Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/11/2015 01:30 PM Senate JUDICIARY

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01:34:03 PM Start
01:34:24 PM SB30
02:57:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 30 Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Bills Previously Heard/Scheduled
        SB  30-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                    
1:34:24 PM                                                                                                                    
CHAIR MCGUIRE  announced the  consideration of  SB 30.  [CSSB 30,                                                               
labeled 29-LS0231\I  was before the committee.]  She reviewed the                                                               
agenda and the invited testifiers.                                                                                              
1:36:25 PM                                                                                                                    
AMY SALTZMAN,  Aide to the  Senate Judiciary Committee  and Staff                                                               
to Senator McGuire, introduced herself.                                                                                         
1:36:28 PM                                                                                                                    
JORDAN  SHILLING,  Staff  to  Senator  John  Coghill,  introduced                                                               
SENATOR  COGHILL  informed  the   committee  that  he  asked  Ms.                                                               
Saltzman and Mr. Shilling to  read through the first 2-3 sections                                                               
to show how they conform and then move on to the new crimes.                                                                    
MS. SALTZMAN reviewed the sectional  analysis for Sections 1-4 of                                                               
SB 30, version I.                                                                                                               
        Section 1 Amends AS 02.30.030(b) Operation of an                                                                      
     aircraft under the influence.                                                                                              
     A person cannot operate an aircraft with a crew member                                                                     
     or passenger who is intoxicated.                                                                                           
     Adds "marijuana."                                                                                                          
     Section 2 Amends AS 04.16.050(e) Possession, control,                                                                    
     or consumption by a person under the age of 21.                                                                            
     Requires the court to prohibit the use of alcohol as a                                                                     
     condition of probation.                                                                                                    
     Adds "marijuana."                                                                                                          
    Section   3   Amends   AS   05.45.100(c)   Duties   and                                                                   
     responsibilities of skiers.                                                                                                
      Prohibiting the use of a tramway, ski slope or trail                                                                      
     under the influence.                                                                                                       
     Adds "marijuana."                                                                                                          
       Section 4 Amends AS 08.68.270 Grounds for denial,                                                                      
     suspension, or revocation.                                                                                                 
       Grounds for denial, suspension, or revocation of a                                                                       
     nursing license for habitual use of alcohol.                                                                               
     Adds "marijuana."                                                                                                          
SENATOR COGHILL  suggested Ms.  Saltzman move  past the  first 44                                                               
sections unless members had questions.                                                                                          
CHAIR  MCGUIRE  clarified  that  these  changes  are  being  made                                                               
because marijuana is being removed  as a controlled substance and                                                               
will be regulated the same way as alcohol.                                                                                      
1:41:04 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he didn't object  to Senator Coghill's                                                               
proposal but  some sections may  cause concern because  there are                                                               
some differences  between drug and  alcohol abuse and the  use of                                                               
marijuana.   Section  4,   for  example,   talks  about   license                                                               
revocation for someone who  habitually abuses alcoholic beverages                                                               
or marijuana.  He questioned  how it would  apply to  someone who                                                               
uses medical  marijuana and  if it would  be considered  abuse if                                                               
someone used it  every day. Section 26  provides another example.                                                               
A  judicial officer  may require  a  person to  refrain from  the                                                               
consumption of alcoholic  beverages or marijuana. If  a person is                                                               
using  marijuana that  is prescribed  for medical  purposes, this                                                               
allows a judge to deny that use.                                                                                                
CHAIR MCGUIRE  summarized the concern. A  prior initiative passed                                                               
that  allowed   for  the  use   of  medical  marijuana   but  the                                                               
legislature did not fully implement  the law. The question is how                                                               
these uses would interplay with medical marijuana.                                                                              
1:43:10 PM                                                                                                                    
HILARY  MARTIN, Legal  Drafter,  Legislative  Legal and  Research                                                               
Services,  Legislative  Affairs  Agency, stated  that  the  issue                                                               
existed when  marijuana was a  controlled substance.  She advised                                                               
that it is still a bit of  an open question but the defense would                                                               
cover anyone who is charged  with a marijuana crime. She directed                                                               
attention to  page 37 where  the affirmative defense  that exists                                                               
in statute is moved into Sec. 17.38.300.                                                                                        
1:44:15 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he  didn't think  that would  apply to                                                               
