HOUSE BILL NO. 379 An Act relating to controlled substances. MIKE PALOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, presented an overview of the bill. HB 379 elevates gamma- hydroxybutyric acid (GHB) to a classification of a controlled substance in State law. GHB was elevated to a schedule 1 in February 2000 by the federal government. The issue came forward over the summer when a 16-year-old high school student died after overdosing on a version of GHB not covered under State law. Mr. Pawlowski highlighted the changes made in the House Judiciary Committee. · Tightening of the title, Page 1, Lines 1 & 2, to avoid the original version, which was an act, related to controlled substances. · The addition on Page 1, Line 14, a limitation for the federally recognized drugs when intended for human consumption. [Some of the chemicals do have legitimate uses.] · Page 2, only the federally recognized analogs to GHB are explicitly in Statute. · Section 2, repeals the classification GHB as a schedule 4, where it currently is in statute. Mr. Pawlowski commented that those changes would send a clear message that they are extremely dangerous drugs. Co-Chair Meyer summarized that the legislation would move GHB from a Class 4 to a Class 1. Mr. Pawlowski pointed out that GHB has gained a lot of popularity as a "date rape drug". Co-Chair Meyer pointed out the zero fiscal note. Representative Joule asked the result of moving GHB from a Class 4 to a Class 1 offense. Mr. Pawlowski related that the Alaska case was prosecuted under the federal law because at that level it is a Class 1. In State law, the first offense is not be applicable and the minimum sentence is a year. Whereas, a Class 1, the same crime, the first offense sentence would be 0-2 years or with a maximize sentence of 10 years. Representative Joule asked how many cases could be impacted with the changeover. Mr. Pawlowski shared that the dilemma of GHB does not show up on a test. It is difficult to detect. There would not be many possession cases because it is so difficult to prove possession; however, when it has been administered, the State could see more of those cases. 2:43:00 PM Representative Joule voiced support for the direction the bill was going but thought it would increase the Department of Corrections budget overtime. Mr. Pawlowski agreed. Co-Chair Meyer acknowledged that the State might see financial consequences resulting from the legislation. Vice Chair Stoltze noted there was no fiscal commentary from the Public Defender office. Mr. Pawlowski responded that the sponsor had only conferred with the Department of Law. He indicated that they could ask for a fiscal note from the Office of Public Advocacy (OPA) and the Public Defender if that was the wish of the Committee. Vice Chair Stoltze recommended it. Mr. Pawlowski emphasized that the proposed change is already scheduled at the federal level and recommended that it be put in compliance at the Alaska State level. 2:46:08 PM Representative Hawker recommended that the title be "tightened up". He pointed out the reference be to "certain chemically similar substances". He inquired if there had been "expert testimony" from a pharmacologist indicating no compromise of industrial activity. Mr. Pawlowski deferred that question to Chris Beheim of the State Crime lab. 2:48:50 PM CHRIS BEHEIM, (TESTIFIED VIA TELECONFERENCE), CRIME LAB SUPERVISOR, DEPARTMENT OF PUBLIC SAFETY, ANCHORAGE, offered to answer questions of the Committee. He spoke to the two substances, Gamma Butyrolactone (GBL) and Butanediol (BD), when taken internally, metabolize to GHB and produce exactly the same chemical effect. Representative Hawker asked if Mr. Beheim was comfortable with the proposed list. Mr. Beheim replied they are his recommendations based on federal statutes. Representative Kelly asked how many other states have taken these measures. Mr. Pawlowski was not sure of the exact number but knew specifically of two. Every state has taken their individual approach on the issue. The original version of the bill was taken from California, which defined an analogue in statute. Because of the way in which the Alaska Statutes (AS) are written, that did not totally work for us. New Jersey listed the chemicals as the ones recognized by the federal government. Representative Kelly asked if 50% of the states had addressed the concern. Mr. Pawlowski thought that fewer than half had; however, pointed out that federal law applies everywhere. Representative Weyhrauch requested more information on the date-rape drug. Mr. Pawlowski responded that "by and large", it is an industrial solvent. 2:52:00 PM Co-Chair Meyer inquired about the industrial use for the drugs. Mr. Beheim replied that GHB and BD are industrial solvents used in manufacturing of fibers and pesticides, having several other uses. The key concern is when used for human consumption. Mr. Beheim provided examples of substances with warnings. Representative Holm asked which pesticides use the chemical. Mr. Beheim did not know specific pesticide names. Representative Foster MOVED to REPORT CS HB 379 (JUD) out of Committee with individual recommendations and with the accompanying zero note. There being NO OBJECTION, it was so ordered. CS HB 379 (JUD) was reported out of Committee with a "do pass" recommendation and with zero note #1 by the Department of Health & Social Services. 2:55:50 PM