SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS  4:21:27 PM CHAIR RALPH SEEKINS announced SB 74 to be up for consideration. MR. DEAN GUANELI, chief assistant attorney general, Department of Law (DOL) advised the committee the DOL submitted revised findings, which may not have been adopted. CHAIR SEEKINS advised him the findings were under consideration. MR. GUANELI summarized the findings, which were revised to more accurately reflect the evidence presented. There are a total of nine findings. The lead-in finding says based on the type of marijuana today and its effect on young people, Alaska Natives and those undergoing alcohol treatment, there is a threat posed to the public health and welfare, which justifies its prohibition. The Legislature has a duty to promote the public health and welfare set out in Article 7 Section 4 of the state constitution. The next finding reflects the fact that marijuana has changed. The potency is much higher and the price is much higher. The increase in potency has added to the cost of treatment for young people. 4:23:45 PM MR. GUANELI stated several hundred Alaskans each year are seeking treatment for marijuana abuse. The third finding talks about the potential for dependency. 4:26:28 PM The fourth finding talks about early exposure to a young person, which increases the likelihood they will go on to more potent illegal drugs. The fifth finding refers to the high percentage of people in treatment. The sixth finding talks about the physical dangers of marijuana. 4:28:39 PM The seventh finding talks about the high percentage of people arrested who have marijuana in their system. The eighth finding talks about how children of parents who use marijuana are five times more likely to become marijuana users. 4:31:19 PM The ninth finding talks about the two court of appeals cases that have happened in the past two years. 4:32:17 PM SENATOR THERRIAULT asked the amount of marijuana cigarettes in four ounces. MR. GUANELI answered one cigarette is equal to one-quarter gram and so there are 400 cigarettes in four ounces of marijuana. Because the potency degrades over time, one would have to either use a lot of it quickly or give it away or sell it. 4:33:20 PM SENATOR THERRIAULT moved the findings be amended to CSSB 74. Hearing no objections, Amendment 1 passed. SENATOR FRENCH moved Amendment 2 as a committee substitute (CS). A M E N D M E N T 2  24-GS1054\G Luckhaupt CS FOR SENATE BILL NO. 74( )  IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-FOURTH LEGISLATURE - FIRST SESSION   BY    Offered:  Referred:    Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR  A BILL    FOR AN ACT ENTITLED  "An Act relating to marijuana and misconduct involving a  controlled substance; and providing for an effective date."  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:   * Section 1. AS 11.71.040(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person (1) manufactures or delivers any amount of a schedule IVA or VA controlled substance or possesses any amount of a schedule IVA or VA controlled substance with intent to manufacture or deliver; (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance; (3) possesses (A) any amount of a schedule IA or IIA controlled substance; (B) 25 or more tablets, ampules, or syrettes containing a schedule IIIA or IVA controlled substance; (C) one or more preparations, compounds, mixtures, or substances of an aggregate weight of three grams or more containing a schedule IIIA or IVA controlled substance; (D) 50 or more tablets, ampules, or syrettes containing a schedule VA controlled substance; (E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of six grams or more containing a schedule VA controlled substance; (F) one or more preparations, compounds, mixtures, or substances of an aggregate weight of four  ounces [ONE POUND] or more containing a schedule VIA controlled substance; or (G) 25 or more plants of the genus cannabis; (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance (A) with reckless disregard that the possession occurs (i) on or within 500 feet of school grounds; or (ii) at or within 500 feet of a recreation or youth center; or (B) on a school bus; (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for keeping or distributing controlled substances in violation of a felony offense under this chapter or AS 17.30; (6) makes, delivers, or possesses a punch, die, plate, stone, or other thing that [WHICH] prints, imprints, or reproduces a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these upon a drug, drug container, or labeling so as to render the drug a counterfeit substance; (7) knowingly uses in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person; (8) knowingly furnishes false or fraudulent information in or omits material information from any application, report, record, or other document required to be kept or filed under AS 17.30; (9) obtains possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; or (10) affixes a false or forged label to a package or other container containing any controlled substance. * Sec. 2. AS 11.71.050(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fifth degree if the person (1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-half ounce or more containing a schedule VIA controlled substance; (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one-half ounce containing a schedule VIA controlled substance, for remuneration; (3) possesses (A) less than 25 tablets, ampules, or syrettes containing a schedule IIIA or IVA controlled substance; (B) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than three grams containing a schedule IIIA or IVA controlled substance; (C) less than 50 tablets, ampules, or syrettes containing a schedule VA controlled substance; (D) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than six grams containing a schedule VA controlled substance; or (E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of one  ounce [ONE-HALF POUND] or more containing a schedule VIA controlled substance; or (4) fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under AS 17.30.  * Sec. 3. AS 11.71.060(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person (1) uses or displays any amount of a schedule VIA controlled substance;  (2) [OR] possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce [ONE-HALF POUND] containing a schedule VIA controlled substance; or (3) [(2)] refuses entry into a premise for an inspection authorized under AS 17.30. * Sec. 4. This Act takes effect immediately under AS 01.10.070(c). CHAIR SEEKINS objected. SENATOR FRENCH advised his CS takes three of the provisions supplied by the DOL and makes a separate bill out of them. The provisions relate to the C felony, the A misdemeanor and the B misdemeanor levels of the crime. The proposed CS reduces the amount of the C felony down from one pound to four ounces, reduces the A misdemeanor to under four ounces, and the B misdemeanor down to one ounce. Previous expert testimony suggested that since the potency has elevated, people are smoking less. He expressed doubt as to whether the war on drugs is headed in the right direction. 4:37:13 PM SENATOR FRENCH read from the 1994 La Guardia Commission Report that concluded there is no direct relationship between the commission of crimes of violence and marijuana. A 1969 report indicated there was no direct relation between smoking cannabis and serious physical danger. A 1970 Canadian report found physical dependence on marijuana has not been proven and that no physiological affects have been shown to occur even to regular users. 4:39:34 PM A 1997 commission from the Australian government concluded the toxicity of marijuana is low compared to any other drug and there are no major health effects shown to manifest from it's use. 4:40:43 PM The American Enterprise Institute, a very conservative think tank, published a report on March 26, 2005 that says despite billions of tax dollars spent combating the war on drugs, the United States still have the worst drug problem among western nations. They concluded criminal prosecution of marijuana does not appear to be justified. Just focusing on possession in Alaska, there were 1500 arrests in 2003, which led to 500 convictions. Of the 500 convictions, 80 percent were dismissed. It seems to be a waste of resources. 4:45:21 PM SENATOR FRENCH asserted his proposed CS puts the level where it belongs in light of modern evidence concerning marijuana. SENATOR HUGGINS asked Senator French if he supported overturning Ravin. SENATOR FRENCH answered he is agnostic on that point. The government isn't interested in prosecuting people for simple possession. The basis of SB 74 could overturn Ravin. 4:46:55 PM MR. GUANELI pointed out most simple possession cases are almost always those of using marijuana while driving. 4:50:19 PM MR. GUANELI disagreed with Senator French's amendment and stated it does not address the situation where young people are selling to other young people. By making that a felony offense sends a message loud and clear. 4:53:10 PM SENATOR FRENCH pointed out it is currently a crime to sell marijuana to anyone. 4:56:59 PM CHAIR SEEKINS announced he would allow the committee members time to consider Senator French's CS. The committee would take up SB 74 at a later date.