enforcement can't stop sales because there's nothing on the books about the substance. MR. STANCLIFF said that is the problem; currently there is nothing that would allow interdiction. SENATOR McGUIRE suggested it might be time to consider an ability for the Department of Public Safety to use something like the emergency regulation process before going to the legislature for a full vetting. MR. STANCLIFF said an advantage to law enforcement is that it is very difficult to grow Salvia divinorum in places that it doesn't occur naturally. If Alaska were to become a "red-light" state it would be easier to control than a substance that readily grows here. 2:44:56 PM CHAIR FRENCH questioned why the federal government hasn't taken any action on this substance. MR. STANCLIFF answered it is on the Drug Enforcement Administration (DEA) watch list and federal legislation is being considered. Also, the Navy bans this substance as part of its administrative code. "I think they're just lagging behind the states…and the states aren't waiting," he added. CHAIR FRENCH pointed out that the substance is legal today. Passing this law means that in 90 days it would be a B felony to possess and an A felony to sell or distribute. It seems as though we've either severely under reacted on one side or we're about to severely over react on the other, he said. MR. STANCLIFF said he isn't sure what happened with regard to transition periods when other psychotropic substances were made illegal. There is an increased awareness and he knows that Internet sites warn that Alaska is looking at outlawing the substance. Currently someone could argue that they thought the substance was sage and they'd have a good shot at a successful defense because the best chemists at the state lab can't identify the psychotropic substance from the plant. CHAIR FRENCH clarified that the penalty for a C felony is 0-5 years with no presumptive sentence. The penalty for a B felony is 0-10 years with no presumptive sentence, but there's a guideline for serving. Referring to the statement that the lab can't identify the substance, he questioned how the crime could be prosecuted. MR. STANCLIFF said a lab can identify the substance that causes the psychotropic reaction. The chemical and botanical difficulty is to identify that particular plant among thousands in the sage family. 2:49:08 PM SENATOR WIELECHOWSKI referred to an article that says that Salvia divinorum has medical and research value. Noting that it's potentially being used as a non-addictive painkiller, for Alzheimer's disease, and mental illness he asked if this bill would ban medical use or research. MR. STANCLIFF said no. In fact this is the only substance of its kind that promises to help people who have addictions to more serious substances. On the other side there's evidence that it exacerbates depression. It is an unpredictable substance and very little is known about it. Error on the side of caution, but keep the door open for medical and scientific purposes, he said. SENATOR McGUIRE added there is nothing in the substance schedule that prohibits prescription. The bill says the penalties come into play unless the substance is prescribed. I don't see a problem as long as research and prescription by a licensed physician aren't prohibited. CHAIR FRENCH observed that if the state makes the substance illegal, head shops will stop carrying it and the market will evaporate. SENATOR McGUIRE suggested the committee consider an effective date to allow the public time to learn about the change in law. Intent language could also be added to make folks as aware as possible. CHAIR FRENCH brought up the topic of an effective date. SENATOR THERRIAULT said his sense is that a limited number of sites within the state are selling the substance so a long period isn't necessary. CHAIR FRENCH agreed that 90-days would do it. 2:53:39 PM SENATOR THERRIAULT noted that the poison quarterly newsletter warns against using Salvia divinorum. "There's a lot of alarming information about this and the power of this drug so I think it's advisable that we do take the step that is suggested in the legislation today," he stated. CHAIR FRENCH said he supported the bill in a previous session. Finding no further questions or testimony he closed public testimony. SENATOR McGUIRE motioned to report SB 38 from committee with individual recommendations and attached fiscal note(s). There being no objection, it was so ordered.