HomeMy WebLinkAbout06182024 Planning & Zoning Work Session Packet
Work Session
Tuesday, June 18, 2024
Council Chambers, City Hall
6:00 p.m.
Planning & Zoning Commission
Work Session Packet
The City of Seward, Alaska
SEWARD PLANNING AND ZONING COMMISSION
WORK SESSION AGENDA
June 18, 2024 6:00 p.m. Council Chambers
Carol Griswold Chair Term February, 2027
Brenan Hornseth Vice Chair Term February, 2025
Nathaniel Charbonneau Commissioner Term February, 2027
Vanessa Verhey
Commissioner Term February, 2026
Sean Ulman Commissioner Term February, 2025
Rhonda Hubbard Commissioner Term February, 2025
Vacant
Commissioner
Term February, 2026
Daniel Meuninck
Community Development Director
Courtney Bringhurst City Planner
Clara Brown Executive Planning Assistant
Kris Peck City Clerk
1)CALL TO ORDER
2)STAFF COMMENTS
3)DISCUSSION ITEMS
a.KPB Comprehensive Safety Action Plan Presentation .............4
b.Priority list for work session topics………………………………..7
c.Seward City Code: Marijuana establishments……..................…...9
4)ADJOURNMENT
c.Alaska Admin Code (AAC 306): Marijuana retail stores...…..22
c.Alaska Statutes (AS 17.38): Regulation of Marijuana…….....37
2
OUTCOME GOALS
FOR WORK SESSION
1)Presentation on the Kenai Peninsula Borough Comprehensive Safety Action
Plan.
2)Go through the list of work session topics developed by public input andrecommendations by staff and commissioners and prioritize the order inwhich the topics should be discussed during the second half of 2024.
3)Review current requirements in SCC 15.10.226 – Land Uses Allowed
regarding marijuana establishments. Discuss whether current code and State
code adequately addresses the concerns that have been expressed by the
public and Commission. Discuss any proposed changes to city code.
BACKGROUND:
The Kenai Peninsula Borough applied for the Safe Streets and Roads For All
Grant at the end of 2022. The purpose of the grant was for the Borough to create
a comprehensive safety plan which would review all of the drivable surfaces on
the Kenai Peninsula, identify concerns, and develop a safety plan to address
those concerns. The Borough was awarded the grant and began work on the
project in 2023. The presentation will give an overview of the project and its
current status.
Due to changes within the State regulations and certain allowances for
marijuana establishments, the Commission has requested to review the land
uses allowed portion of city code and discuss any additional requirements they
feel may need to be added that are not currently addressed in city code.
3
KPB Comprehensive Safety Action Plan
4
KENAI PENINSULA BOROUGH COMPREHENSIVE SAFETY ACTION PLAN
ABOUT THE PROJECT
Kenai Peninsula Borough (KPB), with the partner cities Homer, Kenai, Seldovia, Seward and Soldotna, were awarded grant funds to develop a Safe Streets and Roads for All (SS4A) Comprehensive
Safety Action Plan (CSAP).
WHY DO WE NEED A CSAP?
The KPB had 14 non-motorist fatalities and serious injuries between 2016 and 2021, according to the Alaska Department of Transportation & Public Facilities (DOT&PF) Alaska Vulnerable Road User Safety Assessment. In September 2023, a driver and passenger were killed while slowing in a school zone. In December 2022, a head on collision near Clam Gulch resulted in two fatalities. Also, in December 2022, a pedestrian/vehicle accident resulted in a pedestrian fatality. According to the AKDOT&PF the KPB had 238 fatal or serious injury crashes (both motorist and non-motorist) between 2017 and 2022.
Humans are vulnerable and sometimes make mistakes and our transportation system needs to account for this reality. The CSAP will help the KPB and their partner cities to understand the causes and contributing factors, and recommend countermeasures, creating redundancy and reducing risk. The plan will identify opportunities to improve safety through proactive and systemic programs, policies, processes, partnerships, and projects, especially for areas revealed to be of the highest concern.
A CSAP situates the borough, and partner cities to apply for future grant funds for projects and strategies identified in the plan to address roadway safety problems.
WHAT IS A CSAP?
A CSAP is a long-term strategy for enhancing the safety of the borough’s roads through a holistic approach to reduce (and eventually prevent) roadway fatalities and serious injuries borough wide. The CSAP will be struc-
tured around the Safe System Approach (SSA) National Roadway Safety Strategy developed by the USDOT.
Humans are vulnerable and
sometimes make mistakes
and our transportation
system needs to account for
this reality.
Because everyone deserves to get home safely
5
WHAT IS THE SSA?
The Safe Systems Approach (SSA) is a framework to help agencies prioritize
safety policies, programs, and projects. The SSA principles are:
•No fatal or serious injury crashes
•A transportation system that can accommodate errors in humanjudgment
•A transportation system that limits speed
•Investments that prevent future crashes
•Engagement and coordination from all transportation and safetyagencies
•Investments in solutions across the system, not at individual locations
WHERE DO I FIND MORE INFORMATION?WE WANT TO HEAR FROM YOU!
You are the users of the KPB roadways as
pedestrians, bicyclists, public transportation
users, motorists, commercial vehicle operators
and micromobility and personal conveyance
users. Your knowledge and perspectives on
issues and opportunities to improve the safety of
the transportation system is essential.
Opportunities to participate:
Public Workshop 1
May 7, 2024; 5-7 PM, Homer High School Commons; 600 Fairview Avenue, Homer
May 8, 2024; 5-7 PM, Donald E. Gilman River Center, 514 Funny River Road, Soldotna
May 9, 2024; 5-7 PM, Seward Community Li-brary & Museum, 239 6th Avenue, Seward
Virtual: May 22, 2024 11:30 AM - 12:30 PM
Public Workshop 2
TBD; Fall 2024
Public Workshop 3
TBD; Winter 2024/25
KENAI PENINSULA BOROUGH COMPREHENSIVE SAFETY ACTION PLAN
Questions? Contact:
Beth McKibben, AICPLead Plannerbmckibben@rmconsult.com 907.646.9664
Van Le, AICP, Project Manager vle@rmconsult.com 907.646.9659
Robert Ruffner, Planning Director, Kenai Peninsula Borough RRuffner@kpb.us 907.714.2378
Celina Robinson, GIS Specialist, Kenai Peninsula Borough crobinson@kpb.us 907.714.2221
Project Website
https://kpb-ss4a-com-prehensive-safety-plan-kpb.hub.arcgis.com/
6
P&Z Work Session Topics to Prioritize
7
Planning and Zoning Work Session Topics:
Comprehensive Plan
• Statistics and format
• Public engagement plan and timeline
Housing Discussion
• Presentation by Nicole Lawrence
Sign Code
• Temporary signage & awnings
• Update the entire sign code
Municipal Land Inventory and Management Plan yearly review and update
Conditional Use Permit requirements in code
Rezone requirements in code
Title 16 – Subdivisions
Parking Issues
NFWF Coastal Resiliency Grant Brainstorm
• Invite SBCFSA, Parks and Rec and Trout Unlimited
Commissioner Training
• Rules of Procedure
• Quasi-Judicial Hearings
• Platting Process
• Others?
Joint Work Sessions
• PACAB
• SBCFSA
• Historic Preservation Commission
8
Seward City Code:
Marijuana Establishments
9
Chapter 8.25 Marijuana Establishments
Seward, Alaska, Code of Ordinances Created: 2024-02-01 15:08:48 [EST]
(Supp. No. 27-1)
Page 1 of 2
Chapter 8.25 Marijuana Establishments
8.25.010 Definitions.
As used in this chapter, unless the context otherwise requires, the following terms shall have
the meanings defined herein:
A. Marijuana means "marijuana" as that term is defined in AS 17.38.900 and any amendments thereto.
B. Marijuana establishment means a "marijuana establishment" as that term is defined in AS 17.38.900 and any amendments thereto but includes a marijuana cultivation
facility, a marijuana testing facility, a marijuana product manufacturing facility, or a
retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.015 Compliance with state laws and regulations.
No person may own or operate a marijuana establishment within the City without first being
licensed by the State of Alaska, and the establishment license must be maintained in force
continuously throughout the time the establishment operates. All marijuana establishments shall be operated in full compliance with state laws and regulations. It shall be the owners' and/or operators' responsibility to be aware of and to comply with any and all laws, rules and regulations adopted by any duly authorized agency of the state and the City.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.020 Local regulatory authority established.
The City Council shall be the Local Regulatory Authority, as that term is used in Alaska Statutes Chapter 17.38. As the local regulatory authority, council is authorized to:
A. Review and submit recommendations to any federal or state agency regarding
marijuana establishment license applications;
B. Designate a body, entity or person to review or comment upon marijuana establishment license applications;
C. Draft laws, regulations, and policies regarding marijuana establishments and marijuana use within the City.
(Ord. No. 2016-005, § 1, 6-27-2016)
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Created: 2024-02-01 15:08:48 [EST]
(Supp. No. 27-1)
Page 2 of 2
8.25.025 Marijuana establishment application review.
Once the City receives notification from a state agency that a marijuana establishment
application is complete:
A. Council may recommend approval, denial, or approval with conditions of any application for a marijuana establishment.
B. Council shall not recommend approval of any marijuana establishment application unless the following conditions have been satisfied:
1. The city finance department confirms that all accounts for utilities, taxes and
assessments for the persons or corporate entity named in the application are current; and
2. The Kenai Peninsula Borough verifies that all sales and property tax accounts for the persons or corporate entity named in the application are current.
