SB 173-SYNTHETIC DRUGS    2:28:41 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 second hearing. He noted the proposed committee substitute (CS). 2:29:12 PM SENATOR DYSON moved to adopt committee substitute (CS) for SB 173, labeled 28-LS1242\C, as the working document. CHAIR COGHILL objected for an explanation. 2:29:37 PM EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State Legislature, Juneau, Alaska, introduced the two substantive changes found in Version C of SB 173. · On page 1, line 1, the word "possession" was added so it's one of the prohibited actions with illicit synthetic drugs. That word was also added on page 1, line 5. This clarifies the sponsor's intent that possession is illegal. · Paragraph (F) on page 2 of the previous Version N was removed entirely. It spoke to the actions of a person rather than to the characteristics of the synthetic drug. 2:31:58 PM CHAIR COGHILL removed his objection and Version C was adopted. MS. MORLEDGE addressed the concern about making illegal the sale of legitimate substances that are purported to be an illicit synthetic drug. The bill requires a synthetic drug to meet two criteria for it to be deemed an illicit synthetic drug. First, it must meet one of the criteria set forth on page 1 in subsection (b)(1)(A),(B), or (C). Then it must meet one or more of criteria in subsection (b)(2)(A)-(G), found on page 1, line 31, through page 3, line [5]. 2:33:42 PM SENATOR WIELECHOWSKI stated support for the changes. He directed attention to page 2, line 19 through page 3, line 4, and asked the Department of Law if it's appropriate for a prosecution to be based on a street name. 2:35:48 PM ANNE CARPENETI, Assistant Attorney General, Criminal Division, Legal Services Section, Department of Law, said it might be a difficult element to prove, but she would defer to the sponsor in that regard. MS. MORLEDGE explained that the substances that are listed are known packaging labels and by listing them they're immediately illegal. MS. CARPENETI suggested the sponsor consider adding that the substance is labeled as or has one of the street names listed in paragraph (G). 2:37:29 PM SENATOR OLSON joined the committee. CHAIR COGHILL agreed with the suggestion. 2:37:49 PM KELLI FARQUER, representing herself, Florida, shared the personal tragedy of losing her son when he used a synthetic drug. She said his death could have been avoided if he'd known the substance was dangerous, but kids believe the substances are safe because they're readily available in the retail market for a relatively small amount of money. She urged the committee to pass the legislation and save lives in the future. SENATOR WIELECHOWSKI asked if this would undermine current law that provides higher penalties for possession. MS. CARPENETI pointed out that this law and the artificial controlled substances law in AS 11.73 have different elements, but the concern would be to avoid any overlap. SENATOR WIELECHOWSKI recalled legislation passed last year imposed a harsher penalty for possession. MS. MORLEDGE said that Sec. 11.73.010, the manufacture or delivery of an imitation controlled substance, speaks to the compounds in the substance and targets trafficking, whereas SB 173 targets labeling. SENATOR WIELECHOWSKI asked if SB 173 specifies an amount or any possession. MS. MORLEDGE replied it's any possession. SENATOR WIELECHOWSKI observed that if somebody possesses, there will be a conflict in law. 2:44:09 PM MS. CARPENETI clarified that if somebody possesses with intent to deliver it's a violation of the imitation controlled substance law. If somebody mislabels and possesses, it's a violation of the illicit synthetic drug law in SB 173. SENATOR WIELECHOWSKI continued to express concern. MS. CARPENETI said she understood the concern. CHAIR COGHILL suggested a conceptual amendment. MS. MORLEDGE agreed to the suggestion. 2:46:05 PM CHAIR COGHILL moved to adopt conceptual Amendment 1. Amendment 1  Page 2, line 19, following "drug": Insert "is labeled as or" Finding no objection, conceptual Amendment 1 was adopted. SENATOR WIELECHOWSKI asked if the amendment satisfied the Department of Law's concern. MS. CARPENETI replied she would also suggest on page 1, line 7, following "if" adding "it is labeled and the label" because it doesn't otherwise require a label. SENATOR COGHILL disagreed, pointing out that "the label" is on the following line 8. 2:47:45 PM SENATOR WIELECHOWSKI agreed with Ms. Carpeneti's point about labeling. He referenced page 1, lines 7-12, and questioned what could be proved if the substance didn't have a label. MS. CARPENETI agreed that was her concern. CHAIR COGHILL opined that there wasn't ambiguity. SENATOR WIELECHOWSKI predicted that a clarifying bill would be introduced next year. CHAIR COGHILL found no further questions or comments and solicited a motion. 2:49:27 PM SENATOR DYSON moved to report SB 173, as amended, from committee with individual recommendations and attached fiscal note(s). 2:49:53 PM CHAIR COGHILL announced that without objection, CSSB 173(JUD) was reported from the Senate Judiciary Standing Committee.