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OFFICIAL: DON'T PANIC ON POT LAW

JUNEAU - After a far-ranging discussion about the dangers of driving a four-wheeler while high or hosting pot parties on a sternwheeler, a Department of Law official attempted to comfort senators by saying the sky has not, in fact, fallen since marijuana possession became legal under state law.

Deputy Attorney General Richard Svobodny told the Senate Finance Committee that Ballot Measure 2 going into law hasn't dramatically changed things in Alaska and many concerns raised by the committee, like driving while high, are addressed by existing laws.  And concerns about commercial marijuana, like pot parties, will be addressed through regulations.

"The sky hasn't fallen since the 24th of February," he told the committee after being asked what would happen if they don't pass a bill smoothing out the wrinkles between Ballot Measure 2 and existing criminal law.  "If nothing happened, we're going to be prosecuting people for driving under the influence of marijuana.  We did that before the initiative."

Senate Bill 30, which spent a month in the Senate Judiciary Committee, seeks to clear up existing laws to be in line with Ballot Measure 2's provisions allowing people 21 and older to possess up to 1 ounce of marijuana outside their home and grow up to six plants.

The discussion in the Finance Committee flitted from issues like food and drug regulations, school safety and the operation of motor vehicles and heavy machinery.  SB30 ballooned when the Judiciary Committee opted to rewrite all state laws related to controlled substances, exposing several more unusual laws pertaining to activities like skiing and watercraft that caught the attention of senators.

Outside of motor vehicle operation and schools, though, much of the discussion revolved around the commercialization, which SB30 doesn't deal with.

In one of the hearing's more light-hearted moments Sen.  Pete Kelly, R-Fairbanks, asked if the watercraft laws would apply to the Riverboat Discovery, a popular tourist destination in Fairbanks.

"I wonder then, and believe me the Binkley family would never do something like this, but could you use the Discovery and have a big pot tour and everybody brings their pot and everybody gets high on the Discovery?" he asked, having earlier referenced a story about pot bus tours in the Lower 48.

Svobodny reiterated what other state officials have said about marijuana businesses: that any commercial activities relating to marijuana are illegal for the time being.  The Legislature and the state have time - a little less than nine months-to decide just what will and won't be allowed.

"If somebody is today distributing 100 pounds of marijuana and they don't have a license, and I know they don't because you haven't got to that bill yet, they're going to be prosecuted for that offense," he said.  "If they're not licensed and they're delivering marijuana, then it's going to default to us guys who deal with the criminal stuff.  It sounds like a policy question if you want that to happen."

Kelly agreed but said he would feel more comfortable ensuring that some regulatory issues be handled in SB30.  Senate Finance Co-Chair Sen.  Anna MacKinnon, R-Eagle River, said the committee will take member amendments starting next week and that she expects to begin hearing public testimony on Wednesday.