HB 213 - MEDICAL USE OF MARIJUANA CO-CHAIRMAN DYSON announced the first order of business as House Bill No. 213, "An Act relating to the medical use of marijuana; and providing for an effective date." CO-CHAIRMAN DYSON announced that they would be taking public testimony on a committee substitute (CS) for HB 213 with a couple of amendments from the Senate side. He asked those who testify today to keep their testimony specifically on the bill before them and not for the need for medical marijuana. This bill is trying to deal with the concerns of the law enforcement and health agencies. Number 0207 MICHAEL PAULEY, Legislative Assistant for Senator Loren Leman, came forward to explain the CS and the amendments. The first change is registration. The initiative passed last fall creates a state registry of patients entitled to use marijuana for medical purposes, but registration is not required. The lack of a registration requirement makes it difficult for law enforcement officers to distinguish between legitimate and illegitimate users of marijuana. It creates a danger that persons with a legitimate need for marijuana may be mistakenly arrested. To eliminate that possibility, HB 213 would require registration. The second change would allow law enforcement to have access to the information in the registry. In the current marijuana law, access is limited only to those occasions when a law enforcement officer has stopped or arrested a person claiming medical use. Under HB 213, law enforcement would have access to registry information while in the course of a criminal investigation or prosecution. This is a change designed to help law enforcement distinguish between legitimate and illegitimate users of the drug. Number 0327 CO-CHAIRMAN DYSON asked if law enforcement officers can randomly search the files under HB 213. MR. PAULEY answered no, it would have to be in the course of a criminal investigation. An example would be when law enforcement receives a tip, they can check and find out whether that person is lawfully entitled to have the marijuana. Number 0400 MR. PAULEY indicated that the third change in HB 213 deals with possession limits. The initiative passed last fall allows for possession of an unlimited amount of marijuana so long as it can be medically justified. There are no clear definitions of medically justified. Under HB 213, a clear possession limit is established of one ounce in useable form and six plants. In the draft before the committee, the only exception to that possession limit is if the Department of Health and Social Services (DHSS) has granted a specific waiver, and that is explained in detail in the bill. MR. PAULEY explained that the fourth change deals with registry identification cards: all patients and primary caregivers would be required to be issued a state identification card similar to the permits issued to Alaskans for carrying concealed weapons. If a police officer questions a patient or primary caregiver about the medical use of marijuana, the person must display their registry identification card. The fifth change deals with the role of primary caregivers under the medical marijuana law. The legislation will establish a few precautions to prevent abuse. Each patient could have only one primary caregiver, and each primary caregiver can care for only one patient, with some carefully defined exceptions. The general rule is a one-to-one relationship. Number 0504 CO-CHAIRMAN DYSON asked him if a primary caregiver, a doctor, could only have one patient. Number 0512 MR. PAULEY answered that under this legislation, the doctor is not a primary caregiver. A primary caregiver is someone who assists the patient in procuring the marijuana. A primary caregiver can only assist one patient unless he is a member of the family unit, which is defined on page 5, lines 13-16 of work draft A. It reads: "(e) A person may be a primary caregiver for only one patient at a time unless the primary caregiver is simultaneously caring for two or more patients who reside in the same household as the caregiver and are related to the caregiver by at least the fourth degree of kinship by blood or marriage." MR. PAULEY noted that a person who has violated the drug laws of Alaska or another state, or a person on probation or parole, cannot be primary caregivers. The sixth change is that physicians who are recommending marijuana are required to explore other approved medications and treatments that might provide relief. This change is consistent with the recommendations of the Federal Institute of Medicine's study on medical marijuana that was released last month. It also protects patients from prosecution by federal drug enforcement employees. MR. PAULEY pointed out that one issue that gets lost in the debate of medical marijuana in Alaska is the fact that marijuana is an illegal drug under the federal law. It is illegal regardless of what Alaska's statutes say. Even though Alaska passes a law that says that they will provide immunity from state enforcement action for using marijuana, there is nothing they can do to shield either physicians or patients from potential enforcement action from federal prosecutors. They are trying to say if there is another alternative treatment that would be as effective in addressing the patient's debilitating medical condition, certainly one ought to recommend those treatments rather than one that could leave the patient at risk of prosecution by federal authorities. The final change closes numerous loopholes in the marijuana initiative. If