3. The applicant shall be in compliance with all city safety requirements.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.030 Hours of operation.
Retail marijuana establishments shall not conduct any business on, or allow consumers or customers access to the establishment's licensed premises between the hours of 2:00 a.m. and 10:00 a.m. of any day.
(Ord. No. 2016-005, § 1, 6-27-2016)
11
Chapter 15 – Planning and Land Use Regulations
15.10.140 – Definitions
54. Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto.
55. Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail
marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto.
a. Marijuana cultivation facility. Marijuana cultivation facility means an entity
registered to cultivate, prepare, and package marijuana and to sell marijuana to retail
marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has
the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the
prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square
feet under cultivation.
b. Marijuana product manufacturing facility. Marijuana product manufacturing facility
means an entity registered to purchase marijuana; manufacture, prepare, and package
marijuana products; and sell marijuana and marijuana products to other marijuana
product manufacturing facilities and to retail marijuana stores, but not to consumers.
c. Marijuana testing facility. Marijuana testing facility means an entity registered to
analyze and certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase
marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana
products from marijuana product manufacturing facilities, and to sell marijuana and
marijuana products to consumers.
56. Marijuana products. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments,
and tinctures.
12
15.10.226 – Land Uses Allowed
H. Marijuana establishments as defined in section 15.10.140.B.55 are allowed in accordance with table 15.10.225 of this chapter subject to the following:
1. The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation.
2. Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility,
recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in
which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator.
3. In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a
Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a Home Occupation use.
4. In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office - Business or Professional use.
5. In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use.
6. In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service use.
13
Created: 2024-02-01 15:08:57 [EST]
(Supp. No. 27-1)
Page 7 of 14
Table 15.10.226. Land Uses Allowed
KEY:
O - Use Permitted Outright
H - Home Occupation
C - Use Requires Conditional Use Permit
P - Use Requires Administrative Permit
Blank - Use Prohibited
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Accessory building O O O O O O O O O O O O O
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e., travel, insurance,
title, real estate, etc.
O O O O O
Agriculture O
Airport and related services O C
Amusement or recreation
facility
O O O
Animal shelter O C C
Antenna, personal TV, satellite
dish
O O O O O O O O O O O O
Art gallery O O O O O
Assemblages, temporary large,
i.e., circus, fair
P P P P P P P
Attraction, permanent major
visitor
C C C C C
Auditorium O O O
Auto repair, i.e., mechanic,
glass body, upholstery
C O
Auto service/gas station O O O
14
Created: 2024-02-01 15:08:57 [EST]
(Supp. No. 27-1)
Page 8 of 14
Auto/RV sales and rentals O O O
Boat sales O O O
Boat, commercial
building/fabrication
O O
Boat, harbor/marina C C C C C
Boat, repair and maintenance O O O C
Boat, storage commercial O O O C
Bulk material, i.e., concrete,
gravel, sand, asphalt
C C
Business, marine retail sales
and service
O O O O C
Business, package liquor O O O
Business, retail sales and
service
O O O O
Business, retail sales and
service, industrial
O
Campground, municipal C/P C/P C/P C/P
Campground, camper park,
private
C/P C/P C/P
Campground, employee C/P
Car/boat wash O O O
Cemetery O C O
Center, community/civic O O C C
Center, mariner's O O O O
Center, senior or teen C C C O O C C
Child care, licensed center C C O O O C
Child care, licensed home O O O O O O O O O
Church C C C C C C O O O O
Clinic, medical O O O O O
Clubs,
fraternal/lodges/social/veterans
C O O C
15
Created: 2024-02-01 15:08:57 [EST]
(Supp. No. 27-1)
Page 9 of 14
Cluster subdivision C C C
Commercial Communications
tower less than 16 feet
diameter or 75 feet in height
C C C C C C
Commercial Communications
tower 16 feet diameter or
greater than 75 feet in height
C C C
Correctional/prison facility C C C C
Crematory O
Docks/wharves, industrial
cargo
O O C C
Dock, passenger O O O C O
Drinking establishment, i.e.,
bar, nightclub, lounge
C C C
Drive-in facility—Fast food,
banking, etc.
C C C C C
Dwelling, apartment in a
commercial building (limited to
one unit)
O O O O O C
Dwelling, apartment in a
commercial building (two or
more units)
O O C C
Dwelling, apartment, efficiency
or accessory
O O O O O O O
Dwelling, apartment, studio C C C C C C
Dwelling, attached single-
family, i.e., townhouse, row
C C C C C C C
Dwelling, condominium C C C C C C C
Dwelling, detached single-
family
O O O O O O O C C
Dwelling, group home O O O O O O C
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Created: 2024-02-01 15:08:57 [EST]
(Supp. No. 27-1)
Page 10 of 14
Dwelling, guest house O O C
Dwelling, multi-family (3 or
more units)
C C C C C C C
Dwelling, two-family or duplex O O O O O C C
Dwelling, watchman or
caretaker
O C
Emergency services, pub/vol;
i.e., fire, ambulance, rescue
C C C C C C O C O O C O
Financial institution, i.e., bank,
S&L
C O O
Flea market, open air retail
other than occasional
C C C
Fuels, bulk storage and sales C
Golf course O O C
Golf driving range O O O O C
Greenhouse/nursery—
Commercial
O O O
Grocery, convenience store C C C O O O O
Grocery, supermarket,
foodmart
O O
Health club C C O O O
Home occupation O O O O O O O O O O
Hospital C C
Housing, bunkhouse C C C
Housing, dormitory O O
Housing, nursing, retirement,
convalescent
C C C
Kennel, commercial, musher or
fancier
INTENTIONALLY LEFT BLANK
Laundry, dry cleaning O C O O
Library O O O O
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Created: 2024-02-01 15:08:57 [EST]
(Supp. No. 27-1)
Page 11 of 14
Livestock, excluding chickens
and rabbits
P P
Livestock, chickens and rabbits P P P P P P P P P
Lodging, B&B H/P H/P H/P H/P H/P O/P O/P O/P O/P
Lodging, hostel P P P P P P
Lodging, hotel, motel, lodge,
inn
C O C C
Lodging, short-term rental H/P H/P H/P H/P H/P P P P P
Lumber yard/building supply C O C
Manufacturing—noxious,
heavy
C
Manufacturing, light
fabrication, assembly
C C O
Merchant, transient O O O O
Mobile home park C/P
Mobile home, residential, not
in park
INTENTIONALLY LEFT BLANK
Mobile home sales O O
Mobile medical unit O O O
Mobile vendor P P P P P P P P P P P
Mortuary/funeral home O O O
Museum C O O O O O
Office, boat charter, guide O O O O O C
Office, business or professional O O O O O
Office, government/quasi-
government administration
O O O O O O O
Office, mobile/temporary on
construction site
P P P P P P P P P P P P P
Office, home, professional O O O O O
Parking lot C C O O O O O O O O
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Created: 2024-02-01 15:08:57 [EST]
(Supp. No. 27-1)
Page 12 of 14
Personal services, i.e., beauty,
shoe, tailor
O O O O
Planned unit development C C C C C C
Playground, public tot lot O O O O O O O O O O O
Railroad C C C C
Recreation, commercial indoor,
i.e., bowling, skating
O O O C
Recreation, outdoor, i.e.,
miniature golf
O C C C
Recreation, shooting range C C C
Recycling center C C O C
Recycling, self-service drop-off
point
O O O O O O O O
Rental, Long-term O O O O O O O O O O C C
Repair service, i.e., large
appliance
C C O
Resource extraction,
commercial subsurface, i.e.,
mining
C C C
Resource extraction,
commercial surface, i.e., gravel
C C C
Resource extraction,
commercial timber harvesting
C C
Restaurant, food service,
catering, brew pub
O O O O O C
Rooming or boarding house O/P O/P O/P O/P
Roving Vendor P P P P P P P P P P P
Salvage—auto, wrecking, scrap,
junkyard
C
Sawmill or lumbermill C C
School, college C C C
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(Supp. No. 27-1)
Page 13 of 14
School, public/private
elementary/secondary
C C C C C C C C C
School, vocational C O O C O C
Seafood processing, i.e.,
canning, rendering
C C C C
Shop, i.e., welding, sheetmetal,
machine, steel fab.
C C O
Shop, i.e., wood, signs, cabinet,
upholstery
C C O C O
Shopping center (mall) C C
Solid waste disposal, i.e., baler,
transfer, landfill
C C C
Storage, container P P P P O P
Storage, explosives P
Storage, outdoor, yard,
material/equipment
C O O C
Storage, self service O O O O
Storage, warehouse and
distribution
O O O C C
Studio, radio/television C O O O O C
Tanks, aboveground associated
with service station
C C O
Taxidermy O O O O O
Terminal, i.e., bus, truck,
freight
O C O C
Terminal, marine/boat
passenger
O C O O C
Theater, concert, movie O O
Tool/equipment rental O O
Temporary structure P P P P P P P P P P
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(Supp. No. 27-1)
Page 14 of 14
Utility facility, public electric,
water, sewer, etc.
