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HomeMy WebLinkAbout10232024 Planning & Zoning Work Session Laydown - Chair CommentsOctober 23, 2024 P&Z Work Session re: Marijuana Establishments Possible code amendments submitted by Carol Griswold Comments in italics Existing code in black, amendments in blue A. Code amendments 1. Expand definition of marijuana rather than state "Alaska Statute 17.38.900" for clarity. Change format of definition to delete repetition of word being defined. SCC 15.10.140 Definitions 54. M 'Juana. Marijuana m ans "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. B. 54. Marijuana. Marijuana as defined by Alaska Statute 17.38.900 and any amendments thereto, 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, 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; 2. Revise definition to include both standard and limited cultivation facilities, expand definitions to detail activities, and correct 3 AAC 305.405 typo as there is no 305.405: (verify with attorney) B. 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, harvest prepare, and package, store, and label marijuana and to sell marijuana to licensed retail marijuana stores, to licensed marijuana product manufacturing facilities, and to other licensed marijuana cultivation facilities, but not to consumers. At the initial stage of operations, holders of this license can plant any number of immature plants and possess any number of seeds for cultivation. They can also grow 12 or fewer mature, non -flowering marijuana plants and use them as mother plants. 1. Limited marijuana cultivation facility. A limited marijuana cultivation facility AAC 306.405(c), except that it must have fcwcr than 500 square feet under cultivation. 1. Limited marijuana facility. A licensed limited marijuana facility has the same privileges and prohibitions set forth in 3 AAC 306.405 (a) (b) (c) and can perform the same 1 activities as a licensed standard marijuana cultivation facility except it must have fewer than 500 square feet under cultivation. 2. Standard marijuana cultivation facility. A licensed standard marijuana cultivation facility has the privileges and prohibitions set forth in 3 AAC 306.405 (a) (b) (c). The facility is allowed to transport marijuana in compliance with laid -down rules. The facility can conduct in-house testing for their facility's use and also provide samples to licensed marijuana testing facilities for testing. b. Marijuana product manufacturing facility. Marijuana-pTe � ct a �� means an entity registered to purchase harvested marijuana from a cultivation facility; extract, process, manufacture, prepare, and package marijuana products; and transfer or sell marijuana and marijuana products to other marijuana product manufacturing facilities, a marijuana testing facility, or and to retail marijuana stores, but not to consumers. c. Marijuana testin facilit . 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. Add definitions here and delete from 15.10.226 H5; these are listed in Land Uses Allowed Table. Consider using less circular definitions. e. Marijuana product manufacturing, hazardous materials means a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the marijuana manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes. f. Marijuana product manufacturing, light use mean a marijuana facility not using hazardous materials in the manufacturing. B. 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. 3. Add and renumber: B. 57. Marijuana, personal use means adults age 21 and over can legally possess, grow, process, and transport up to six plants in their home with up to three being mature, flowering plants, except that not more than twelve marijuana plants, with six or fewer being mature flowering plants may be present in a single dwelling regardless of the number of adults 21 or older residing in the dwelling as per AS §17.38.020. 2 4. Add SCC Land Uses Allowed Table for clarity. Add additional restricted locations. 15.10.226 Land Uses Allowed H. Marijuana establishments as defined in SCC §15.10.140 B55 are allowed in accordance with tablc 15.10.225 SCC Land Uses Allowed Table 15.10.226 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, park, playground, athletic field, childcare facility, housing facility owned by a public housing authority, homeless and transient shelter, habilitative care facility, residential districts RM, R1, R2, R3, UR, OR, or within 1000' 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.A11 marijuana establishments shall meet all other criteria in this Code and in Alaska Statutes and Administrative Codes. 5. 15.10.226 Land Uses Allowed Table: separate entries for standard and limited cultivation facilities. Suggest leaving zones blank for discussion. Zoning Districts Uses Marijuana establishment, limited cultivation facility Marijuana establishment, standard cultivation facility Marijuana establishment product manufacturing facility, hazardous materials Marijuana establishment, product manufacturing facility, non -hazardous materials Marijuana personal use Marijuana establishment, retail store Marijuana establishment, retail store with on -site consumption endorsement, indoor Marijuana establishment, retail store with on -site consumption endorsement, outdoor Marijuana establishment, testing facility B. Discussion topics: 1. A local government may enact ordinances or regulations not in conflict with AS § 17.38.210 or with regulations enacted pursuant to AS § 17.38.210, governing the time, place, manner, and number of marijuana establishment operations. Will Seward require restrictions? 