left uncorrected, these errors could, contrary to the initiative's sponsors' intent, allow marijuana be smoked in public places, on school grounds, on a school bus, in state prisons and at the workplace. MR PAULEY referred the committee to page 10, lines 15 to 24, which lays out some restrictions for the patient, but not the primary caregiver. House Bill 213 adds a section so those same restrictions also apply to the primary caregiver. He noted that the initiative language says that these restrictions only apply to someone in lawful possession of a registry identification card, but since registration is not required, in order to have a right to smoke medical marijuana, these restrictions would not apply to anyone who doesn't have a registration card. If people choose not to register with the state, then all these restrictions about not being able to smoke in public or sell to another person doesn't apply to them. He said he doesn't believe it was the intent for these loopholes to exist. Number 0922 CO-CHAIRMAN DYSON understands that the CS gets close to meeting the Knowles' administration, the DHSS and the Department of Public Safety (DPS) needs for making this workable. Number 0946 MR. PAULEY agreed that they are comfortable with the amended CS. He pointed out another loophole in the initiative drawing their attention to page 11, line 1 of work draft A. The initiative language reads "(d) Nothing in the section shall require any accommodation of any medical use of marijuana (1) in any place of employment; (2) in any correctional facility, (3) on or within 500 feet of school grounds; (4) at or within 500 feet of a recreation or youth center; or (5) on a school bus." He noted this is another example of a drafting error of the initiative because the word "section" should be "chapter." By using the word "section" instead of "chapter," the restrictions only apply to that one section, not the rest of the sections. The word "chapter" ought to be used. This is corrected in HB 213. Number 1127 GLORIA DITE-BRAACHTEN testified via teleconference from Washington, D.C. She stated that last fall the voters chose to allow patients to use marijuana as a treatment for a variety of diseases and conditions. She indicated that she believes that it should not be limited to just cancer, glaucoma, HIV/AIDS; she suffers from a neuromuscular disease, and there are many other conditions that should also be allowed, if the patient and physician would agree that marijuana could be used. "If allowed to pass, SB 94 and HB 213 would sentence me to a life of ever-increasing amounts of hard narcotics, such as Percodan, Demerol and morphine, in an effort to fight the pain and spasms I suffer." Her condition requires use of muscle relaxers for continued use of her legs, however, if a cigarette of marijuana taken two or three times a day can help make her pain bearable and keep her awake enough to care for herself, she said she believes that she and her physician should be allowed to choose their own course of treatment. MS. DITE-BRAACHTEN said she believes the voters were not misinformed when they voted for this initiative. In summary, "The effectiveness of one drug over another drug should not be a consideration by our legislators, but should only be a consideration of our physician and the patient." She asked that the bill be left as written unless there is clear and convincing evidence that shows they cannot effectively prosecute hard drug users. She asked that the legislators refrain from determining what types of drugs should be used. Number 1330 MARK CHRYSON, Chairman, Alaskan Independence Party, testified via teleconference from the Matanuska-Susitna (Mat-Su) Legislative Information Office (LIO). "I am chairman of the Alaskan Independence Party. Right now we have pushing 20,000 members, and I would like to thank our ever- and all-knowing legislature for doing my recruiting for me. If you vote for HB 213, SB 94, whichever version comes up, I guarantee you, some of you will not be back. If any of you states that you received more votes than Proposition 8, when a proposition like this, an initiative which passed by such an overwhelming majority, you need to leave it alone because all you are doing is showing the arrogance of yourselves that lawmakers know best; that the voters do not know what they are talking about, do not know what we have voted for. I guarantee you, sirs, please vote against this bill. There [are] going to be problems. You have two years for an initiative which has been passed by the people before you can touch it. Let those two years go before you do a thing. Again, thank you for doing the recruiting for the Alaskan Independence Party." Number 1421 RONALD L. BROWN testified via teleconference from Anchorage. He has been in several car accidents and has been put on all sorts of drugs for pain. He still has problems sleeping and would like to try something other than the drugs he has had. He agrees that there shouldn't be limitations on the conditions; that should be up to the doctor and the patient, not the legislature. He said he believes that both HB 213 and SB 94 are an invasion of privacy. Number 1500 BRUCE KRAFT testified via teleconference from the Mat-Su LIO saying he was opposed to HB 213. "The voters heard all of the facts and voted for the medical use of marijuana. This Christian act of compassion for those who are suffering should become law unchanged." CO-CHAIRMAN DYSON stated that there is no argument here whether or not people need marijuana for their