C C C C C C O O O O O O
Vehicle impound lot O O
Vending machine repair,
storage
O O C
Veterinary hospital C C C
Wind Energy Conversion
Systems (WECS)
O O O O O O O O O O O O O
(Ord. 94-25; Ord. 95-13; Ord. 95-17; Ord. 96-05; Ord. 96-10; Ord. 96-16; Ord. 97-13; Ord. 98-06; Ord. 98-09; Ord. 99-01; Ord. 99-13, § 2, 1999; Ord. No. 99-10;
Ord. 2000-12; Ord. 2001-03; Ord. 2003-08; Ord. 2007-008, § 1, 2007; Ord. No. 2009-002, § 1; Ord. No. 2010-004, § 2; Ord. No. 2012-002, § 1; Ord. No. 2014-
002, § 1; Ord. No. 2014-004, § 1; 2015-001, § 1; Ord. No. 2018-002, § 4; Ord. No. 2018-004, § 1; Ord. No. 2019-007, § 1, 3-26-2019; Ord. No. 2020-012, § 1, 10-
12-2020; Ord. No. 2022-002, § 2, 1-24-2022; Ord. No. 2022-016, § 2, 1-9-2023; Ord. No. 2023-019, § 1, 7-10-2023)
Editor's note(s)—Ord. No. 2018-002, § 4, adopted May 14, 2018, renumbered § 15.10.225 to 15.10.226, as herein set out.
21
Alaska Admin Code (AAC 306)
Article 3: Retail Marijuana Stores
22
[Type here]
DISCLAIMER: The following copy of 3 AAC 306 reflects the edits made by the Department of Law and signed by the Lieutenant Governor. This is not an official copy of Chapter 306. An official copy of the regulations may be found on the Alaska Legislature’s website or through the Lieutenant Governor’s office.
3 AAC 306
REGULATIONS FOR THE
MARIJUANA CONTROL
BOARD
Updated 6/13/2024
23
UPDATED: 6/13/24 NOT AN OFFICIAL COPY 35
Article 3
Retail Marijuana Stores
3 AAC 306.300. Retail marijuana store license required
(a)Except as permitted under AS 17.38.020, a person may not sell, give, distribute,
deliver, or offer to sell, give, distribute, or deliver marijuana or any marijuana product to a
consumer unless the person has obtained a retail marijuana store license from the board in
compliance with this chapter, or is an employee or agent acting for a licensed retail marijuana
store operating in compliance with this chapter.
(b)A licensee of any retail marijuana store, or an employee or agent of a retail marijuana
store, may not have an ownership interest in, or a direct or indirect financial interest in a licensed
marijuana testing facility. (Eff. 2/21/2016, Register 217; am 10/17/2018, Register 228; am
9/1/2021, Register 239; am 1/22/2023, Register 245 language from (a) moved to .315)
3 AAC 306.305. Retail marijuana store privileges
(a)A licensed retail marijuana store is authorized to
(1)sell marijuana purchased from a licensed marijuana cultivation facility,
packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.470, and 3 AAC 306.475 in
an amount not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed
premises or as permitted under 3 AAC 306.380 for consumption off the licensed premises;
(2) reject or revoke acceptance of marijuana purchased from a licensed marijuana
cultivation facility;
(3)sell a marijuana product purchased from a licensed marijuana product
manufacturing facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.565,
and 3 AAC 306.570, in a quantity not exceeding the limit set out in 3 AAC 306.355, to an
individual on the licensed premises or as permitted under 3 AAC 306.380 for consumption off
the licensed premises;
(4) reject or revoke acceptance of a marijuana product purchased from a licensed
marijuana product manufacturing facility;
(5) salvage and sell kief, trim, or flower separated from marijuana purchased from
a licensed marijuana cultivation facility while preparing the marijuana with required packaging
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UPDATED: 6/13/24 NOT AN OFFICIAL COPY 36
and labeling under 3 AAC 306.345, 3 AAC 306.565, and 3 AAC 306.570 to an individual on the
licensed premises;
(6) store marijuana and marijuana product on the licensed premises in a manner
consistent with 3 AAC 306.710 - 3 AAC 306.720;
(7) with prior approval of the board, permit consumption of marijuana or a
marijuana product purchased on the licensed premises, in a designated area on the licensed
premises.
(b) This section does not prohibit a licensed retail marijuana store from refusing to sell
marijuana or a marijuana product to a consumer.
(c) A licensee of a retail marijuana store may also apply for a marijuana cultivation
facility license, marijuana product manufacturing facility license, or both. A licensee of a retail
marijuana store who obtains a marijuana cultivation facility license, marijuana product
manufacturing facility license, or both shall
(1) conduct any marijuana cultivation operation in a room separate from any
other operation and the retail marijuana store, and shall conduct any marijuana product
manufacturing operation in a room separate from any other operation and the retail marijuana
store; if the rooms are connected and co-located, a secure door must separate the rooms from
each other; a secure door must separate any room connected to and co-located with the retail
marijuana store; and
(2) comply with each provision of this chapter that applies to any other type of marijuana
establishment license that the licensee of a retail marijuana store obtains. (Eff. 2/21/2016,
Register 217; em am 4/17/2020 – 8/14/2020, Register 234; am 11/24/2020, Register 236; am
12/10/2020, Register 236; am 12/10/2020, Register 236; am 8/13/2023, Register 247; am
1/5/2024, Register 249)
3 AAC 306.310. Acts prohibited at retail marijuana store
(a) A licensed retail marijuana store may not sell, give, distribute, deliver, or offer to sell,
give, distribute, or deliver, marijuana or a marijuana product
(1) to a person under 21 years of age;
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UPDATED: 6/13/24 NOT AN OFFICIAL COPY 37
(2) to a person that is under the influence of an alcoholic beverage, inhalant, or
controlled substance;
(3) that is not labeled and packaged as required in 3 AAC 306.345 and
(A) 3 AAC 306.470 and 3 AAC 306.475; or
(B) 3 AAC 306.565 and 3 AAC 306.570;
(4) in a quantity exceeding the limit set out in 3 AAC 306.355;
(5) repealed 8/13/2023;
(6) after the expiration date shown on the label of the marijuana or marijuana
product.
(b) A licensed retail marijuana store may not
(1) conduct business on or allow a consumer to access the retail marijuana store's
licensed premises between the hours of 5:00 a.m. and 8:00 a.m. each day;
(2) allow a person to consume marijuana or a marijuana product on the retail
marijuana store's licensed premises, except as provided in 3 AAC 306.305(a)(4);
(3) offer, deliver, or sell an alcoholic beverage to a consumer for any reason; or
(4) allow intoxicated or drunken persons to enter or to remain on the licensed
premises. (Eff. 2/21/2016, Register 217; am 4/11/2019, Register 230; em am 4/17/2020 –
8/14/2020, Register 234; am 11/24/2020, Register 236; am 8/13/2023, Register 247, am
10/08/2023, Register 248)
3 AAC 306.315. Application for retail marijuana store license
A person seeking a new retail marijuana store license must
(1) submit an application on a form the board prescribes, including the
information required under 3 AAC 306.020 and
(A) repealed 6/13/2024;
(B) a description of the way marijuana and marijuana products at the retail
marijuana store will be displayed and sold in the applicant’s operating plan required
under 3 AAC 306.020(c); and
(2) demonstrate, to the board’s satisfaction, that the applicant will operate in
compliance with
(A) each applicable provision of 3 AAC 306.300 – 3 AAC 306.380 and 3
AAC 306.700 – 3 AAC 306.770; and
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(B) each applicable health, fire, safety, and tax code and ordinance of the
state and the local government in which the applicant’s proposed licensed premises is
located. (Eff. 2/21/2016, Register 217; am 7/27/2017, Register 223; am 1/22/2023,
Register 245; am 8/13/2023, Register 247; am 6/13/2024, Register 250)
3 AAC 306.320. Marijuana handler permit required
A retail marijuana store shall ensure that
(1) each agent who is required or permitted to be physically present on the
licensed premises at any time, each licensee, and each employee obtains a marijuana handler
permit as provided in 3 AAC 306.700 before being licensed or employed at a retail marijuana
store; and
(2) each licensee, employee, or agent has that person's marijuana handler permit
card in that person's immediate possession, or a valid copy on file on the premises, at all times
when on the licensed premises of the retail marijuana store. (Eff. 2/21/2016, Register 217; am
2/21/2019, Register 229)
3 AAC 306.325. Access restricted at retail marijuana store
(a) Except as provided under 3 AAC 306.712, a person under 21 years of age may not
enter a retail marijuana store.
(b) Each entry to a retail marijuana store must be posted with a sign that says "No one
under 21 years of age allowed." The sign must be not less than 12 inches long and 12 inches
wide, with letters at least one-half inch in height in high contrast to the background of the sign.
