HOUSE REJECTS MARIJUANA-METH BILL

Issue Remains Alive As It Goes to Conference Committee on Differences

The Alaska House rejected on Wednesday a bill that aims to penalize
marijuana use and curb home manufacturing of methamphetamines.

But the bill is far from dead.

Last week, the Senate passed what began as a bill that would make it
harder for meth cookers to buy over-the-counter drugs that are
necessary ingredients in producing the drug.

To move two other bills dealing with marijuana and steroid use faster
through the legislative process, the Senate combined several bills
into one. It has since been nicknamed the "meth-ijuana" bill.

Because the House approved House Bill 149 last session, the bill must
go through a conference committee to settle the differences.

Several Republican lawmakers joined the Democrats in defeating the
Senate's version 15-23. Some said their "nay" vote was in protest of
the Senate combining the bills. The marijuana legislation was only
heard in one House committee and did not advance further.

"This is a bicameral Legislature," said House Minority Leader Ethan
Berkowitz, D-Anchorage. "We can't surrender the role we have just
because it's easier."

Many representatives voted against the bill because it wasn't tough
enough on meth. The House's original version called for pharmacists
to keep log books that customers would need to sign when buying
over-the-counter drugs containing pseudoephedrine, such as the cold
medicine Sudafed.

Rep. Harry Crawford, D-Anchorage, said there was an outcry from
policemen across the state when they heard the provision was removed
by the Senate.

"Those lists are substantial tools in the deterrent effort, as well
as the seizure of methamphetamine labs and prosecution of their
operators," wrote Lt. Thomas Remaley, of the Palmer Police
Department, in a letter sent to Crawford's office.

Other states passed laws requiring the record-keeping, Remaley added.

Juneau's House delegation was split on the vote.

Rep. Beth Kerttula, D-Juneau, voted against the measure and said the
provisions concerning marijuana need to be heard in House committees
and the amendments made to the meth portion are bad for police and
pharmacy customers.

"It's not because I want to see marijuana or meth being used," Kerttula said.

Also, as an attorney, Kerttula said she doubts the bill is strong
enough to overturn a 31-year-old Alaska Supreme Court ruling that
said state residents can possess up to 4 ounces of marijuana under a
right to privacy granted in the Alaska Constitution.

Rep. Bruce Weyhrauch, R-Juneau, who voted in support of the bill,
said legislation on meth is needed as soon as possible.

"My hope is to get some strong measures for meth on the books," he said.

The three members appointed to the House conference committee all
said they will use the opportunity to reinsert the provision about log books.

Crawford said he doubts the conference committee will bust the bill
into separate parts dealing with each drug, like several Democrat
lawmakers are suggesting. The committee will likely have two
Republicans and one Democrat from each chamber.

House Majority Leader John Coghill, R-North Pole, said the committee
would probably not change any language that deals with marijuana. The
bill calls for making possession of marijuana up to 4 ounces a
misdemeanor and above 4 ounces a felony.

If the bill is passed and signed into law, Assistant Attorney General
Dean Guaneli said the Department of Law will use the bill to try to
overturn the Supreme Court ruling. Guaneli said the department would
make an arrest and use the case to challenge the court, hoping new
findings in the bill will be used as evidence to overturn the historic ruling.

Coghill said the first conference committee meeting could be 10 to 15
days away.

[sidebar]

DIFFERENCES BETWEEN THE HOUSE AND SENATE FOR HOUSE BILL 149:

House Version

customers who purchase over-the-counter drugs containing sole active
ingredient of meth must sign a log book and show a government-issued photo id.

Senate Version

customers must show a government-issued photo id when purchasing
over-the-counter drugs containing the sole active ingredient of meth.
log books are not required.

those under the age of 18 are not allowed to buy over-the-counter
drugs containing the sole active ingredient of meth.

includes findings that say marijuana is addictive and more potent
than it was 30 years ago.

any possession of marijuana is punishable by a misdemeanor or felony.