SB 17-SYNTHETIC CANNABINOIDS  2:38:28 PM CHAIR FRENCH announced the consideration of SB 17. SENATOR KEVIN MEYER, sponsor of SB 17, introduced the bill paraphrasing the following sponsor statement : SB 17 would classify certain synthetic cannabinoids, commonly known as K2 or Spice as a schedule IIA controlled substance. This new drug is dangerous, cheap and legally available. Sold in smoke shops and gas stations as incense, it is marketed to people who are interested in herbal alternatives to cannabis. Synthetic cannabinoids are inexpensive, accessible and undetectable in drug tests. Here in Alaska, the drug enjoys some popularity amongst North Slope workers, U.S. Military members and students. The U.S. Drug Enforcement Administration, Municipality of Anchorage and the U.S. Military have all taken action to control and prohibit use of this drug. Synthetic cannabinoid is abused mainly by smoking or prepared as drink. Users experience severe adverse reactions including hallucinations, nausea, vomiting, agitation, and panic attacks. The chemical composition of synthetic cannabinoids is considerably more potent to tetrahydrocannabinol or THC, the active ingredient in marijuana). Eleven states have passed legislation classifying synthetic marijuana as a controlled Substance. Twenty one states, including Alaska, have introduced similar legislation. Should SB 17 pass, it will be unlawful to sell, use, purchase, possess, manufacture, transport or deliver synthetic cannabinoids. 2:44:18 PM SENATOR MEYER noted the letters of support from the City of Anchorage, the Mental Health Board, and numerous public safety groups. SENATOR WIELECHOWSKI asked for his thought process in classifying this as a schedule IIA controlled substance. SENATOR MEYER said the Anchorage municipal prosecutor recognizes that a Schedule III classification might be more in line with the substance itself and therefore more likely to be enforced and prosecuted, but he favors the tougher felony sentencing under Schedule II. He deferred to the committee to decide which classification would be most appropriate. CHAIR FRENCH asked if the Municipality of Anchorage classifies drugs or prescribes either an A or B misdemeanor. SENATOR MEYER replied there's a $50 fine for the first violation and $300 for the second. CHAIR FRENCH pointed out that the options range from a traffic ticket sort of penalty to a serious felony. SENATOR WIELECHOWSKI asked if there's a way to test that someone was driving under the influence of a synthetic cannabinoid; and could a person be arrested for driving under the influence of this substance given the current DUI laws. 2:48:21 PM SENATOR MEYER said that's part of the current frustration. Officers know that these drivers are impaired, but they aren't intoxicated so proof is difficult. He noted that the crime lab submitted a fiscal note asking for one additional position and some money to begin testing for synthetic cannabinoids. 2:49:24 PM CHRISTINE MARASIGAN, staff to Senator Meyer, added that the municipal prosecutor has said that synthetic cannabinoids don't show up on the normal drug panel, but there are ways to test for it. The real frustration for law enforcement is that this isn't a controlled substance so there is no recourse for follow-up when a driver is obviously impaired. CHAIR FRENCH recalled reading about cases involving bad driving near the entrance to the military base in Anchorage. MS. MARASIGAN confirmed that there were several highly publicized instances of people in Anchorage driving under the influence of synthetic cannabinoids. These cases spurred the municipality to pass an ordinance banning it. 2:51:59 PM ANNE CARPENETI, Assistant Attorney General, Criminal Division, Department of Law (DOL), said DOL believes it's a good idea to schedule this drug, but it does have concern that it get into the right schedule. Generally, the Legislature uses scientific rather than anecdotal evidence to schedule a drug according to the harm it does to the individual and the public. But DOL hasn't heard any scientific evidence to indicate one particular schedule over another, and it would be up to the department to defend the classification on a Raven type challenge because these are cannabinoids. While there's been testimony that it is more potent than marijuana, that's anecdotal at this point. She suggested the committee consider that marijuana is currently a schedule VIA drug and that schedule III currently has a couple of other similar synthetic cannabinoids. Right now, it's not illegal to use these substances; if they're put in schedule II, possession of any amount would be a felony. Scientific justification should be in the legislative record. SENATOR PASKVAN asked if it would be a violation of the DUI statute if someone were to consume synthetic alcohol. He added that it's in powered form. MS. CARPENETI said she had never heard of synthetic alcohol, but she did know that the ABC Board doesn't control powdered alcohol. 2:55:24 PM SENATOR WIELECHOWSKI asked why she thinks the supreme court would say that Raven would not apply to this substance. MS. CARPENETI said DOL's concern is that the court would question why it's in schedule II if it's a synthetic form of marijuana. CHAIR FRENCH said even if it's Raven qualified a person could only use small amounts at home; someone who drives after using marijuana is guilty of DWI. MS. CARPENETI agreed. SENATOR WIELECHOWSKI asked where DOL believes this belongs in the schedule. MS. CARPENETI replied it would be more logical if it were in schedule III because the synthetic cannabinoids nabilone and marinol, as well as hash, hashish oil and tetrahydrocannabinols are already in Schedule IIIA. 2:58:48 PM SENATOR WIELECHOWSKI asked if every year the Legislature could expect to add to the schedules as new compounds are developed. CHAIR FRENCH asked how quickly these sorts of compounds evolve. If these are outlawed will there be a new formulation of K2 on the market in six months? MS. CARPENETI replied she wouldn't be surprised if that were to happen. 2:59:42 PM QUINLAN STEINER, Public Defender, Public Defender Agency, stated that he too is concerned about the proposed schedule IIA classification because the very lowest level of possession would be a class C felony. He pointed out that there doesn't appear to be any record establishing departure from marijuana as schedule VIA or synthetic cannabinoids as schedule IIA, and departing without an adequate record ultimately compromises the credibility of the system. He noted that previous testimony indicated that this particular substance is a problem because it's legal to sell in shops and that making it illegal would likely solve the problem. Whoever makes this material will move on to make another substance. He again cautioned against departing from what is currently a VIA of IIIA controlled substance. CHAIR FRENCH said he gets the point; it will disappear once merchants stop carrying it. SENATOR WIELECHOWSKI asked if the public defender office sees many cases involving these substances. MR. STEINER answered no; he only heard about it three or four months ago. 3:02:03 PM CHAIR FRENCH announced that he would hold public testimony open. SENATOR WIELECHOWSKI said he'd like to have a policy discussion on the record about where the state is headed with regard to the control of these sorts of substances. CHAIR FRENCH announced he would hold SB 17 in committee.