3 2. 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 by a voter initiative. Will Seward prohibit or allow any of the above? 3. Will Seward prohibit or allow walk-up or drive -through exterior window pick-up for retail marijuana stores? 4. Will Seward prohibit or allow outdoor consumption at a retail marijuana retail? 5. Will Seward prohibit or allow marijuana dispensaries to pass out free samples of products? 6. If allowed, will Seward regulate the size of the samples? https://www. alaskasnewssource. com/2023/10/06/new-regulations-startinq-oct-8-would-allow- dispensaries-qive-free-samples/ 7. Will Seward amend its drug testing policy to allow legal marijuana use for employees who are not under federal or state regulations such as police officers, workers in public transportation, or with commercial driver's licenses who are regulated by the US Department of Transportation? 8. Will drug testing for marijuana be amended to only allow saliva testing? 9. Is being under the influence while at work a terminable offense? https://www. adn. com/alaska-news/anchoraqe/2023/10/08/anchoraqe-assembly-to-consider- chanqes-to-drug-testinq-policy-allowing-legal-marijuana-use-for-many-city-workers/ 10. Will Seward amend how the separation distance is measured? https://www. m uni. orq/Departments/OCPD/Marijuana/Documents/AO%202016- 144(S)%20Marijuana%20Separation%20Distances. pdf 11. Should transient merchants on -site of a marijuana establishment be limited to sales of products for adults 21 and older? 12. Anchorage levies a 5% sales tax on the retail sales of marijuana and marijuana products. Should Seward? 4 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 Marijuana establishment, standard cultivation facility Marijuana establishment, limited cultivation facility Marijuana establishment, product manufacturing facility (hazardous materials) Marijuana establishment, product manufacturing facility (non- hazardous materials) Marijuana, personal use Marijuana establishment, retail store Marijuana establishment, retail store with on -site consumption endorsement; indoor Marijuana establishment, retail store with on -site consumption endorsement; outdoor Marijuana establishment, testing facility October 23, 2024 P&Z Work Session re: Marijuana Establishments Possible code amendments submitted by Carol Griswold Comments in italics Existing code in black, amendments in blue Supporting notes and sources provided for potential amendments A. Code amendments 1. Expand definition of marijuana rather than state "Alaska Statute 17.38.900" for clarity. Source: AS 17.68.900 definitions https://law. justia. com/codes/alaska/title-17/chapter-38/section-17-38-900/ Change format of definition to delete repetition of word being defined. SCC 15.10.140 Definitions 54. M 'Juana. Marijuana m ans "marijuana" as that tcrm is defined in Alaska Statute 17.38.900 and any amendments thereto. B. 54. Marijuana. Marijuana as defined by Alaska Statute 17.38.900 and any amendments thereto, 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, 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; 2. Revise definition to include both standard and limited cultivation facilities, expand definitions to detail activities, and correct 3 AAC 305.405 typo as there is no 305.405: (verify with attorney) B. 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, store, and IabF marijuana and to sell marijuana to Iicensea retail marijuana stores, to licensed marijuana product manufacturing facilities, and to other licensed marijuana cultivation facilities, but not to consumers. At the initial stage of operations, holders of this license can plant any number of immature plants and possess any number of seeds for cultivation. They can also grow 12 or fewer mature, non -flowering marijuana plants and use them as mother plants. 1. Limited marijuana cultivation facility. A limited marijuana cultivation facility AAC 306.405(c), except that it must have fcwcr than 500 square feet under cultivation. 1 1. Limited marijuana facility. A licensed limited marijuana facility has the same privileges and prohibitions set forth in 3 AAC 306.405 (a) (b) (c) and can perform the same activities as a licensed standard marijuana cultivation facility except it must have fewer than 500 square feet under cultivation. 2. Standard marijuana cultivation facility. A licensed standard marijuana cultivation facility has the privileges and prohibitions set forth in 3 AAC 306.405 (a) (b) (c). The facility is allowed to transport marijuana in compliance with laid -down rules. The facility can conduct in-house testing for their facility's use and also provide samples to licensed marijuana testing facilities for testing. b. Marijuana product manufacturing facility. Marijuana-pTe � �� a �� means an entity registered to purchase harvested marijuana from a cultivation facility; extract, process, manufacture, prepare, and package marijuana products; and transfer or sell marijuana and marijuana products to other marijuana product manufacturing facilities, a marijuana testing facility, or and to retail marijuana stores, but not to consumers. c. Marijuana testingfacilit . 