the sections  he pointed  out because  Sec. 17.38.300  relates to                                                               
MS. MARTIN  agreed and  reiterated that it  was a  problem before                                                               
and the bill doesn't fix the issue.                                                                                             
CHAIR MCGUIRE  said it would be  a policy call to  amend the bill                                                               
to  insert  "notwithstanding the  use  of  medical marijuana"  as                                                               
opposed to keeping the affirmative defense in Sec 17.38.300.                                                                    
1:46:29 PM                                                                                                                    
SENATOR COSTELLO questioned  why the reference to  a schedule VIA                                                               
controlled  substance   appears  on  page  13,   lines  13-16  if                                                               
marijuana is removed as a controlled substance in statute.                                                                      
MS. MARTIN responded  that it's drafted that way  in criminal law                                                               
to preserve the numbering of  statutes. If sections are bracketed                                                               
and renumbered it  can be an issue when looking  at court records                                                               
because the  crimes look different for  previous convictions. The                                                               
subsections  that  contain  a  reference   to  a  VIA  controlled                                                               
substance are in the repealer section.                                                                                          
SENATOR COSTELLO asked where the repealer section is located.                                                                   
MS. MARTIN replied it's on page 91 Section 160.                                                                                 
Responding  to  a drafting  question  from  Senator Coghill,  she                                                               
confirmed that  after the  bill passes  those sections  will show                                                               
they are repealed.                                                                                                              
SENATOR WIELECHOWSKI directed attention to  Section 42 on page 25                                                               
and asked if the provision would  generate a fiscal note. It adds                                                               
alcohol   and  marijuana   to   the   educational  programs   the                                                               
commissioner  of  health  and  social  services  is  required  to                                                               
provide to deter abuse.                                                                                                         
MS. SALTZMAN said she asked the  question but has not received an                                                               
SENATOR COSTELLO  described an educational program  from Colorado                                                               
to  deter  marijuana abuse.  She  asked  if the  committee  might                                                               
entertain  a   conversation  about  expanding  that   to  include                                                               
information about  the law and what  conduct is and is  not legal                                                               
with regard to marijuana use and possession.                                                                                    
1:51:57 PM                                                                                                                    
MR. SHILLING reviewed Section 45.                                                                                               
     Section 45  Amends AS 17.38.070(a) Lawful  operation of                                                                  
     marijuana - related facilities.                                                                                            
     Establishes that a person 21  years of age or older may                                                                    
     own,  operate, be  an  agent  of or  be  employed by  a                                                                    
     retail marijuana  store with  a valid  registration and                                                                    
     perform all  of the  related duties and  activities and                                                                    
     not be  prosecuted for  it or  have it  be a  basis for                                                                    
     seizure or  forfeiture. Language from Ballot  Measure 2                                                                    
     with the exception of  the phrase: "NOTWITHSTANDING ANY                                                                    
     OTHER PROVISION OF LAW"  and other stylistic clarifying                                                                    
He noted that the clause  "notwithstanding any other provision of                                                               
law" was not  included in the next five sections  of the bill. He                                                               
suggested  that  Ms. Martin  discuss  why  that clause  could  be                                                               
MS. MARTIN said the phrase generally is avoided in statutes                                                                     
because it can cause confusion and conflict.                                                                                    
SENATOR COGHILL summarized the reason for removing the phrase.                                                                  
MS. MARTIN agreed that the language potentially would have                                                                      
nullified the criminal laws and penalties associated with the                                                                   
actions in Section 45.                                                                                                          
1:54:13 PM                                                                                                                    
MR. SHILLING began a review of Section 50.                                                                                      
     Section 50                                                                                                               
     AS  17.38.200. Misconduct  involving  marijuana in  the                                                                  
     first degree.                                                                                                            
     A person  commits the crime  of MIM in the  1st degree,                                                                    
     which is a class A misdemeanor, if they:                                                                                   
      - Possess marijuana with an aggregate weight of more                                                                      
      than four ounces                                                                                                          
     - Possess 25+ plants                                                                                                       
     - Manufacture or deliver more than one ounce.                                                                              
     -  Deliver any  amount to  a person  under 21  years of                                                                    
     age, who  is not  a patient  registered under  AS 17.37                                                                    
     (medical marijuana statutes).                                                                                              
