SB 173-SYNTHETIC DRUGS  1:55:57 PM CHAIR COGHILL announced the consideration of SB 173. "An Act relating to a prohibition on the offer, display, marketing, advertising for sale, or sale of illicit synthetic drugs." This was the first hearing. He noted the proposed committee substitute, Version N. He welcomed Senator Egan to the committee. 1:56:37 PM SENATOR DYSON moved to adopt CS for SB 173, labeled 28-LS1242\N, as the working document. CHAIR COGHILL objected for purposes of an explanation. SENATOR KEVIN MEYER, Alaska State Legislature, Juneau, Alaska, sponsor of SB 173, deferred to his staff to explain the changes found in the committee substitute. 1:57:34 PM EDRA MORLEDGE, Staff, Senator Kevin Meyer, highlighted the changes between the new CS and Version A for SB 173. The first change, found on page 3, lines 16-25, changes the enforcement agency from the Department of Health and Social Services (DHSS) to the Department of Public Safety and identifies DHSS as the cooperating agency. The reasoning is that it is more appropriate for DPS to address this because it's a violation and civil infraction. The next change found on page 3, line 21, clarifies that the penalty for violation of this statute is a $500 fine. The next change, found on page 3, line 29, eliminates the definition of "department" as the Department of Health and Social Services (DHSS). The final change, found on page 4, line 10-16, clarifies that DHSS shall cooperate with DPS. 1:59:50 PM SENATOR WIELECHOWSKI asked if the definition of synthetic drugs would include nicotine for e-cigarettes. MS. MORLEDGE said she didn't know but there is an FDA ruling that nicotine falls under the Homeopathic Pharmacopeia of the United States, which is included in the statutory definition of "drug." SENATOR WIELECHOWSKI noted that Wasilla just rejected similar legislation and questioned whether it should be left to individual communities to decide. SENATOR MEYER said he believes that these substances are dangerous enough to warrant a statewide policy. He said he also believes that the Wasilla Assembly will have a different outcome when it votes again. SENATOR WIELECHOWSKI asked for clarification that this ordinance is already on the books in Anchorage. SENATOR MEYER said that's correct. 2:02:49 PM SENATOR DYSON expressed appreciation for the balance the legislation strikes. SENATOR MEYER refreshed the committee's recollection of the bill, speaking to the following sponsor statement: {Original punctuation provided.] SB 173 intends to help solve the problem of the ever changing chemical make-up of synthetic drugs by targeting the packaging of the product, and is aimed not at what the illicit drug is, but what it isn't. According to the National Institute on Drug Abuse, labels on these products often claim that they contain "natural" psycho-active material taken from a variety of plants. Sold at smoke shops, and gas stations as "incense" or "potpourri," easy access and the misperception that these products are "natural" and therefore harmless, have likely contributed to their popularity. SB 173 will make it illegal to sell these designer drugs that are packaged as "spice," "potpourri," or a variety of other misleading labels. Senate Bill 173 would prohibit the offer, display, marketing, advertising for sale, or sale of illicit synthetic drugs. The Legislature has made several attempts to prohibit the use of synthetic illicit drugs by classifying certain known chemical compounds as controlled substances. Unfortunately, what we're seeing as a result of this and similar efforts by the federal government, is that manufacturers simply change the chemical compound slightly, thus evading law enforcement efforts. With the passage of SB 173, it will be considerably more difficult, if not impossible, for the sale or distribution of these synthetic illicit drugs state- wide. He pointed out that this is a civil rather than criminal penalty, so it doesn't overload the courts. In the short time the ordinance has been in effect in Anchorage, the results have been very positive, he said. 2:08:13 PM CHAIR COGHILL asked what duties the Department of Public Safety and the Department of Health and Social Services (DHSS) each would carry out. SENATOR MEYER said originally DHSS was asked to do enforcement because they are statutorily involved with labeling, but he determined that (DPS) was more appropriate to do enforcement. 2:09:13 PM SENATOR WIELECHOWSKI asked if there was a conscience effort not to include possession or manufacture. MS. MORLEDGE explained that criminal statute AS 11.73 already imposes a class C felony penalty for the manufacture, delivery, possession, or possession with the intent to deliver an imitation controlled substance. SENATOR WIELECHOWSKI observed that possession or manufacture is a felony but selling the same imitation controlled substance is a $500 fine. MS. MORLEDGE agreed that is how the existing statute and the proposed legislation are crafted. SENATOR WIELECHOWSKI said the Department of Law would probably have something to say because they're always concerned about lesser included offenses. Having possession of an imitation controlled substance in a store seems to imply ownership and this legislation essentially reduces the penalty to $500, which may or may not be something the legislature wants to do. SENATOR MEYER said he chose this route to provide flexibility. CHAIR COGHILL expressed interest in hearing from the Department of Law at the next hearing. 2:11:55 PM SENATOR OLSON asked how the bill affects the situation in his district where residents order these products over the Internet. SENATOR MEYER said Internet purchases are federal jurisdiction, but VPSOs have the same authority as police officers and could issue the $500 citation per package. 2:13:17 PM SENATOR WIELECHOWSKI pointed out inconsistencies with the definition of synthetic drug in Section 1, paragraph (2). He also expressed concern that the more general definition criminalizes things like synthetic caffeine. SENATOR MEYER said he thought about that and there is some concern, but the reality is that the police won't cite somebody for possessing or using synthetic caffeine. He opined that they'll instead go after items that are harmful to society and cause a public nuisance. SENATOR WIELECHOWSKI responded that he's always cautious about giving police discretion to arrest someone when lawmakers have an opportunity to provide clarity. CHAIR COGHILL commented that the flexibility in this law could result in a claim of harassment, but the opposing view is that this could be a worthwhile tool. SENATOR MEYER agreed it is a delicate balance. CHAIR COGHILL commented on the cultural discussion associated with the marijuana initiative. SENATOR DYSON maintained that a lot of due process is available to anyone who is charged under this legislation. 2:18:46 PM CHAIR COGHILL announced he would hold SB 173 in committee for further consideration.