medical condition. He again asked people to testify on the specifics of the bill. They are trying to meet the requirements the DHSS and the DPS to make the law operable. Number 1543 TOM WHITSTINE testified from the Mat-Su LIO. He said they should let the initiative work for a couple of years to see what problems could come up before they try changing anything in it. There is a good chance that it will work just fine as it is. He said he doesn't believe the legislature should be changing something that the voters passed. Senator Leman has not answered any of Mr. Whitstine's questions he had on this bill. Number 1693 CO-CHAIRMAN DYSON noted that it is not the legislators saying they don't like what was passed but the administration saying that it needs clarification. Number 1713 MICHAEL BARNES testified via teleconference from Kodiak. He has multiple sclerosis (MS) and has been disabled since 1991. The quality of his life is poor without medical marijuana. He does worry about the conflict between medical marijuana and the use by young people. In November 1998, the medical marijuana referendum passed by a large majority. Those who were against it lost fair and square. Now it appears that they want to change the will of the people and it is the wrong lesson to teach the children about democracy. He believes that the administration wanting to clarify the bill is a red herring; it is just not true. It is obvious that they are trying to change the law. He would appreciate it if they wouldn't let that happen. He urged them to give the initiative a chance. Mr. Barnes noted that in March, the Independent Institute of Medicine strongly backed certain medical uses of marijuana. Number 1805 CATHLEEN ROLPH testified via teleconference from Kenai. She spoke on behalf of a friend who benefits from the medical use of marijuana and herself as a teacher. "I myself have been a teacher for over 25 years. For the past six years, I have taught social studies to gifted secondary students. Many times my students tended to make judgements and state opinions based on their gut reaction, on fear. Sometimes people cast votes based on political pressure or for their own self-interest. I teach my students to make decisions based on research and factual information. I respectfully implore you to do the same. Please consider the facts of the medical marijuana and make an informed decision, not one based on the political climate, the country's drug war or the public's needless fear of marijuana. It is not addictive, it does not cause illness or death as does tobacco. Children can abuse hair spray, they can huff glue, they can abuse cough syrup, but we don't ask people that use those substances to register with the state. Fact: Marijuana relieves pain in an inexpensive and fast-acting manner. Marijuana aids appetites without side effects. Patients with illnesses whose symptoms are relieved by marijuana are not criminals. They have letters from their doctors. Marijuana relieves nausea. Marijuana was already legalized by the voters of Alaska without the added contingencies suggested by HB 213. Medical marijuana laws need to have a chance to work before they are tampered with as the voters wish. I would like to go on record as being against the added requirements of the medical marijuana law. Thank you." Number 1898 CINDY RAE HUTCHENS testified via teleconference from Kenai. She informed the committee that she is disabled due to severe nausea and vomiting and dehydration, and she uses marijuana very effectively. She is against registration because there is no other prescription that requires that same thing. Medical decisions should be between the doctor and the patient, and it shouldn't be up to the politicians. Heavily abused drugs are used all over the state, and they don't have to register with the state of Alaska to use those medications, so marijuana shouldn't be any different than a drug prescribed from a doctor. Number 1953 CO-CHAIRMAN DYSON reiterated that the problem is that under federal law a doctor cannot prescribe marijuana. If the federal government would allow the doctors to prescribe medical marijuana, then there wouldn't be this hassle. Number 1977 NATALIE RINGLAND testified via teleconference from Kenai. She also suffers from MS. She agrees that the mandatory registration is unfair. Medical patients should not be treated like sex offenders; she is insulted by that. She urged the legislature to please leave this alone and let it work. Number 2052 CO-CHAIRMAN DYSON reiterated that the police are telling them if there isn't a list of who is legal to have marijuana, they will have difficulty enforcing the law against illegal use. Number 2067 MIKE MILLIGAN testified via teleconference from Kodiak. He told the committee that the issue for him is health care. There are a lot of people in this state who do not have the health care benefits that some of the people making laws have. "The biggest thing that gets me is that we live in a society where the children of a governor and the children of a legislator are considered worth more than my children because they are protected by government health care. If we're going to deny people that maybe can't afford the full meal deal that some of us in our society have, then if we're going to deny those benefits, those decisions that are made between a doctor and his patient, then we need to look at the whole issue of health care. We need to make health care equal across the board." Number 2128 RICHARD OLSON testified via teleconference from Homer against