     - Manufacture "butane hash" without a license.                                                                             
     -  Are  a  marijuana  establishment and  allows  for  a                                                                    
     person under the  age of 21 to enter and  remain in the                                                                    
        facility; allow the use of marijuana; or deliver                                                                        
     marijuana to a person under the age of 21.                                                                                 
He  acknowledged  that  there  is   a  question  about  the  term                                                               
CHAIR  MCGUIRE  advised that  a  class  A misdemeanor  carries  a                                                               
maximum fine of $10,000 and a potential jail time of 0-1 year.                                                                  
SENATOR  COGHILL stated  that this  section  specifies more  than                                                               
four ounces because of the Ravin case.                                                                                          
MR.  SHILLING acknowledged  that  there is  some  question as  to                                                               
which case allows possession of up to 25 plants.                                                                                
SENATOR COGHILL asked how many  plants are currently permitted in                                                               
the home.                                                                                                                       
MR. SHILLING replied  it is a violation to have  from 7-24 plants                                                               
and a misdemeanor to have 25 or more.                                                                                           
1:57:09 PM                                                                                                                    
SENATOR WIELECHOWSKI  referred to page  30, lines 1-3,  and asked                                                               
why water-based extraction is not included in Sec. 17.38.200.                                                                   
MR.  SHILLING replied  the intention  is  to exclude  the use  of                                                               
solvents that might be flammable.                                                                                               
SENATOR  WIELECHOWSKI  asked if  the  language  in paragraph  (4)                                                               
includes water-based extraction.                                                                                                
MS. MARTIN  said it's a  possibility, but it isn't  clear because                                                               
the term solvent isn't defined.                                                                                                 
SENATOR WIELECHOWSKI  asked if she  agrees that it's a  good idea                                                               
to clarify the matter.                                                                                                          
MS. MARTIN said  it should be included if the  committee wants to                                                               
make  it clear  that a  person could  use water-based  extraction                                                               
SENATOR  COGHILL  offered  his understanding  that  manufacturing                                                               
"butane hash" in  the home is volatile. He  questioned whether it                                                               
needs to be defined.                                                                                                            
MR.  SHILLING  said the  bill  specifies  that  a person  who  is                                                               
registered or  licensed is not  prohibited from using  a solvent-                                                               
based extraction method for manufacturing "butane hash." He                                                                     
admitted that the sectional does not make that clear.                                                                           
2:00:52 PM                                                                                                                    
MR. SHILLING reviewed AS 17.38.210.                                                                                             
     AS  17.38.210. Misconduct  involving  marijuana in  the                                                                  
     second degree.                                                                                                           
     A person  commits the crime  of MIM in the  2nd degree,                                                                    
     which is a class B misdemeanor, if they are:                                                                               
     - In possession of 7-24 plants.                                                                                            
     -  Unlicensed   and  deliver  more  than   1  ounce  of                                                                    
     marijuana and  6 immature plants,  1 ounce or  less for                                                                    
     remuneration,   or  up   to  6   immature  plants   for                                                                    
     - Selling any amount of marijuana without a license.                                                                       
MR. SHILLING noted that he misspoke earlier when he said that                                                                   
possession of 7-24 plants was a violation.                                                                                      
CHAIR MCGUIRE advised that a class B misdemeanor carries a                                                                      
maximum fine of $2,000 and a potential jail time of 0-90 days.                                                                  
MR. SHILLING reviewed AS 17.38.220                                                                                              
     AS  17.38.220. Misconduct  involving  marijuana in  the                                                                  
     third degree.                                                                                                            
     A person  commits the crime  of MIM in the  3rd degree,                                                                    
     which is a violation, if he/she:                                                                                           
     -  Manufactures  marijuana  in  a  location  where  the                                                                    
     plants   are   in   public  view,   not   secure   from                                                                    
     unauthorized access,  or on property not  in possession                                                                    
     of  the  person  or  without consent  of  the  property                                                                    
     - Is under  21 and attempts to  purchase marijuana with                                                                    
     false  identification, or  otherwise misrepresents  the                                                                    
     person's age.                                                                                                              
     -  Is under  18 and  possesses, uses,  or displays  one                                                                    
     ounce or less of marijuana.                                                                                                
     - Possesses 1.01 ounces up to four ounces.                                                                                 
SENATOR COGHILL asked if the provision relating to a person                                                                     