(c) An area of a retail marijuana store's licensed premises where marijuana or any
marijuana product is stocked for sale or dispensed for sale is a restricted access area. The retail
marijuana store must post signs, require identification, and escort visitors in compliance with 3
AAC 306.710.
(d) If a retail marijuana store displays marijuana to a consumer for the purpose of
smelling the marijuana before purchase, the retail marijuana store shall package the marijuana in
a sample jar that is protected by a plastic, metal, or other protective mesh screen, and the jar must
remain in the monitored custody of the retail marijuana store during consumer inspection. (Eff.
2/21/2016, Register 217; am 5/9/2019, Register 230; am 1/1/2021, Register 237)
3 AAC 306.330. Marijuana inventory tracking system
(a) A retail marijuana store shall use a marijuana inventory tracking system as provided
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in 3 AAC 306.730 to ensure all marijuana and marijuana product in the retail marijuana store's
possession is identified and tracked from the time the retail marijuana store receives, rejects, or
revokes acceptance of any batch of marijuana or lot of marijuana product through the sale,
transfer to another licensed marijuana establishment, including the relocation of marijuana or
marijuana product to the new licensed premises in the case of a transfer of a marijuana
establishment license to another location approved by the board, or disposal of the batch of
marijuana or lot of marijuana product.
(b) When marijuana from a marijuana cultivation facility or marijuana product from a
marijuana product manufacturing facility is delivered or transported to the licensed premises of a
retail marijuana store, the retail marijuana store shall immediately enter identification
information for that batch of marijuana or lot of marijuana product into the retail marijuana
store's marijuana inventory tracking system. A retail marijuana store shall reject marijuana or a
marijuana product that does not have a valid transport manifest generated from the marijuana
inventory tracking system of the marijuana establishment that originated the delivery.
(c) A retail marijuana store shall reconcile each transaction from the retail marijuana
store's point-of-sale system and current inventory to its marijuana inventory tracking system at
the close of business each day.
(d) A retail marijuana store shall account for any variance in the quantity of marijuana or
marijuana product the retail marijuana store received and the quantity it sold, transferred, or
disposed of. (Eff. 2/21/2016, Register 217; am 1/22/2023, Register 245; am 1/5/2024, Register
249)
3 AAC 306.335. Health and safety requirements
A retail marijuana store shall comply with each applicable health and safety requirement set out
in 3 AAC 306.735. (Eff. 2/21/2016, Register 217)
3 AAC 306.340. Testing required for marijuana and marijuana products
A retail marijuana store may not sell, give, distribute, deliver, or offer to sell, give, distribute, or
deliver, marijuana or a marijuana product until all laboratory testing required under 3 AAC
306.645 has been completed, and the label required under 3 AAC 306.475 or 3 AAC 306.570 is
affixed. (Eff. 2/21/2016, Register 217)
3 AAC 306.345. Packaging and labeling
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(a) A retail marijuana store shall assure that
(1) marijuana sold on its licensed premises is packaged and labeled in compliance
with 3 AAC 306.470 and 3 AAC 306.475;
(2) any marijuana product sold on its licensed premises is packaged and labeled in
compliance with 3 AAC 306.565 and 3 AAC 306.570; and
(3) at the point of sale, marijuana or a marijuana product sold is packaged in
resealable, child-resistant packaging designed or constructed to be significantly difficult for
children under five years of age to open, but not normally difficult for adults to use properly; and
(4) unless already packaged by the cultivation facility or the manufacturing
facility in an opaque package for final retail sale, any marijuana or marijuana product purchased
by the consumer is placed in an opaque package by the retail marijuana store or the consumer
before the consumer exits the retail marijuana store.
(b) In addition to labeling requirements provided in (a) of this section, a retail marijuana
store shall affix a label to each package of marijuana or marijuana product that
(1) identifies the retail marijuana store selling the marijuana product by name or
distinctive logo and marijuana establishment license number;
(2) states the estimated amount of total THC in the labeled product; and
(3) contains each of the following statements:
(A) "Marijuana has intoxicating effects and may be habit forming and
addictive.";
(B) "Marijuana impairs concentration, coordination, and judgment. Do not
operate a vehicle or machinery under its influence.";
(C) "There are health risks associated with consumption of marijuana.";
(D) "For use only by adults twenty-one and older. Keep out of the reach of
children.";
(E) "Marijuana should not be used by women who are pregnant or breast
feeding.".
(c) In this section, “opaque” means a packaging material that does not allow the contents
of the package to be seen without opening the package. (Eff. 2/21/2016, Register 217; am
11/8/2018, Register 228; am 12/5/2021, Register 240)
3 AAC 306.350. Identification requirement to prevent sale to person under 21
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(a) A retail marijuana store shall refuse to sell marijuana or a marijuana product or
complete a walk-up or drive-through exterior window order of marijuana or marijuana product to
a person who does not produce a form of valid photographic identification showing that person is
21 years of age or older.
(b) For the purpose of this section, a valid form of photographic identification is
(1) an unexpired, unaltered passport;
(2) an unexpired, unaltered driver's license, instruction permit, or identification
card of a state or territory of the United States, the District of Columbia, or a province or territory
of Canada;
(3) an identification card issued by a federal or state agency authorized to issue a
driver's license or identification card; or
(4) a tribal identification card, issued by a federally recognized tribe, that meets
the following criteria;
(A) the identification card has a photograph, a signature, and a date of
birth; and
(B) the identification card has security features as identified by AS
28.15.111(a)(4). (Eff. 2/21/2016, Register 217; am 9/24/2021, Register 239; am
8/13/2023, Register 247)
Editor’s note: A list of federally recognized tribes can be found at
https//www.federalregister.gov/documents/2020/01/30/2020-01707/Indian-entities-recognized-by-and-eligible-to-
receive-services-from-the-united-states-bureau-of-indian-affairs.
3 AAC 306.355. Limit on quantity sold
(a) A retail marijuana store may not sell to any one person per day
(1) more than one ounce of usable marijuana;
(2) more than seven grams of marijuana concentrate for inhalation; or
(3) more than 5,600 milligrams of THC in combined sales of marijuana and
marijuana products.
(b) The limits set out in (a) of this section include marijuana or marijuana product sold
for onsite consumption under 3 AAC 306.370. (Eff. 2/21/2016, Register 217; am 4/11/2019,
Register 230; am 10/18/2020, Register 236)
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3 AAC 306.360. Restriction on advertising of marijuana and marijuana products
(Eff. 2/21/2016, Register 217; repealed 10/17/2018, Register 228)
3 AAC 306.365. Required consumer notices for retail marijuana stores
(a) A retail marijuana store shall post, in a conspicuous location visible to customers, the
following notices:
(1) “Consumption of marijuana in public is prohibited by law.”;
(2) “Transportation or carriage of marijuana or marijuana products on Alaska
waterways, including cruise ships, or by air carrier is prohibited by federal law.”;
(3) “Transportation or shipment of marijuana or marijuana products outside the
State of Alaska is prohibited by federal law.”;
(4) “Providing marijuana to persons under 21 years of age is prohibited by law.”.
(b) Notification signs required under (a) of this section must be at least 11 inches by 14
inches in size. Lettering must be at least one-half inch in height and in colors that contrast with
the background. (Eff. 7/22/2017, Register 223)
3 AAC 306.370. Onsite consumption endorsement for retail marijuana stores
(a) Unless prohibited by local or state law, the board may approve an onsite consumption
endorsement for a licensed retail marijuana store for consumption, on the marijuana retail store
premises,
(1) of edible marijuana product only, in compliance with this section, in an
indoor or outdoor area, regardless of whether the licensed retail marijuana store is freestanding;
(2) by any method, in compliance with this section, in an indoor or outdoor area
of a freestanding licensed retail marijuana store.
(b) A licensed retail marijuana store with an approved onsite consumption endorsement
is authorized to sell, for consumption at the time of purchase and only in an area designated as
the marijuana consumption area,
(1) marijuana bud or flower, in quantities not to exceed one gram to any one
person per day;
(2) edible marijuana products in quantities not to exceed 25 milligrams of THC to
any one person per day; and
(3) a vaping device that contains not more than 0.3 grams of marijuana
concentrate to any one person per day; a person may not consume marijuana concentrate onsite
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by a means other than vaping as described in this paragraph.
(c) A licensed retail marijuana store with an approved onsite consumption endorsement
may
(1) sell food or beverages not containing marijuana or alcohol; and
(2) allow a person to remove from the licensed premises marijuana or marijuana
products that have been purchased on the licensed premises for consumption under this section,
if they are packaged in accordance with 3 AAC 306.345.