HB 213. He agrees that they should leave it alone and give the initiative a chance to work. He agrees that prescription drugs are more dangerous, addicting and mind altering than marijuana. He noted that when a doctor prescribes those "evil synthetic drugs" he doesn't have to register the caregiver and patient. He mentioned that some of the issues in this bill are already addressed in other laws. He urged the committee to leave it alone. Number 2218 JULIE CESARINI testified via teleconference from Homer. She referred to a book, Marihuana, the Forbidden Medicine by Lester Grinspoon. This doctor traces his research from the early 1960s to prove that children should not be messing around with this to the point he came to in the effects on various illnesses for various people. Different substances affect people differently. She has had a lot of experience with friends on prescription drugs who have been seriously damaged. This is a whole political issue that has to do with conspiracy against the hemp plant. It is a money thing. Ms. Cesarini wishes the legislature would devote their time to other pressing problems like the children. She spoke against the idea of identification cards. Number 2312 ALIDA DUNNING testified via teleconference from Homer. She is concerned with the part of HB 213 that says that the physician has to have explored other approved medications and treatments. She wondered if this meant that the doctor would have the patient try all these other prescription drugs first. It is a vague statement. It is also vague to say that the physician has concluded that the likely benefits of marijuana outweigh the benefits of other alternatives. It almost makes it sound like it would have to be a last resort compared to other widely accepted treatments. The voters are obviously trying to legalize marijuana. TAPE 99-48, SIDE B Number 2355 CO-CHAIRMAN DYSON said that section is to make sure that other alternatives are explored and if found to be more appropriate than marijuana, then they are applied. Number 2334 ROGER HANSEN testified via teleconference from Fairbanks. He told the committee that while he was in the army he was in an explosion and now suffers from chronic pain. Marijuana has helped him with his pain. The people said this is what they want, and he asked the committee to give them a break. CO-CHAIRMAN DYSON asked Mr. Hansen if the compulsory registration would be a problem for him. MR. HANSEN said he didn't like it particularly, but he doesn't have a problem with it. Number 2213 CHARLES ROLLINS testified via teleconference from Fairbanks. He told the committee about the arrests in California of marijuana users and doctors. He fears that patients will be arrested in Alaska. The legislature is violating what the people want. Number 2107 BETTY ROLLINS testified via teleconference from Fairbanks. She agrees that the initial initiative was poorly written. However, there has always been a list open to law enforcement, and there has always been an identification card. She said it is quite apparent that speaking as attorneys is nothing more than a waste of their time. If the elected representatives refuse to listen to the vote of the people, it obviously follows that they will refuse to listen to the voice of the people. "After all we all know our government knows what is best for us no matter how we vote or speak. HB 213, the same as SB 94, is ridiculous and confusing in the extreme. The original initiative was bad enough, now it has been made worse. You can't do specifics on an initiative in the two minutes allowed." She went ahead with her written testimony: I have listened to your excuses, read your letters and it is quite obvious that most of you are ignorant of the repeated studies and most recently the study contracted by the United States' government as medicinal marijuana. Gateway drug? Study after study has proven that the greatest gateway drug in this nation of all drugs, legal and illegal, is alcohol. Alcohol is one of the foremost destroyer of life. The same stuff that many of you use and serve at your fund raisers. It is sad that AMR [Americans for Medical Rights], California also refused to listen when they wrote the bill with the assistance of the Los Angeles police department, and Alaskans for Medical Rights did not listen when they boiler plated AMR's bill. They were informed at that time that the list was a violation of doctor/patient privilege and a violation of our right to constitutional privacy. Having listened to the legislature would not now be able to destroy the accounts of medicinal marijuana for those individuals who are truly ill. Had they listened they would not have recently joined with the state in the legal proceedings to require that medicinal marijuana is so very dangerous a list must be required. They are speaking out of both sides of their mouth. Number 2025 SUZANNE PRICE testified via teleconference from Fairbanks. She has worked in community mental health. She has a problem with a legislature that would dismantle and gut an initiative before it has time to work. Her biggest problem is on page 4, where it says that the physician has explored other approved medications and treatments that might provide relief and are reasonably available to the patients, and can be tolerated by the patients. She believes that a lot of physicians are going to be very uncomfortable about trying to write out what the legislature wants them to say about their patient. She is uncomfortable with this. If a doctor approves marijuana for a