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. Source: Anchorage Municode Chapter 21.05 Use Regulations https://www. m uni. orq/departments/ocpd/planninq/pro jects/t21/t21 %20adopted%20ch apters%20and%20ordinances/chapter%205. pdf Add definitions here and delete from 15.10.226 H5; these are listed in Land Uses Allowed Table. Consider using less circular definitions. e. Marijuana product manufacturing, hazardous materials means a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the marijuana manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes. f. Marijuana product manufacturing, light use mean a marijuana facility not using hazardous materials in the manufacturing. Source: AS §17.38.020 https://casetext. com/regulation/alaska-administrative-code/title-3-commerce- community-and-economic-development/part-19-alcoholic-beverage-control- board/chapter-306-marijuana-control/article-4-marijuana-cultivation-facilities/section- 3-aac-306410-limited-marijuana-cultivation-facility-privileges-and-prohibited-acts 2 NIOSH Workplace Safety and Health Hazards Cannabis industry exposures and hazards can be chemical, biological, or related to safety and well-being. https://www.cdc.gov/niosh/cannabis/about/index.html Colorado Department of Public Health and Environment, Marijuana occupational safety and health https://cdphe. colorado. gov/workplace-safety/resources-an d-links/marijuana- occupational-safety-and-healthGuide to Worker Safety and Health in the Marijuana Industry https://drive. google. com/file/d/OByonCYTyaB73UjU4TkpYRjdEZEU/view?pli=1&resource key=0- cOL-mxCuUVUuHfqSkhzTQ Biological hazards: mold, sensitizers/allergens (dermal and respiratory) Chemical hazards: CO2, CO, Indoor Air Quality/Volatile organic compounds (VOC), Pesticides/Insecticides/Fungicides, Disinfectants/Cleaning chemicals, Nutrients/Corrosives Flammable/Combustible Liquids, Compressed Gas Note additional information on cultivation facility activities for understanding the broad scope of activities, incorporated above: https://alaskastatecannabis. orq/licensing/cultivation#whatarethedifferenttypesofcultiva tionlicensesinalaska Cultivation licenses 1. Standard Marijuana Cultivation License - This license authorizes its holder to cultivate, harvest, package, store, and label marijuana. At the initial stage of operations, holders of this license can plant any number of immature plants and possess any number of seeds for cultivation. They can also grow 12 or fewer mature, non flowering marijuana plants and use them as mother plants. A standard marijuana cultivation license permits a business to sell marijuana to licensed marijuana product manufacturers, licensed retail cannabis stores, or other licensed cultivators. It also allows them to transport marijuana in compliance with laid down rules. They can conduct in-house testing for their facility's use and also provide samples to licensed marijuana testing facilities for testing 2. Limited Marijuana Cultivation License: This license is issued to a business to perform the same activities as a licensed standard marijuana cultivation facility. However, license holders are limited to no more than 500 square feet of cultivation area Source: 3 https://casetext. com/regulation/alaska-administrative-code/title-3-commerce- community-and-economic-development/part-19-alcoholic-beverage-control- board/chapter-306-marijuana-control/article-4-marijuana-cultivation- facilities/section-3-aac-306400-marijuana-cultivation-facility-license-required B. 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. 3. Add and renumber: B. 57. Marijuana, personal use means adults age 21 and over can legally possess, grow, process, and transport up to six plants in their home with up to three being mature, flowering plants, except that not more than twelve marijuana plants, with six or fewer being mature flowering plants may be present in a single dwelling regardless of the number of adults 21 or older residing in the dwelling as per AS §17.38.020. Source: https://casetext. com/statute/alaska-statutes/title-17-food-and-drugs/chapter- 1738-the-requlation-of marijuana/section-1738020-personal-use-of marijuana#: text=(1)%20possessinq%2C%20usinq%2C,produced%20by%20the% 20plants%20on https://www. adn. com/alaska-news/2016/07/29/heres-how-many-cannabis- plants-alaskans-can-now-legally-possess-at-home/ Clarifies that up to 12 plants are allowed if there are two adults over 21 in household. 4. Add SCC for clarity and correct Table number. Add additional restricted locations. 15.10.226 Land Uses Allowed H. Marijuana establishments as defined in SCC §15.10.140 B55 are allowed in accordance with tablc 15.10.225 SCC Land Uses Allowed Table 15.10.226 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, park, playground, athletic field, childcare facility, housing facility owned by a public housing authority, homeless and transient shelter, habilitative care facility, residential districts RM, R1, R2, R3, UR, OR, or within 1000' of any school. The distance specified in this subsection must be measured by the shortest 4 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.A11 marijuana establishments shall meet all other criteria in this Code and in Alaska Statutes and Administrative Codes. 