(d) A licensed retail marijuana store with an approved onsite consumption endorsement
may not
(1) allow any licensee, employee, or agent of a licensee to consume marijuana or
marijuana products, including marijuana concentrate, during the course of a work shift;
(2) allow a person to consume tobacco or tobacco products in the marijuana
consumption area;
(3) allow a person to bring into or consume in the marijuana consumption area
any marijuana or marijuana product that were not purchased at the licensed retail marijuana
store;
(4) sell, offer to sell, or deliver marijuana or marijuana products at a price less
than the price regularly charged for the marijuana or marijuana products during the same
calendar week;
(5) sell, offer to sell, or deliver an unlimited amount of marijuana or marijuana
products during a set period of time for a fixed price;
(6) sell, offer to sell, or deliver marijuana or marijuana products on any one day
at prices less than those charged the general public on that day;
(7) encourage or permit an organized game or contest on the licensed premises
that involves consuming marijuana or marijuana products or the awarding of marijuana or
marijuana products as prizes; or
(8) advertise or promote in any way, either on or off the licensed premises, a
practice prohibited under this section.
(e) A marijuana consumption area must have the following characteristics:
(1) the marijuana consumption area must be isolated from the other areas of the
retail marijuana store, must be separated by walls and secure door, and must have access only
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from the retail marijuana store;
(2) the licensed marijuana retail store must provide a smoke-free area for
employees to monitor the marijuana consumption area;
(3) a marijuana consumption area that is indoors and in which smoking is
permitted must have a ventilation system
(A) that is separate from the ventilation system of the other areas of the
licensed retail marijuana store or other licensed marijuana establishments in a
freestanding building; and
(B) that directs air from the marijuana consumption area to the outside of
the building through a filtration system sufficient to remove visible smoke, consistent
with all applicable building codes and ordinances, and adequate to eliminate odor at the
property line;
(4) if outdoors, the marijuana consumption area must be found by the board to be
compatible with uses in the surrounding area through evaluation of
(A) neighboring uses;
(B) the location of air intake vents on neighboring buildings, if
consumption by smoking is permitted;
(C) a sight-obscuring wall or fence around the outdoor marijuana
consumption area;
(D) objections of property owners, residents, and occupants within 250
linear feet or the notification distance required by the local government, whichever is
greater; and
(E) any other information the board finds relevant.
(f) An applicant for an onsite consumption endorsement must file an application on a
form the board prescribes, including the endorsement fee set out in 3 AAC 306.100, and
(1) the applicant’s operating plan, in a format the board prescribes, describing the
retail marijuana store’s plan for
(A) security, in addition to what is required for a retail marijuana store,
including
(i) doors and locks;
(ii) windows;
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(iii) measures to prevent diversion; and
(iv) measures to prohibit access to persons under 21 years of age;
(B) ventilation, if consumption by smoking is to be permitted in an indoor
area; ventilation plans must be
(i) signed and approved by a licensed mechanical engineer;
(ii) sufficient to remove visible smoke; and
(iii) consistent with all applicable building codes and ordinances;
(C) monitoring overconsumption;
(D) unconsumed marijuana, by disposal or by packaging in accordance
with 3 AAC 306.345; and
(E) preventing introduction into the marijuana consumption are of
marijuana or marijuana products not sold by the retail marijuana store, and marijuana or
marijuana products not sold specifically for onsite consumption;
(2) the applicant’s detailed diagram of the marijuana consumption area which
must show the location of
(A) the licensed premises of the retail marijuana store;
(B) the serving area or areas;
(C) ventilation exhaust points, if applicable;
(D) the employee monitoring area;
(E) doors, windows, or other exits; and
(F) access control points;
(3) the title, lease, or other documentation showing the applicant’s sole right of
possession of the proposed marijuana consumption area, if the area is not already part of the
approved licensed premises for the retail marijuana store; and
(4) for an outdoor marijuana consumption area,
(A) an affidavit that notice of an outdoor marijuana consumption area has
been mailed to property owners, residents, and occupants of properties within 250 linear
feet of the boundaries of the property on which the onsite consumption endorsement is
proposed, or the notification distance required by the local government, whichever is
greater.
(g) The retail marijuana store holding an onsite consumption endorsement under this
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chapter shall
(1) destroy all unconsumed marijuana left abandoned or unclaimed in the
marijuana consumption area in accordance with the operating plan and 3 AAC 306.740;
(2) monitor patrons in the marijuana consumption area at all times, specifically
for overconsumption;
(3) display all warning signs required under 3 AAC 306.360 and 3 AAC 306.365
within the marijuana consumption area, visible to all consumers;
(4) provide, at no cost to patrons, written materials containing marijuana dosage
and safety information for each type of marijuana or marijuana product sold for consumption in
the marijuana consumption area;
(5) package and label all marijuana or marijuana products sold for consumption
on the premises as required in 3 AAC 306.345; and
(6) comply with any conditions set by the local government or placed on the
endorsement by the board.
(h) The holder of an onsite consumption endorsement must apply for renewal annually at
the time of renewal of the underlying retail marijuana store license. (Eff. 4/11/2019, Register
230; am 8/7/2021, Register 239)
3 AAC 306.380. Walk-up or drive-through exterior window pick-up for retail marijuana
stores
(a) Unless prohibited by local law, a licensed retail marijuana store may serve a consumer
through a walk-up or drive-through exterior window in compliance with the requirements of this
section.
(b) Before accepting orders for sales of marijuana or marijuana products through a walk-
up or drive-through exterior window, a licensed retail marijuana store shall submit an operating
plan or modification of an operating plan of the licensed premises to the board for approval. The
operating plan or modified operating plan must depict the walk-up or drive-through exterior
window area and the video surveillance of the walk-up or drive-through exterior window area.
(c) The area immediately outside a walk-up or drive-through exterior window must be
under the licensee’s sole possession and control and may not include any public property
including public streets, public sidewalks, or public parking lots.
(d) The licensed retail marijuana store may accept Internet or telephone orders or may
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accept orders from the consumer at the walk-up or drive-through exterior window. Internet or
telephone orders must be paid for and picked up in person by the consumer placing the order. All
orders received through the walk-up or drive-through exterior window must be placed by the
consumer from a menu. The retail marijuana store may not display marijuana or marijuana
products at the walk-up or drive-through exterior window.
(e) Before completing a sale at a walk-up or drive-through exterior window, the licensee
or the employee shall physically view and inspect the consumer’s photographic identification.
Each person in a vehicle at the drive-through exterior window must be 21 years of age or older,
unless the person is the consumer’s own child, grandchild, or ward who is not older than seven
years of age seated or otherwise required by local or state law to be seated in a car seat or booster
seat.
(f) All sales must occur within the licensed premises. This requirement is satisfied if
payment is made through the following means:
(1) by an electronic Internet-based payment platform;
(2) by a mobile payment point-of-sale system;
(3) by payment transferred through the walk-up or drive-through exterior window
into the interior of the retail marijuana store.
(g) A walk-up or drive-through exterior window area must be located so as to minimize
compromises to security. For every transfer of marijuana or marijuana product through a walk-up
or drive-through exterior window, the licensed retail marijuana store’s video surveillance must
enable the recording of the licensee or the employee verifying the consumer’s photographic
identification and the completion of the transaction.
(h) The licensee shall ensure that sales and all interactions at the walk-up or drive-
through exterior window are video recorded and the records are stored in compliance with 3
AAC 306.720.
(i) Sales of marijuana or marijuana products via a walk-up or drive-through exterior
window are subject to requirements and restrictions imposed by the relevant local government.
(Eff. 8/13/2023, Register 247)
36
Alaska Statutes
AS 17.38 - The Regulation of Marijuana
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Chapter 17.38 THE REGULATION OF MARIJUANA
Sec. 17.38.010. Purpose and findings.
(a)In the interest of allowing law enforcement to focus on violent and property crimes, and to
enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana
should be legal for persons 21 years of age or older.
(b)In the interest of the health and public safety of our citizenry, the people of the state of
Alaska further find and declare that the production and sale of marijuana should be regulated so that
(1)individuals will have to show proof of age before purchasing marijuana;
(2)legitimate, taxpaying business people, and not criminal actors, will conduct sales of
marijuana; and
(3)marijuana sold by regulated businesses will be labeled and subject to additional
regulations to ensure that consumers are informed and protected.
(c)The people of the state of Alaska further declare that the provisions of this Act are not
intended to diminish the right to privacy as interpreted by the Alaska Supreme Court in Ravin v. State of
Alaska.
(d)Nothing in this Act proposes or intends to require any individual or entity to engage in any
conduct that violates federal law, or exempt any individual or entity from any requirement of federal
law, or pose any obstacle to federal enforcement of federal law.
Sec. 17.38.020. Personal use of marijuana.
Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following
acts, by persons 21 years of age or older, are lawful and are not criminal or civil offenses under Alaska
law or the law of any political subdivision of Alaska or bases for seizure or forfeiture of assets under
Alaska law:
(1)possessing, using, displaying, purchasing, or transporting marijuana accessories or
one ounce or less of marijuana;
(2)possessing, growing, processing, or transporting not more than six marijuana plants,
with three or fewer being mature, flowering plants, and possession of the marijuana produced
by the plants on the premises where the plants were grown, except that not more than 12
marijuana plants, with six or fewer being mature, flowering plants, may be present in a single
dwelling regardless of the number of persons 21 years of age or older residing in the dwelling;
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(3) transferring one ounce or less of marijuana and up to six immature marijuana plants
to a person who is 21 years of age or older without remuneration;
(4) consumption of marijuana, except that nothing in this chapter permits the
consumption of marijuana in public; and
(5) assisting, aiding, or supporting another person who is 21 years of age or older in any
of the acts described in (1) ‐ (4) of this section.