patient, that should be it. This issue shouldn't be treated as a moral judgement. She is uncomfortable with the legislature taking an initiative of the people before it has an opportunity to work. CO-CHAIRMAN DYSON reiterated that it is the DHSS and DPS who have come to the legislature and said they can't make it work. The legislature is trying to figure out something for them to work with. Number 1924 DIRK NELSON testified via teleconference from Fairbanks. He said he always has believed that the DPS, the Department of Law and the DHSS were required to do things by the people, and now he hears that they are requiring things of the people. It seems to him that the flow of authority seems to have gotten reversed. "I also noticed earlier when someone said well the legislature felt a need to appease the administration's desire to straighten this out. I was thinking how many other issues we have this year where the legislature bent over backwards to appease the Knowles administration. Maybe this is an anomaly here. I believe Justice Brennan challenged the states to go forth and define their own constitutions and not be restricted by the U.S. Constitution." MR. NELSON paraphrased Lester Grinspoon, the Harvard medical physician: It has been shown that marijuana has the propensity to drive people crazy. However, unlike many other drugs, it tends to be those people who don't use it who are typically driven crazy by it. The restrictions proposed in HB 213 are based upon the assumption that marijuana is a dangerous drug and that this plan is illegal in Alaska. Most of these are fallacies. He doesn't recall the Ravin decision ever being overturned. Number 1843 MR. NELSON wonders why there are police officers doing medical education in schools and legislators taking the place of consulting with physicians. He said he believes that the whole thing violates the provisions in the Ravin decision that this is acting unconstitutionally. Number 1798 CO-CHAIRMAN DYSON said he doesn't know many of the legislators who are trying to appease the administration, but in fact of the 200 and some bills they are working on, a few have originated from the administration at the request of the governor to deal with things. On some level, folks try to work together to do the things that need to be done. Number 1778 DANIEL HANCOCK testified via teleconference from Fairbanks saying that doctors prescribe drugs that are more powerful and dangerous than marijuana everyday. They seem to manage things without a great deal of guidance from the state legislature. He can understand the need for registration; that is simply to keep legitimate users from being harassed by law enforcement officials. They certainly don't need 15 pages of garbage from the state legislature. This is just from the legislature; just wait until the bureaucrats get done with it. CO-CHAIRMAN DYSON reiterated that if the federal government would make it legal for doctors to prescribe marijuana, there wouldn't be this hassle. Number 1714 L. F. STAATS testified via teleconference from Kenai. He said this is a waste of tax payers' time and money, and it is not up to the legislators to figure out what is the best for patients. CO-CHAIRMAN DYSON agreed with Mr. Staats. Number 1684 JIM KENTSCH testified via teleconference from Anchorage saying he was one of the three co-sponsors of Ballot Proposition 8. He also spoke for Ileen Self who had to leave the LIO. He urged the legislature to listen to the people who showed up to oppose HB 213; they are the public whom they serve. No one who has testified likes this bill. He said Mike Pauley, Senator Leman's aide, talked about the changes to make mandatory registration and a wider access to the registry. He failed to say that this bill would also require the nature of the debilitating medical condition to be in the registry. If HB 213 were to go into law, this would have a serious, chilling effect on people's willingness to go through all the requirements to get medical marijuana. Proposition 8 has a better way to reconcile the 1990 ballot initiative that re-criminalized marijuana, (in contradistinction to the Ravin decision which still stands). "Ballot Proposition 8 would take medical marijuana out of the criminal justice system altogether and put a less burden on the criminal justice system and on legitimate patients." Number 1569 JACK ANDERSON testified via teleconference from Anchorage. He suggested that the legislature throw this bill away and deal with more important issues. Number 1500 CARL HUTSON testified via teleconference from Anchorage. He is a cancer patient and marijuana helps with his pain and nausea. "I voted for this for the simple reason that it is another way for my doctor to help me. ... You are violating my right and I'm trying to set an example to my kids that my doctor can help me. Now you guys are trying to make it so hard on the doctor. That is not right. ... This is another way to help a person who is real sick." CO-CHAIRMAN DYSON reiterated that if they could get marijuana legal on a federal level, they wouldn't have to be doing this. Number 1446 RALPH JONES testified via teleconference from Anchorage. He also is a cancer survivor and life-long Alaskan. His problem with HB 213 is that this state has become a police state. His doctor is afraid to write anything down for him because "he doesn't trust the cops and neither do I." He wants to know whether the cops or the people who voted for the legislators are running this state. None of the users of medical marijuana want