under age 18 aligns with the statutory provisions for alcohol                                                                   
for a person under age 18.                                                                                                      
MR. SHILLING answered  no; it becomes a class  B misdemeanor when                                                               
a minor under age 18 possesses alcohol three or more times.                                                                     
SENATOR WIELECHOWSKI asked what the punishment is.                                                                              
CHAIR MCGUIRE advised that a  violation carries a maximum fine of                                                               
$500 and no jail time.                                                                                                          
SENATOR  COSTELLO asked  if a  violation  would go  on a  minor's                                                               
MS. SALTZMAN replied a violation for  a minor is treated the same                                                               
as for an adult. She deferred further explanation to Ms. Meade.                                                                 
CHAIR MCGUIRE  explained that the  goal is to divert  behavior so                                                               
the  idea  is to  move  towards  a  violation  versus a  class  B                                                               
2:05:04 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative Director,  Alaska Court  System, stated  that                                                               
the  court is  neutral on  the bill.  Addressing the  question of                                                               
keeping  some records  confidential, she  explained that  in this                                                               
draft somebody  under age  18 who  is charged  with the  crime of                                                               
misconduct  involving marijuana  in the  first and  second degree                                                               
would be  adjudicated as a  juvenile delinquent. Those  cases are                                                               
confidential  and  the  juvenile's   name  would  not  appear  on                                                               
In  the  current draft,  misconduct  involving  marijuana in  the                                                               
third  and fourth  degree are  violations. Violations  are termed                                                               
minor offenses (mo) for court  processing reasons and are public.                                                               
They are  not confidential. If  a person  under age 18  commits a                                                               
crime, they generally are under  the jurisdiction of the Division                                                               
of Juvenile  Justice (DJJ), but  DJJ does not have  the authority                                                               
to prosecute  violations so  the minor would  be treated  like an                                                               
adult. His or  her name would be on CourtView  and the case would                                                               
not  be  confidential.  She  noted  that  the  legislature  could                                                               
certainly decide to make those cases confidential.                                                                              
SENATOR COSTELLO  expressed concern about protections  for minors                                                               
and suggested the committee revisit the penalties.                                                                              
MS. MEADE  restated that the legislature  could draft legislation                                                               
to make certain violations confidential,  but under current law a                                                               
17-year-old  who gets  a  speeding ticket  will  have their  name                                                               
appear on CourtView  with a case suffix of mo  for minor offense.                                                               
She  noted that  the current  draft of  the bill  has a  juvenile                                                               
delinquency provision on  pages [80-81] that lists  all the minor                                                               
offenses  (including  alcohol  offenses)  for which  a  minor  is                                                               
treated like an adult.                                                                                                          
SENATOR COSTELLO asked for clarification of minor offenses.                                                                     
MS. MEADE  explained that if  a 17-year-old received a  ticket it                                                               
would  be a  violation. In  the  bill those  would be  misconduct                                                               
involving marijuana in  the third and fourth  degree. Those cases                                                               
appear  on CourtView  and the  case suffix  is mo.  She clarified                                                               
that  a minor  offense  does  not refer  to  age;  it's that  the                                                               
offense is  less substantial  than a  major offense.  Clicking on                                                               
the suffix in CourtView will show the actual offense.                                                                           
SENATOR  COGHILL stated  that  a  misdemeanor is  a  crime and  a                                                               
violation is not.                                                                                                               
SENATOR MCGUIRE agreed and added  that Senator Costello's concern                                                               
is that it  may be a disproportionate penalty. In  the context of                                                               
the bill, a minor who is  charged with a marijuana violation will                                                               
have their name  appear on CourtView, but a minor  who is charged                                                               
with  a  marijuana crime  will  not.  She  asked the  members  to                                                               
consider adding  language in  the bill that  makes it  clear that                                                               
these violations for minors are to be held confidential.                                                                        
2:12:40 PM                                                                                                                    
SENATOR  WIELECHOWSKI stated  support for  clarifying that  these                                                               
violations  should not  appear  on CourtView.  He  added that  it                                                               
doesn't make sense  that the more serious crimes  are not public,                                                               
yet these  minor crimes are  public and will appear  on CourtView                                                               
forever. He asked if marijuana is  a barrier crime on the federal                                                               
level for future employment.                                                                                                    
MS. MEADE replied a sub-group  of the Criminal Justice Commission                                                               
is collecting that information, but she didn't know the answer.                                                                 
CHAIR MCGUIRE said  it's a good point since  marijuana is treated                                                               