Sec. 17.38.030. Restrictions on personal cultivation, penalty.
(a) The personal cultivation of marijuana described in AS 17.38.020(2) is subject to the following
terms:
(1) marijuana plants shall be cultivated in a location where the plants are not subject to
public view without the use of binoculars, aircraft, or other optical aids;
(2) a person who cultivates marijuana must take reasonable precautions to ensure the
plants are secure from unauthorized access;
(3) marijuana cultivation may only occur on property lawfully in possession of the
cultivator or with the consent of the person in lawful possession of the property.
(b) A person who violates this section while otherwise acting in compliance with AS
17.38.020(2) is guilty of a violation punishable by a fine of up to $750.
Sec. 17.38.040. Public consumption banned, penalty.
It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation
punishable by a fine of up to $100.
Sec. 17.38.050. False identification, penalty.
(a) A person who is under 21 years of age may not present or offer to a marijuana
establishment or the marijuana establishment's agent or employee any written or oral evidence of age
that is false, fraudulent, or not actually the person's own, for the purpose of
(1) purchasing, attempting to purchase, or otherwise procuring or attempting to
procure marijuana or marijuana products; or
(2) gaining access to a marijuana establishment.
(b) A person who violates this section is guilty of a violation punishable by a fine of up to $400.
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Sec. 17.38.060. Marijuana accessories authorized.
Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or
the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska
law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or
to distribute or sell marijuana accessories to a person who is 21 years of age or older.
Sec. 17.38.070. Lawful operation of marijuana‐related facilities.
(a) Notwithstanding any other provision of law, the following acts, when performed by a retail
marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in
the person's capacity as an owner, employee, or agent of a retail marijuana store, are lawful and shall
not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:
(1) possessing, displaying, storing, or transporting marijuana or marijuana products,
except that marijuana and marijuana products may not be displayed in a manner that is visible
to the general public from a public right‐of‐way;
(2) delivering or transferring marijuana or marijuana products to a marijuana testing
facility;
(3) receiving marijuana or marijuana products from a marijuana testing facility;
(4) purchasing marijuana from a marijuana cultivation facility;
(5) purchasing marijuana or marijuana products from a marijuana product
manufacturing facility; and
(6) delivering, distributing, or selling marijuana or marijuana products to consumers.
(b) Notwithstanding any other provision of law, the following acts, when performed by a
marijuana cultivation facility with a current, valid registration, or a person 21 years of age or older who
is acting in the person's capacity as an owner, employee, or agent of a marijuana cultivation facility, are
lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under
Alaska law:
(1) cultivating, manufacturing, harvesting, processing, packaging, transporting,
displaying, storing, or possessing marijuana;
(2) delivering or transferring marijuana to a marijuana testing facility;
(3) receiving marijuana from a marijuana testing facility;
(4) delivering, distributing, or selling marijuana to a marijuana cultivation facility, a
marijuana product manufacturing facility, or a retail marijuana store;
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(5) receiving or purchasing marijuana from a marijuana cultivation facility; and
(6) receiving marijuana seeds or immature marijuana plants from a person 21 years of
age or older.
(c) Notwithstanding any other provision of law, the following acts, when performed by a
marijuana product manufacturing facility with a current, valid registration, or a person 21 years of age or
older who is acting in the person's capacity as an owner, employee, or agent of a marijuana product
manufacturing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure
or forfeiture of assets under Alaska law:
(1) packaging, processing, transporting, manufacturing, displaying, or possessing
marijuana or marijuana products;
(2) delivering or transferring marijuana or marijuana products to a marijuana testing
facility;
(3) receiving marijuana or marijuana products from a marijuana testing facility;
(4) delivering or selling marijuana or marijuana products to a retail marijuana store or a
marijuana product manufacturing facility;
(5) purchasing marijuana from a marijuana cultivation facility; and
(6) purchasing of marijuana or marijuana products from a marijuana product
manufacturing facility.
(d) Notwithstanding any other provision of law, the following acts, when performed by a
marijuana testing facility with a current, valid registration, or a person 21 years of age or older who is
acting in the person's capacity as an owner, employee, or agent of a marijuana testing facility, are lawful
and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska
law:
(1) possessing, cultivating, processing, repackaging, storing, transporting, displaying,
transferring, or delivering marijuana;
(2) receiving marijuana or marijuana products from a marijuana cultivation facility, a
marijuana retail store, a marijuana products manufacturer, or a person 21 years of age or older;
and
(3) returning marijuana or marijuana products to a marijuana cultivation facility,
marijuana retail store, marijuana products manufacturer, or a person 21 years of age or older.
(e) Notwithstanding any other provision of law, it is lawful and shall not be an offense under
Alaska law or be a basis for seizure or forfeiture of assets under Alaska law to lease or otherwise allow
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the use of property owned, occupied, or controlled by any person, corporation, or other entity for any of
the activities conducted lawfully in accordance with (a) ‐ (d) of this section.
(f) Nothing in this section prevents the imposition of penalties upon marijuana establishments
for violating this chapter or rules adopted by the board or local governments pursuant to this chapter.
(g) The provisions of AS 17.30.020 do not apply to marijuana establishments.
Sec. 17.38.080. Marijuana Control Board; appointment and qualifications.
(a) The Marijuana Control Board is established in the Department of Commerce, Community,
and Economic Development as a regulatory and quasi‐judicial agency. The board is in the Department of
Commerce, Community, and Economic Development for administrative purposes only.
(b) The board members shall be appointed by the governor and confirmed by a majority of the
members of the legislature in joint session. A member of the board may not hold any other state or
federal office, either elective or appointive. The board consists of five voting members as follows:
(1) one person from the public safety sector;
(2) one person from the public health sector;
(3) one person currently residing in a rural area;
(4) one person actively engaged in the marijuana industry; and
(5) one person who is either from the general public or actively engaged in the
marijuana industry.
(c) Not more than two members of the board may be engaged in the same business,
occupation, or profession.
(d) A board member representing the general public, the public safety sector, the public health
sector, or a rural area, or the member's immediate family member, may not have a financial interest in
the marijuana industry.
(e) In this section,
(1) "financial interest" means holding, directly or indirectly, a legal or equitable interest
in the operation of a business licensed under this chapter;
(2) "immediate family member" means a spouse, child, or parent;
(3) "marijuana industry" means a business or profession related to marijuana in which
the person is lawfully engaged and that is in compliance with the provisions of state law,
including this chapter and regulations adopted under this chapter;
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(4) "public health sector" means a state, federal, or local entity that works to ensure
the health and safety of persons and communities through education, policymaking, treatment
and prevention of injury and disease, and promotion of wellness;
(5) "public safety sector" means a state, federal, or local law enforcement authority
that provides for the welfare and protection of the general public through the enforcement of
applicable laws;
(6) "rural area" means a community with a population of 7,000 or less that is not
connected by road or rail to Anchorage or Fairbanks, or with a population of 2,000 or less that is
connected by road or rail to Anchorage or Fairbanks.
Sec. 17.38.091. Terms of office; chair.
(a) Members of the board serve staggered three‐year terms.
(b) Except as provided in AS 39.05.080(4), a member of the board serves until a successor is
appointed.
(c) A vacancy occurring in the membership of the board shall be filled within 30 days by
appointment of the governor for the unexpired portion of the vacated term.
(d) A member who has served all or part of three successive terms on the board may not be
reappointed to the board unless three years have elapsed since the person has last served on the board.
(e) The board shall select a chair from among its members.
Sec. 17.38.101. Per diem and expenses.
Members of the board do not receive a salary but are entitled to per diem and travel expenses
authorized for boards and commissions under AS 39.20.180.
Sec. 17.38.111. Meetings.
(a) The board shall meet at the call of the chair. The board shall also meet at least once each
year in each judicial district of the state to study this chapter and existing board regulations in light of
statewide and local issues. Unless impracticable, the board shall hold its regular meetings at the same
location as and within 24 hours of the regular meetings of the Alcoholic Beverage Control Board.
(b) Three members of the board constitute a quorum for the conduct of business. A majority of
the whole membership of the board must approve applications for new licenses, renewals, transfers,
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suspensions, and revocations of existing licenses, and product approvals as provided in regulations
adopted by the board.
Sec. 17.38.121. Powers and duties of the board.
(a) The board shall control the cultivation, manufacture, and sale of marijuana in the state. The
board is vested with the powers and duties necessary to enforce this chapter.
(b) The board shall
(1) propose and adopt regulations;
(2) establish by regulation the qualifications for licensure including fees and factors
related to the applicant's experience, criminal justice history, and financial interests;
(3) review applications for licensure made under this chapter and may order the
executive director to issue, renew, suspend, or revoke a license authorized under this chapter;
and
(4) hear appeals from actions of the director and from actions of officers and
employees charged with enforcing this chapter and the regulations adopted under this chapter.
(c) When considering an application for licensure, the board may reduce the area to be
designated as the licensed premises from the area applied for if the board determines that a reduction
in area is necessary to ensure control over the sale and consumption of marijuana on the premises or is
otherwise in the public interest.