to have marijuana out there for everybody to get drugged up on. The point is to help people who are in pain and suffering. Number 1328 JOEL BLATCHFORD testified via teleconference from Anchorage. He has had operations that limit what he can do, and now has to sneak around and use marijuana for pain relief. No doctor in Alaska will treat him. Number 1172 HAYDEN KADEN came forward to testify saying he was legal counsel for the Alaska legislature from 1967 to 1973. He has seen many bills come before the legislature where they had to do something because of the federal government. Every once in awhile, the state would actually object and not do it and nothing happened. There are six states that have legalized medical marijuana. Alaska is one of them and is on the leading edge. The federal government is going to change the law; they can't stand up to the states bucking the system. The people have said "we are changing this law." He urged the legislature "don't muck with it." MR. KADEN indicated that the legislators trust the people to elect them, but yet they don't trust the people to make a decision about something that is fairly cut and dried. The people of Alaska want people to have access to this drug, and they do not want the government mucking around with it. They do not want cops having a list of all these people. The police can make the decisions in an arrest situation. Alaska had 15 years of legal marijuana, and there were no problems. In 1989, he called every chief of police in the major cities of Alaska to have the victims of marijuana abuse come and testify in the Judiciary Committee. All the people he called informed him that alcohol is the problem, not marijuana. He doesn't see any reason for doing this, and he urged them not to do anything more on HB 213. CO-CHAIRMAN DYSON asked how the police will know whether someone they stop for another reason is a medical user or not. MR. KADEN said if they are stopping them, they are stopping them on the street, and the initiative only covers private use. They are not driving around smoking in their cars. Number 0921 DAVID FINKELSTEIN, Alaskans for Medical Rights, came forward to testify. He referred to Co-Chairman Dyson's last question and said that person in the car would be violating a provision of the act because it would be use in public. There is a major role that the legislature can play in the implementation of the medical marijuana law. Solving the problems of how patients get their hands on the marijuana is something that state and local governments can get involved in. California has had a variety of approaches and the most successful have been when counties decide that they are going to take control of it. The system now leaves patients with very few options. Some of the counties have set up a system where they can distribute it themselves. MR. FINKELSTEIN agreed with all the comments about the federal government. He said he believes that someday the federal government will reschedule marijuana as a Schedule II drug. Many national studies have said that marijuana serves a variety of beneficial uses for a variety of conditions. The only one named here that they did not endorse was glaucoma. The studies did point out some very undesirable effects of the delivery system; that smoking is not a great solution for most patients. Of course, there are other patients whose risk factor to their lungs is low enough to not be a major consideration. MR. FINKELSTEIN spoke against this legislation. There isn't any necessity for it. He does wish the legislature would get involved to solve the distribution problem. They would hate to see patients go out on the black market to try to get marijuana. People call all the time asking where they can get marijuana. This initiative doesn't solve that problem. MR. FINKELSTEIN said there are a variety of issues that are subject to interpretation; some that are technical mistakes, but none of those require legislation this year. Some can be solved in changes in regulations or in a revisor's bill. They are not convinced that anything at this time needs to be solved. They would like to see the new law have a chance to work. They will be glad to work with the legislature next year if there are real problems. CO-CHAIRMAN DYSON asked Mr. Finkelstein how the police should ascertain whether the marijuana is being used medically or not. Number 0581 MR. FINKELSTEIN answered that the initiative is clear; if someone doesn't have an identification card, they are subject to arrest. If a person has more than the limits in the law, they are subject to arrest; if they are using in public, they are subject to arrest. If they don't have the card, they should be treated like everyone else. They have notified patients that if they want the protection of the law, they should register with the state. Not all patients will register, but they do their best to encourage patients to register. Number 0485 REPRESENTATIVE GREEN asked if there is a point that a user, even with a registration card, can be physically impaired as a vehicle driver. He asked if there is an amount to test for. MR. FINKELSTEIN answered there are two provisions that affect that. The first one is an existing law that allows law enforcement to arrest someone on impairment of conditions. Impairment by a prescription drug would be against the law. There is also a provision in the initiative that anyone using medical marijuana will not endanger the public or other individuals. They intended that to include driving. [HB 213 was held over.]