differently at the federal level.                                                                                               
2:14:27 PM                                                                                                                    
SENATOR COGHILL  argued that it  is a significant reproof  and it                                                               
will get a minor's attention if  they are caught and ticketed for                                                               
a  violation. "To  me  the  reproofs for  youngsters  need to  be                                                               
there." It  will be  on CourtView  but it's not  as damning  as a                                                               
criminal penalty, he opined.                                                                                                    
SENATOR  COSTELLO   stressed  the  importance   of  understanding                                                               
precisely what  the bill does  in order  to make a  better policy                                                               
SENATOR WIELECHOWSKI  said he believes it's  important to correct                                                               
the behavior when a child makes  a mistake, but the current draft                                                               
imposes more  than a slap on  the wrist. His perspective  is that                                                               
it's a bad policy call.                                                                                                         
MS. MEADE suggested  the committee look at paragraph  (5) on page                                                               
81, lines 4-6.  It is the current statute for  minor consuming or                                                               
possession of alcohol. Those are currently on CourtView.                                                                        
SENATOR  WIELECHOWSKI  stated  that  it's  time  to  rethink  the                                                               
punishments for minor consuming and possession.                                                                                 
2:19:12 PM                                                                                                                    
CHAIR MCGUIRE  said that  whatever policy  decision is  made with                                                               
respect  to the  violations that  appear on  CourtView, it  makes                                                               
sense to consider what's on page 81, paragraph (5).                                                                             
MS. SALTZMAN continued the review of Section 50.                                                                                
     AS  17.38.230. Misconduct  involving  marijuana in  the                                                                  
     fourth degree.                                                                                                           
     A person  commits the crime  of MIM in the  4th degree,                                                                    
     which is a violation, if they:                                                                                             
     - Are  over 21  and use  any amount  of marijuana  in a                                                                    
     public place                                                                                                               
     -  Are between  18-20 and  use, display,  or possess  1                                                                    
     ounce or less of marijuana.                                                                                                
She noted that  the definition for "public place" is  the same as                                                               
in current statute.                                                                                                             
SENATOR WIELECHOWSKI  asked if  MIM 4  violations will  appear on                                                               
MS. SALTZMAN answered yes. She continued to review Section 50.                                                                  
     AS 17.38.240. Proof of registration  to be exhibited on                                                                  
     demand; penalty.                                                                                                         
     Requires a licensee  to have a copy  of their marijuana                                                                    
     license at  all times  when transporting more  than one                                                                    
     ounce of  marijuana, and shall  present the  license on                                                                    
     demand by a peace officer.                                                                                                 
     AS 17.38.250. Bail forfeiture for certain offenses.                                                                      
     Requires  the court  to make  a bail  schedule allowing                                                                    
     defendants  to pay  the fine  for violations  without a                                                                    
     court  appearance for  MIM 3rd  (AS 17.38.220)  and MIM                                                                    
     4th (AS 17.38.230.)                                                                                                        
     AS  17.38.260.  Aggregate   weight  of  live  marijuana                                                                  
     For purposes  of calculating the aggregate  weight of a                                                                    
     marijuana plant,  the weight shall be  1/6th the weight                                                                    
     of the plant after the roots have been removed.                                                                            
     AS 17.38.270. Rehabilitation.                                                                                            
     A person  convicted of misconduct  relating to  the use                                                                    
     of  marijuana may  be committed  to  the Department  of                                                                    
     Corrections for treatment for not more than one year.                                                                      
MS. SALTZMAN noted that this provision needs to be removed                                                                      
because it doesn't apply.                                                                                                       
     AS  17.38.280. Restriction  on prosecution  for certain                                                                  
     persons in connection with a marijuana overdose.                                                                         
     A person  may not  be prosecuted for  certain marijuana                                                                    
     crimes if  that person,  in good faith,  sought medical                                                                    
     or  law   enforcement  assistance  for   themselves  or                                                                    
     another   person  who   is  experiencing   a  marijuana                                                                    
     AS 17.38.290. Forfeitures and seizures.                                                                                  
     Provides and  establishes a  process for  forfeiture of                                                                    
     marijuana  and  other  assets   upon  violation  of  AS                                                                    
     17.38.200 - 17.38.230.                                                                                                     
MS. SALTZMAN advised that the foregoing section needs to be                                                                     
rewritten or eliminated.                                                                                                        
