Sponsor Statement for HB 69

HB 69 classifies Flunitrazepan, marketed under the trade name Rohypnol, as a Schedule l substance. Rohypnol should be classified as a Schedule 1 drug because it has no redeeming medical use. The manufacturing and sale of Rohypnol has been banned in the U.S. since March of 1996. In June, 1996 DEA determined that Rohypnol should be reclassified as a Schedule 1 drug because of its hypnotic potential and because of a recent increase in smuggling, trafficking, and possession of the drug. The Drug-Induced Rape Prevention and Punishment Act of 1996 was enacted in October, 1996. The Act made it a federal crime to possess Rohypnol and similar drugs with the intent to commit a violent crime, including sexual assault.

Recent Congressional hearings indicate that the powerful sedative which is 10 times more powerful than valium is being smuggled into the country and used as a "date-rape drug" because it has been implicated in an increasing number of sexual assaults across the country. Rohypnol is manufactured by Hoffman-LaRoche, Inc. in 60 countries and used as a prescription drug in those countries for insomnia. Rohypnol is becoming a growing threat to teenagers and young adults.

Rohypnol is a tasteless, odorless, inexpensive drug that can easily be slipped into the drinks of unsuspecting young women who then become dizzy and sleepy and often black out, making them easy targets for sexual assault. The drug can cause amnesia, is habit-forming, and can be fatal to the victim.

Alaska Statutes do not list Flunitrazepan as a controlled substance. Crimes involving the delivery of Rohypnol to a person under 19 years of age or 3 years younger than the provider would be considered unclassified felonies. In accordance with AS 12.55.125(b) a conviction would result in a penalty of from five to nine years incarceration. Possession of Rohypnol within fifty (50) feet of a school grounds or on a school bus would result in misconduct involving a controlled substance which is a third degree Class B felony. The manufacturing of or delivery of the substance would be a Class A Felony.

While there have been no documented Rohypnol-related rapes or deaths in Alaska, officials at the state crime lab have reviewed cases that they suspected were Rohypnol-related but without urine samples the presence of Rohypnol in the victim could not be confirmed.