(d) The board shall adopt regulations under this chapter in accordance with AS 44.62
(Administrative Procedure Act).
(e) The board may employ, directly or through contracts with other departments and agencies
of the state, enforcement agents and staff it considers necessary to carry out the purposes of this
chapter. The salaries of personnel of the board in the exempt service shall be set by the Department of
Administration.
(f) The board shall promptly notify all licensees and municipalities of major changes to this
chapter and to regulations adopted under this chapter. However, if changes affect only specific
classifications of licenses and permits, the board need only notify those licensees and municipalities
directly affected by the changes. Current copies of this chapter and current copies of the regulations
adopted under this chapter shall be made available at all offices in the state of the Department of
Commerce, Community, and Economic Development and the detachment headquarters and posts
maintained by the division of Alaska state troopers in the Department of Public Safety.
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Sec. 17.38.131. Enforcement powers.
The director and the persons employed for the administration and enforcement of this chapter may,
with the concurrence of the commissioner of public safety, exercise the powers of peace officers
when those powers are specifically granted by the board. Powers granted by the board under this
section may be exercised only when necessary for the enforcement of the criminally punishable
provisions of this chapter, other criminal statutes relating to substances or activities regulated or
permitted under this chapter, regulations of the board, and other criminally punishable laws and
regulations relating to marijuana.
Sec. 17.38.140. Appointment and removal of director; staff.
(a) The director of the Alcoholic Beverage Control Board appointed under AS 04.06.070 shall
serve as the director of the board. The board may remove the director by a majority vote of the full
membership of the board and a majority vote of the full membership of the Alcoholic Beverage
Control Board. The governor may remove the executive director as provided in AS 04.06.070.
(b) The paid staff of the Alcoholic Beverage Control Board created in AS 04.06.010 shall
also be the staff for the board.
Sec. 17.38.150. Duties of director.
The director shall enforce this chapter and regulations adopted by the board. The director shall issue,
renew, transfer, suspend, or revoke all licenses and permits and issue product approvals at the
direction of the board. The board may delegate to the director the authority to temporarily grant or
deny the issuance, renewal, or transfer of licenses and permits. The director's temporary grant or
denial of the issuance, renewal, or transfer of a license or permit is not binding on the board. The
board may delegate to the director any duty imposed by this chapter except its power to propose and
adopt regulations.
Sec. 17.38.190. Rulemaking.
(a) Not later than nine months after February 24, 2015, the board shall adopt regulations
necessary for implementation of this chapter. Such regulations shall not prohibit the operation of
marijuana establishments, either expressly or through regulations that make their operation
unreasonably impracticable. Such regulations shall include
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(1) procedures for the issuance, renewal, suspension, and revocation of a registration
to operate a marijuana establishment, with such procedures subject to all requirements of AS
44.62 (Administrative Procedure Act);
(2) a schedule of application, registration, and renewal fees, provided, application
fees shall not exceed $5,000, with this upper limit adjusted annually for inflation, unless the
board determines a greater fee is necessary to carry out its responsibilities under this
chapter;
(3) qualifications for registration that are directly and demonstrably related to
the operation of a marijuana establishment;
(4) security requirements for marijuana establishments, including for the
transportation of marijuana by marijuana establishments;
(5) requirements to prevent the sale or diversion of marijuana and marijuana
products to persons under the age of 21;
(6) labeling requirements for marijuana and marijuana products sold or distributed
by a marijuana establishment;
(7) health and safety regulations and standards for the manufacture of
marijuana products and the cultivation of marijuana;
(8) reasonable restrictions on the advertising and display of marijuana and
marijuana products; and
(9) civil penalties for the failure to comply with regulations made pursuant to this
chapter.
(b) In order to ensure that individual privacy is protected, the board shall not require a
consumer to provide a retail marijuana store with personal information other than government‐
issued identification to determine the consumer's age, and a retail marijuana store shall not be
required to acquire and record personal information about consumers.
Sec. 17.38.200. Marijuana establishment registrations.
(a) Each application or renewal application for a registration to operate a marijuana
establishment shall be submitted to the board. A renewal application may be submitted up to 90 days
before the expiration of the marijuana establishment's registration. When filing an application for a
new registration under this subsection, the applicant shall submit the applicant's fingerprints and the
fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information
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and a national criminal history record check. When filing an application for renewal of registration, an
applicant shall submit the applicant’s fingerprints and the fees required by the Department of Public
Safety under AS 12.62.160 for criminal justice information and a national criminal history record check
every five years. The board shall forward the fingerprints and fees to the Department of Public Safety
to obtain a report of criminal justice information under AS 12.62 and a national criminal history record
check under AS 12.62.400.
(b) The board shall begin accepting and processing applications to operate marijuana
establishments one year after February 24, 2015.
(c) Upon receiving an application or renewal application for a marijuana establishment, the
board shall immediately forward a copy of each application and half of the registration application
fee to the local regulatory authority for the local government in which the applicant desires to
operate the marijuana establishment, unless the local government has not designated a local
regulatory authority pursuant to AS 17.38.210(c).
(d) Within 45 to 90 days after receiving an application or renewal application, the board
shall issue an annual registration to the applicant unless the board finds the applicant is not in
compliance with regulations enacted pursuant to AS 17.38.190 or the board is notified by the
relevant local government that the applicant is not in compliance with ordinances and regulations
made pursuant to AS 17.38.210 and in effect at the time of application.
(e) If a local government has enacted a numerical limit on the number of marijuana
establishments and a greater number of applicants seek registrations, the board shall solicit and
consider input from the local regulatory authority as to the local government's preference or
preferences for registration.
(f) Upon denial of an application, the board shall notify the applicant in writing of
the specific reason for its denial.
(g) Every marijuana establishment registration shall specify the location where the
marijuana establishment will operate. A separate registration shall be required for each location at
which a marijuana establishment operates.
(h) Marijuana establishments and the books and records maintained and created by
marijuana establishments are subject to inspection by the board.
(i) A marijuana establishment may not be registered under this chapter if a person who is an
owner, officer, or agent of the marijuana establishment has been convicted of a felony and either
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(1) less than five years have elapsed from the time of the person's conviction;
or
(2) the person is currently on probation or parole for that felony.
Sec. 17.38.210. Local control.
(a) A local government may prohibit the operation of marijuana cultivation facilities,
marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores
through the enactment of an ordinance or by a voter initiative. An established village may prohibit the
operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana
testing facilities, or retail marijuana stores as provided in AS 17.38.300.
(b) A local government may enact ordinances or regulations not in conflict with this chapter
or with regulations enacted pursuant to this chapter, governing the time, place, manner, and number
of marijuana establishment operations. A local government may establish civil penalties for violation
of an ordinance or regulation governing the time, place, and manner of a marijuana establishment
that may operate in such local government.
(c) A local government may designate a local regulatory authority that is responsible for
processing applications submitted for a registration to operate a marijuana establishment within the
boundaries of the local government. The local government may provide that the local regulatory
authority may issue such registrations should the issuance by the local government become necessary
because of a failure by the board to adopt regulations pursuant to AS 17.38.190 or to accept or
process applications in accordance with AS 17.38.200.
(d) A local government may establish procedures for the issuance, suspension, and
revocation of a registration issued by the local government in accordance with (f) of this section or
(g) of this section. These procedures shall be subject to all requirements of AS 44.62 (Administrative
Procedure Act).
(e) A local government may establish a schedule of annual operating, registration, and
application fees for marijuana establishments, provided, the application fee shall only be due if an
application is submitted to a local government in accordance with (f) of this section and a registration
fee shall only be due if a registration is issued by a local government in accordance with (f) of this
section or (g) of this section.
(f) If the board does not issue a registration to an applicant within 90 days of receipt of the
application filed in accordance with AS 17.38.200 and does not notify the applicant of the specific,
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permissible reason for its denial, in writing and within such time period, or if the board has adopted
regulations pursuant to AS 17.38.190 and has accepted applications pursuant to AS 17.38.200 but has
not issued any registrations by 15 months after the effective date of this Act, the applicant may
resubmit its application directly to the local regulatory authority, pursuant to (c) of this section, and
the local regulatory authority may issue an annual registration to the applicant. If an application is
submitted to a local regulatory authority under this subsection, the board shall forward to the local
regulatory authority the application fee paid by the applicant to the board upon request by the local
regulatory authority.
(g) If the board does not adopt regulations required by AS 17.38.190, an applicant may
submit an application directly to a local regulatory authority after one year after February 24, 2015
and the local regulatory authority may issue an annual registration to the applicant.
(h) A local regulatory authority issuing a registration to an applicant shall do so within 90 days
of receipt of the submitted or resubmitted application unless the local regulatory authority finds and
notifies the applicant that the applicant is not in compliance with ordinances and regulations made
pursuant to (b) of this section in effect at the time the application is submitted to the local regulatory
authority. The local government shall notify the board if an annual registration has been issued to the
applicant.
(i) A registration issued by a local government in accordance with (f) of this section or (g) of this
section shall have the same force and effect as a registration issued by the board in accordance with AS
17.38.200. The holder of such registration shall not be subject to regulation or enforcement by the
board during the term of that registration.