     AS  17.38.300.  Affirmative  defense to  a  prosecution                                                                  
     under   AS   17.38.200-17.38.230;    medical   use   of                                                                  
     Establishes  an affirmative  defense  in  Title 17  for                                                                    
     certain  conduct  by  medical  marijuana  patients  and                                                                    
MS. SALTZMAN reviewed Section 51.                                                                                               
     Section 51 Amends AS 17.38.900(6) Definitions                                                                            
     Provides the definition of marijuana.                                                                                      
MS.  SALTZMAN said  the definition  that was  used in  the ballot                                                               
initiative  was  amended  to  delete   the  word  "salt."  A  few                                                               
stylistic changes were also made.                                                                                               
2:24:51 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  Ms.  Martin to  clarify  whether  a                                                               
person who  uses medical  marijuana has  to mount  an affirmative                                                               
defense to prove that possession is legal.                                                                                      
MS. MARTIN responded that the  affirmative defense language in AS                                                               
11.71 for medical  marijuana patients was moved to  AS 17.38. She                                                               
added  that neither  a  medical marijuana  patient  nor a  parent                                                               
caregiver  would have  an issue  with possession  of less  than 1                                                               
SENATOR  WIELECHOWSKI asked  for  clarification  that this  would                                                               
only  apply  to the  sections  previously  discussed where  there                                                               
could be over 1 ounce.                                                                                                          
MS. MARTIN said  that's correct; if there is  no crime associated                                                               
with the possession there is no need to have a defense.                                                                         
SENATOR  COSTELLO asked  how an  affirmative defense  for medical                                                               
marijuana works.                                                                                                                
CHAIR MCGUIRE asked Ms. Schroeder to address the question.                                                                      
2:28:48 PM                                                                                                                    
KACI SCHROEDER,  Assistant Attorney  General, Department  of Law,                                                               
explained  that  the   normal  course  of  events   is  that  the                                                               
prosecution is notified  that the defendant intends to  put on an                                                               
affirmative  defense. At  trial, the  burden of  proof is  on the                                                               
defendant to  prove his/her innocence  by a preponderance  of the                                                               
evidence  rather   than  beyond  a  reasonable   doubt  which  is                                                               
generally the burden of proof required for the prosecution.                                                                     
SENATOR  COGHILL  asked  if  first  there would  have  to  be  an                                                               
underlying crime,  and then the  affirmative defense  for medical                                                               
MS.  SCHROEDER  said  that's  correct.  She  added  that  Senator                                                               
Wielechowski brings  up a good  point that the  medical marijuana                                                               
statutes  do not  provide  any more  protection  in the  criminal                                                               
context than the initiative.                                                                                                    
SENATOR COGHILL  opined that the  mixed standard relating  to one                                                               
ounce and four ounces adds to the confusion.                                                                                    
CHAIR  MCGUIRE  drew a  parallel  between  possession of  medical                                                               
marijuana  and possession  of OxyContin  after shoulder  surgery.                                                               
She opined that  the likelihood of being charged with  a crime is                                                               
fairly low.                                                                                                                     
2:31:24 PM                                                                                                                    
MS. SALTZMAN reviewed Section 52.                                                                                               
     Section  52   Adds  a  new  section   to  AS  17.38.900                                                                  
     Adds definitions  for criminal  negligence, deliver(y),                                                                    
     knowingly,  manufacture,   marijuana  concentrate,  and                                                                    
     public place.                                                                                                              
MR.  SHILLING  added that  the  language  on  page 39,  line  11,                                                               
specifies that growing marijuana for  personal use is not part of                                                               
the definition of "manufacturing."                                                                                              
SENATOR WIELECHOWSKI asked Mr. Shilling  to discuss the reasoning                                                               
for  selecting  the definition  of  "public  place" given  in  AS                                                               
MR. SHILLING replied it was a  policy call to have all the crimes                                                               
on the books  point towards the same  comprehensive definition of                                                               
"public place."                                                                                                                 
SENATOR WIELECHOWSKI read the definition  of "public place" in AS                                                               
11.81.900(b)(53) and  suggested that  some people  would question                                                               
including apartment houses and businesses.                                                                                      
     (53) "public place"  means a place to  which the public                                                                    
     or  a  substantial  group of  persons  has  access  and                                                                    
     includes highways,  transportation facilities, schools,                                                                    
     places  of amusement  or business,  parks, playgrounds,                                                                    
     prisons, and  hallways, lobbies, and other  portions of                                                                    
     apartment houses  and hotels not constituting  rooms or                                                                    
     apartments designed for actual residence;                                                                                  
He asked where this definition is used.                                                                                         
MR. SHILLING deferred to Ms. Schroeder.                                                                                         
CHAIR MCGUIRE asked Ms. Schroeder  to also discuss whether or not                                                               
consumption  of alcohol  in a  public place  is treated  the same                                                               
MS. SCHROEDER advised  that there is no state  law that prohibits                                                               
alcohol  consumption  in public;  it  is  generally done  through                                                               
local ordinance.  She couldn't  give a  ready example  of another                                                               
crime that  refers to  public place  and wasn't  sure if  Title 4                                                               
defines it differently.                                                                                                         
CHAIR MCGUIRE asked Ms. Martin if she could answer the question.                                                                
2:35:54 PM                                                                                                                    
MS. MARTIN  confirmed that Title  4 does not use  "public place."                                                               
The  term is  used in  a handful  of criminal  statutes including                                                               
stalking in the second degree.                                                                                                  
SENATOR COGHILL  stated that the  term was  used in an  effort to                                                               
align with the initiative.                                                                                                      
CHAIR  MCGUIRE agreed  with Senator  Coghill that  the initiative                                                               
said  no marijuana  use  in  a public  place.  She described  the                                                               
current definition as a placeholder  and noted that the Alcoholic                                                               
Beverage Control (ABC) Board is looking for a definition.                                                                       
SENATOR  COGHILL  read the  initiative  language  that refers  to                                                               
public consumption of marijuana.                                                                                                
SENATOR  WIELECHOWSKI  noted  that  part  of  the  definition  of                                                               
"public  place" in  Title  11 includes  hallways.  He asked  what                                                               
constitutes a  hallway and  if that  it might  include part  of a                                                               
personal residence.                                                                                                             
MS. MARTIN clarified that it  is talking about hallways and lobby                                                               
areas in  an apartment  house or hotel,  not individual  rooms or                                                               
SENATOR  WIELECHOWSKI  asked  if  the  reference  to  "places  of                                                               
business"  would prohibit  setting up  a place  where people  can                                                               
smoke at an authorized business.                                                                                                
MS. MARTIN conceded  that "business" is not defined  and it would                                                               
require some drafting changes to allow marijuana establishments.                                                                
SENATOR COGHILL suggested that the  committee may have to develop                                                               
a  definition  because  smoking  tobacco   in  your  own  car  is                                                               
acceptable,  but some  people considered  a  car to  be a  public                                                               
CHAIR  MCGUIRE asked  Mr. Shulte  to discuss  what he  envisioned                                                               
when the term  "public place" was included in  the initiative and                                                               
how that fits in the context of the current draft.                                                                              
2:40:30 PM                                                                                                                    
BRUCE  SHULTE,  Spokesman,  Coalition  for  Responsible  Cannabis                                                               
Legislation  (CRCL),  stated  that  CRCL does  not  dispute  that                                                               
public consumption of  marijuana is unlawful, but  would like the                                                               
definition to be  expanded to provide a  little more flexibility.                                                               
He described  it as  an opportunity for  businesses to  allow the                                                               
consumption  of   marijuana  on   their  premises  the   same  as                                                               
establishments   that    can   serve   alcohol    under   varying                                                               
circumstances  and for  different durations,  and a  challenge to                                                               
make the distinction.                                                                                                           
CHAIR  MCGUIRE  asked  if  he had  additional  testimony  on  the                                                               
current draft.                                                                                                                  
2:42:15 PM                                                                                                                    
MR. SHULTE  said he would highlight  a few points in  the written                                                               
comments he  submitted. The  first is that  while he  agrees with                                                               
the intent  of AS  17.38.200(a)(4), he  would suggest  a specific                                                               
reference to  the use of  volatile or explosive gases  to extract                                                               
hash  or  hash  oil.  This would  allow  other,  completely  safe                                                               
extraction processes  such as ice  water or  dry ice that  a home                                                               
user might employ.                                                                                                              
He  then  highlighted  item  4)  on page  three  of  his  written                                                               
comments relating  to 17.38.200(a)(5).  He acknowledged  that the                                                               
rewrite  of  [Title 4]  isn't  before  the legislature  yet,  but                                                               
suggested  it might  be an  opportunity  to bring  the rules  for                                                               
marijuana into line with the  eventual rules for alcohol. In this                                                               
context, it  would become a  regulatory infraction rather  than a                                                               