(j) A subsequent or renewed registration may be issued under (f) of this section on an annual
basis only upon resubmission to the local government of a new application submitted to the board
pursuant to AS 17.38.200.
(k) A subsequent or renewed registration may be issued under (g) of this section on an annual
basis if the board has not adopted regulations required by AS 17.38.190 at least 90 days prior to the date
upon which such subsequent or renewed registration would be effective or if the board has adopted
regulations pursuant to AS 17.38.190 but has not, at least 90 days after the adoption of such regulations,
issued registrations pursuant to AS 17.38.200.
(l) Nothing in this section shall limit such relief as may be available to an aggrieved party under
AS 44.62 (Administrative Procedure Act).
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(m) Except as provided in AS 29, the exercise of the powers authorized by this section by a
borough may be exercised only on a nonareawide basis. In this subsection, "nonareawide" means
throughout the area of a borough outside all cities in the borough.
Sec. 17.38.220. Employers, driving, minors, and control of property.
(a) Nothing in this chapter is intended to require an employer to permit or accommodate the
use, consumptions, possession, transfer, display, transportation, sale, or growing of marijuana in the
workplace or to affect the ability of employers to have policies restricting the use of marijuana by
employees.
(b) Nothing in this chapter is intended to allow driving under the influence of marijuana or
to supersede laws related to driving under the influence of marijuana.
(c) Nothing in this chapter is intended to permit the transfer of marijuana, with or without
remuneration, to a person under the age of 21.
(d) Nothing in this chapter shall prohibit a person, employer, school, hospital, recreation
or youth center, correction facility, corporation, or any other entity who occupies, owns, or
controls private property from prohibiting or otherwise regulating the possession, consumption,
use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that
property.
Sec. 17.38.230. Impact on medical marijuana law.
Nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana
patient or medical marijuana caregiver under AS 17.37.
Sec. 17.38.300. Local option election by an established village.
(a) If a majority of the voters voting on the question vote to approve the option, an
established village shall exercise a local option to prohibit the operation of one or more of the
following types of marijuana establishments:
(1) marijuana cultivation facilities;
(2) marijuana product manufacturing facilities;
(3) marijuana testing facilities; or
(4) retail marijuana stores.
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(b) A ballot question to adopt a local option under this section must at least contain
language substantially similar to the following: "Shall (name of village) adopt a local option to
prohibit (specify local option under (a) of this section)? (yes or no)."
Sec. 17.38.310. Removal of local option.
(a) If a majority of the voters voting on the question vote to remove the option, an
established village shall remove a local option previously adopted under AS 17.38.300. The option is
repealed effective the first day of the month following certification of the results of the election.
(b) A ballot question to remove a local option under this section must at least contain
language substantially similar to the following: "Shall (name of village) remove the local option
currently in effect, that prohibits (current local option under AS 17.38.300(a)), so that there is no
longer any local option in effect? (yes or no)."
(c) When issuing a registration in the area that has removed a local option, the board shall
give priority to an applicant who was formerly registered and whose registration was not renewed
because of the results of the previous local option election. However, an applicant described in this
subsection does not have a legal right to registration, and the board is not required to approve the
application.
Sec. 17.38.320. Effect on registrations of prohibition of marijuana establishments.
If a majority of voters vote to prohibit the operation of marijuana establishments under AS 17.38.300,
the board may not issue, renew, or transfer, between persons or locations, a registration for a
marijuana establishment located within the perimeter of the established village. A registration that
may not be renewed because of a local option election held under AS 17.38.300 is void 90 days after
the results of the election are certified. A registration that expires during the 90 days after the results
of a local option election are certified may be extended, until it is void under this section, by payment
of a prorated portion of the annual registration fee.
Sec. 17.38.330. Prohibition of sale and manufacture after election.
(a) If a majority of the voters vote to prohibit the operation of marijuana establishments
under AS 17.38.300, a person may not knowingly sell or manufacture marijuana in the established
village.
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(b) If there are registered establishments within the established village, the prohibition on sale
and manufacture is effective beginning 90 days after the results of the election are certified.
(c) Nothing in this section prohibits the personal conduct authorized in AS
17.38.020.
(d) A person who violates this section is guilty, upon conviction, of a class A misdemeanor.
Each violation is a separate offense.
Sec. 17.38.340. Procedure for local option elections.
(a) An election to adopt a local option under AS 17.38.300 or remove a local option under AS
17.38.310 shall be conducted as required in this section.
(b) Upon receipt of a petition of 35 percent or more of the registered voters residing within
an established village, the lieutenant governor shall place on a separate ballot at a special election
the local option or removal of local option that constitutes the subject of the petition. The lieutenant
governor shall conduct the election under AS 15.
(c) An election under (b) of this section to remove a local option may not be conducted
during the first 24 months after the local option was adopted or more than once in a 36‐month
period.
(d) After a petition has been certified as sufficient to meet the requirements of (b) of this
section, another petition may not be filed or certified until after the question presented in the first
petition has been voted on. A local option question to prohibit the operation of marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana
stores or to prohibit all marijuana establishments may be presented in one election.
Sec. 17.38.350. Establishment of perimeter of established village.
(a) Except as provided under (b) and (c) of this section, for purposes of AS 17.38.300 ‐
17.38.320, the perimeter of an established village is a circle around the established village that
includes an area within a five‐mile radius of the post office of the established village. If the established
village does not have a post office, the perimeter of an established village is a circle around the
established village that includes an area within a five‐mile radius of another site selected by the local
governing body or by the board if the established village does not have a local governing body.
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(b) If the perimeter of an established village determined under (a) of this section includes
any area that is within the perimeter of another established village and, if the other established
village has
(1) also adopted a local option under AS 17.38.300, the local option of the
established village that is less restrictive applies in the overlapping area;
(2) not adopted a local option under AS 17.38.300, the local option does not
apply in the overlapping area.
(c) If the board determines that the perimeter of an established village as provided under
(a) and (b) of this section does not accurately reflect the perimeter of the established village, the
board may establish the perimeter of the established village and the areas of overlapping perimeter
described under (b) of this section for purposes of applying a local option selected under this
chapter.
Sec. 17.38.360. Notice of the results of a local option election.
If a majority of the voters vote to adopt or remove a local option under AS 17.38.300 or 17.38.310, the
lieutenant governor shall notify the board of the results of the election immediately after the results are
certified. The board shall immediately notify the Department of Law and the Department of Public
Safety of the results of the election.
Sec. 17.38.370. Bail forfeiture for certain offenses.
The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited
without court appearance for a violation of AS 17.38.030 ‐ 17.38.050.
Sec. 17.38.900. Definitions.
As used in this chapter, unless the context otherwise requires,
(1) "board" means the Marijuana Control Board established by AS 17.38.080;
(2) "consumer" means a person 21 years of age or older who purchases marijuana
or marijuana products for personal use by persons 21 years of age or older, but not for
resale to others;
(3) "consumption" means the act of ingesting, inhaling, or otherwise
introducing marijuana into the human body;
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(4) "director" means the director of the Marijuana Control Board and the
Alcoholic Beverage Control Board;
(5) "dwelling" has the meaning given in AS 11.81.900;
(6) "established village" means an area that does not contain any part of an
incorporated city or another established village and that is an unincorporated community
that is in the unorganized borough and that has 25 or more permanent residents;
(7) "local government" means both home rule and general law municipalities,
including boroughs and cities of all classes and unified municipalities;
(8) "local regulatory authority" means the office or entity designated to process
marijuana establishment applications by a local government;
(9) "manufacture" has the meaning given in AS 11.71.900.
(10) "marijuana" means all parts of the plant of the genus cannabis whether growing
or not, the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate; "marijuana" does not include fiber produced from the
stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant that is
incapable of germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other products, or industrial hemp as
defined in AS 03.05.100;
(11) "marijuana accessories" means any equipment, products, or materials of any kind
which are used, intended for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, composting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or
containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the
human body;
(12) "marijuana cultivation facility" means an entity registered to cultivate,
prepare, and package marijuana and to sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation facilities,
but not to consumers;
(13) "marijuana establishment" means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana store;
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(14) "marijuana product manufacturing facility" means an entity registered to
purchase marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing facilities and to
retail marijuana stores, but not to consumers;
(15) "marijuana products" means concentrated marijuana products and marijuana
products that are comprised of marijuana and other ingredients and are intended for use or
consumption, such as, but not limited to, edible products, ointments, and tinctures;
(16) "marijuana testing facility" means an entity registered to analyze and certify the
safety and potency of marijuana;
(17) "registration" means registration or licensure, as
determined by regulation;
(18) "retail marijuana store" means an entity registered to purchase marijuana
from marijuana cultivation facilities, to purchase marijuana and marijuana products
from marijuana product manufacturing facilities, and to sell marijuana and marijuana
products to consumers;
(19) "unreasonably impracticable" means that the measures necessary to comply
with the regulations require such a high investment of risk, money, time, or any other
resource or asset that the operation of a marijuana establishment is not worthy of being
carried out in practice by a reasonably prudent businessperson.
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