criminal  act  for  a  person   working  in  a  retail  store  to                                                               
intentionally  or  unintentionally  sell marijuana  to  a  person                                                               
under age 21.                                                                                                                   
He  next  suggested  eliminating   AS  17.38.260  entirely.  This                                                               
section  describes  the  method for  ascertaining  the  aggregate                                                               
weight of  a live marijuana  plant. The process  requires removal                                                               
of the roots, which would destroy  the plant. He pointed out that                                                               
in  a  commercial  setting  that  it  could  amount  to  tens  of                                                               
thousands of dollars in inventory.                                                                                              
MR.  SHULTE articulated  concern  with AS  17.38.290 relating  to                                                               
forfeiture and  seizures, but acknowledged  that it more  or less                                                               
mimics the language in the  corresponding statute for alcohol. If                                                               
the  language  is included,  he  requested  that the  legislature                                                               
clarify  that the  intent is  that any  property or  funds seized                                                               
under  this  law  would  be  used  to  fund  drug  education  and                                                               
treatment programs.                                                                                                             
He  stated  agreement with  removing  the  term "salt"  from  the                                                               
definition of marijuana under AS 17.38.900(6).                                                                                  
2:48:06 PM                                                                                                                    
MR. SHULTE  said he first viewed  the repeal of AS  17.38.020 and                                                               
AS  17.38.030 as  a  drafting  decision given  that  many of  the                                                               
provisions are  addressed in  the new  AS 17.38.200.  However, on                                                               
further  reflection he  determined that  both sections  should be                                                               
retained. Both were  in the voter initiative  and they articulate                                                               
what  is  lawful while  AS  17.38.200  states the  penalties  for                                                               
activities  that  are  unlawful.  He described  the  sections  as                                                               
complementary and respectfully requested that they be retained.                                                                 
SENATOR  COGHILL  noted  the  penalty  for  misconduct  involving                                                               
marijuana in the third degree  for possessing more than one ounce                                                               
and then  the definition of  "marijuana." He asked Mr.  Shulte if                                                               
he agrees that it could be one ounce of the oil derivative.                                                                     
MR. SHULTE  conceded that  could be  one interpretation.  He then                                                               
pointed out  that one ounce of  hash oil would be  a rather large                                                               
quantity outside a commercial transaction.                                                                                      
SENATOR COGHILL  expressed concern that the  penalty is basically                                                               
a ticket.  He asked  for help understanding  what an  ounce means                                                               
and  how  to value  the  derivatives  under the  definitions  for                                                               
imposing penalties.                                                                                                             
MR.  SHULTE responded  that  he understands  the  concern and  he                                                               
would work on some recommendations.                                                                                             
2:53:51 PM                                                                                                                    
MR. SHULTE  stated that CRCL  is committed to an  orderly process                                                               
and   recognizes  that   February   24   only  changes   personal                                                               
consumption and cultivation.  The group looks forward  to a nine-                                                               
month  regulatory process  and then  another three  months before                                                               
the state starts to accept permits.                                                                                             
        We're not expecting to see commercial or retail                                                                         
       businesses go into effect until sometime in 2016,                                                                        
         spring or summer. That's what our members are                                                                          
      committed to and that's the message we're trying to                                                                       
     get out there.                                                                                                             
CHAIR  MCGUIRE  asked how  he  might  help communicate  with  the                                                               
public so there is an orderly transition.                                                                                       
MR. SHULTE  replied CRCL intends  to get the message  out through                                                               
social  media  and  letters  to   the  editor.  The  goal  is  to                                                               
articulate what is  lawful as of February 24, 2015  and what will                                                               
not be lawful for the 9-14 months thereafter.                                                                                   
2:56:43 PM                                                                                                                    
SENATOR  COGHILL   reiterated  the   request  for  help   with  a                                                               
definition based on value.                                                                                                      
MR. SHULTE committed to help with the clarification.                                                                            
CHAIR MCGUIRE held SB 30 in committee.                                                                                          

Document Name Date/Time Subjects
CS SB30 Version I -Sectional Analysis.pdf SJUD 2/11/2015 1:30:00 PM
SB 30
SB30 Written Testimony Municipal Attorneys Legal Memo.pdf SJUD 2/11/2015 1:30:00 PM
SB 30
SB30 Committee Material Title 11 Definitions.pdf SJUD 2/11/2015 1:30:00 PM
SB 30
SB30 Written Testimony CRCL.pdf SJUD 2/11/2015 1:30:00 PM
SB 30
SB30 Committee Material Article Pediatric Academy.pdf SJUD 2/11/2015 1:30:00 PM
SB 30
SB30 Written Testimony CRCL.pdf SJUD 2/11/2015 1:30:00 PM
SB 30
SB 30- Ballot Measure 2.PDF SJUD 2/11/2015 1:30:00 PM
SB 30
SB 30- US DOJ Letter.pdf SJUD 2/11/2015 1:30:00 PM
SB 30