5. 15.10.226 Land Uses Allowed Table: separate entries for standard and limited cultivation facilities. Suggest leaving zones blank for discussion. Zoning Districts Uses Marijuana establishment, limited cultivation facility Marijuana establishment, standard cultivation facility Marijuana establishment product manufacturing facility, hazardous materials Marijuana establishment, product manufacturing facility, non -hazardous materials Marijuana personal use Marijuana establishment, retail store Marijuana establishment, retail store with on -site consumption endorsement, indoor Marijuana establishment, retail store with on -site consumption endorsement, outdoor Marijuana establishment, testing facility B. Discussion topics: 1. A local government may enact ordinances or regulations not in conflict with AS § 17.38.210 or with regulations enacted pursuant to AS § 17.38.210, governing the time, place, manner, and number of marijuana establishment operations. Will Seward require restrictions? 2. 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 by a voter initiative. Will Seward prohibit or allow any of the above? 3. Will Seward prohibit or allow walk-up or drive -through exterior window pick-up for retail marijuana stores? 4. Will Seward prohibit or allow outdoor consumption at a retail marijuana retail? 5. Will Seward prohibit or allow marijuana dispensaries to pass out free samples of products? 6. If allowed, will Seward regulate the size of the samples? https://www. alaskasnewssource. com/2023/10/06/new-regulations-starting-oct-8-would-allow- dispensaries-give-free-samples/ 5 7. Will Seward amend its drug testing policy to allow legal marijuana use for employees who are not under federal or state regulations such as police officers, workers in public transportation, or with commercial driver's licenses who are regulated by the US Department of Transportation? 8. Will drug testing for marijuana be amended to only allow saliva testing? 9. Is being under the influence while at work a terminable offense? https://www. adn. com/alaska-news/anchorage/2023/10/08/anchoraqe-assembly-to-consider- chanqes-to-druq-testinq-policy-allowinq-legal-marijuana-use-for-many-city-workers/ 10. Will Seward amend how the separation distance is measured? https://www. m uni. orq/Departments/OCPD/Marijuana/Documents/AO%202016- 144(S)%20Marijuana%20Separation%20Distances. pdf 11. Should transient merchants on -site of a marijuana establishment be limited to sales of products for adults 21 and older? 12. Anchorage levies a 5% sales tax on the retail sales of marijuana and marijuana products. Should Seward? C. Notes on local restriction and prohibition: https://law. justia. com/codes/alaska/title-17/chapter-38/section-17-38-210/ AS § 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... (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 6 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. Page 42 of June 18, 2024 P&Z work session packet: 3 ACC 306.370 Onsite consumption endorsement for retail marijuana stores (a) Unless prohibited by local or state law... Page 44 (4) if outdoors... Page 45 (4) for an outdoor marijuana consumption area... Page 46 3 AAC 306. Walk-up or drive -through exterior window pick-up for retail marijuana stores (a) Unless prohibited by local law... D. Other City Codes to consider 1. Palmer, AK code Chapter 5.32 Marijuana Businesses 5.32.010 Definitions 5.32.030. Standards for marijuana businesses 5.32.040 Marijuana license application review process https://palmer.municipal.codes/PMC/5.32.030 Chapter 8.11 Marijuana use and prohibitions Chapter 17.08 Definitions 17.08.291 Marijuana cultivation facility 17.08.292 Marijuana manufacturing facility 17.08.294 Marijuana retail store 17.08.294 Marijuana testing facility 2. Mat -Su Borough 17.60.150 General standards for marijuana related facilities https://codes.findlaw.com/ak/title-17-food-and-drugs/ak-st-sect-17-38- 200/#:^':text=(e) %201f%20a %20loca I%20govern ment,preference%20or%20preferences%20for% 20registration. AS 17.38.200 Marijuana establishment registrations 7 (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. 8 Revised October 23, 2024 P&Z Work Session re: Marijuana Establishments Possible code amendments submitted by Carol Griswold Comments in italics Existing code in black, amendments in blue, green additions from work session packet. Note that Seward MuniCode Title 15 is not yet updated for Marijuana Establishments. SCC Title 8, Business Regulations and Licensing duplicates Title 15 re Marijuana Establishments 8.25.010 Definitions, and 8.25.015 Compliance with state laws and regulation. Any changes in Title 15 should be mirrored in Title 8, and cross-referenced. • Soldotna Code (page 27) uses "business" instead of "establishment" which makes more sense to me. "Marijuana business" means any and all business, acts, or commerce subject to registration or licensure pursuant to Alaska Statute Chapter 17.38. • Suggest creation of separate section (Chapter, Article, Section) for all marijuana -related items in Title 15 instead of buried in Land Uses Allowed definitions. Homer has an extensive Chapter including Scope and Intent (page 34-35) A. Code amendments 1. Expand definition of marijuana rather than state "Alaska Statute 17.38.900" for clarity. Change format of definition to delete repetition of word being defined. SCC 15.10.140 Definitions 54. M 'Juana. Marijuana m ans "marijuana" as that tcrm is defined in Alaska Statute 17.38.900 and any amendments thereto. B. 54. Marijuana. Marijuana as defined by Alaska Statute 17.38.900 and any amendments thereto, 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, 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; 2. Revise definition to include both standard and limited cultivation facilities, expand definitions to detail activities, and correct 3 AAC 305.405 typo as there is no 305.405: (verify with attorney) B. 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. No outdoor storage of marijuana or hazardous substances shall be allowed for any marijuana establishments. (Soldotna Code page 23) 1 a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to cultivate, prepare, aild package, store, and label marijuana and to sell marijuana to license,. retail marijuana stores, to licensed marijuana product manufacturing facilities, and to other licensee. marijuana cultivation facilities, but not to consumers. At the initial stage of operations, holders of this license can plant any number of immature plants and possess any number of seeds for cultivation. They can also grow 12 or fewer mature, non -flowering marijuana plants and use them as mother plants. Marijuana consumption is prohibited. (Anchorage Code page 17) Marijuana cultivation is prohibited in all zoning districts. (Soldotna Code page 24). 1. Limited marijuana cultivation facility. A limited marijuana cultivation facility AAC 306.405(c), except that it must have fewer than 500 square feet under cultivation. 1. Limited marijuana facility. A licensed limited marijuana facility has the same privileges and prohibitions set forth in 3 AAC 306.405 (a) (b) (c) and can perform the same activities as a licensed standard marijuana cultivation facility except it must have fewer than 500 square feet under cultivation. 2. Standard marijuana cultivation facility. A licensed standard marijuana cultivation facility has the privileges and prohibitions set forth in 3 AAC 306.405 (a) (b) (c). The facility is allowed to transport marijuana in compliance with laid -down rules. The facility can conduct in-house testing for their facility's use and also provide samples to licensed marijuana testing facilities for testing. b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means an entity registered to purchase harveste, marijuana from a cultivation facility; extract, process, manufacture, prepare, and package marijuana products; and transfer or sell marijuana and marijuana products to other marijuana product manufacturing facilities, a marijuana testing facility, orate retail marijuana stores, but not to consumers. Marijuana consumption is prohibited. (Anchorage Code page 17) c. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana with all the privileges and prohibitions described in 3 AAC 306.600- 3 ACC 603.675. Direct retail sales to consumers is prohibited. Marijuana consumption is prohibited. (Anchorage Code page 17) d. Marijuana retail sales establishment 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. Add whether accessory drive-throughs are permitted or prohibited, outdoor storage or display of products prohibited, and any other use -specific standards. (Anchorage Code page 18) Add definitions here and delete from 15.10.226 H5; these are listed in Land Uses Allowed Table. Consider using less circular definitions. 2 e. Marijuana product manufacturing, hazardous materials means a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the marijuana manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes. f. Marijuana product manufacturing, light use means a marijuana facility not using hazardous materials in the manufacturing process. ...a use engaged in the manufacture of marijuana products, predominantly from previously prepared material, of finished products or parts that, because of the nature of its equipment, operations, processes, materials, and products, has little or no potential of creating noise, vibration, dust, smoke, fumes, odor, glare, or other environmental impacts on surrounding properties or uses. (Modified from SCC 15.10.140 Definitions B. 53) B. 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. 3. Add and renumber: B. 57. Marijuana, personal use means adults age 21 and over can legally possess, grow, process, and transport up to six plants in their home with up to three being mature, flowering plants, except that not more than twelve marijuana plants, with six or fewer being mature flowering plants may be present in a single dwelling regardless of the number of adults 21 or older residing in the dwelling as per AS §17.38.020. A local government may not prohibit the personal use and possession of marijuana and marijuana products as authorized under AS 17.38.020. 58. Marijuana establishment, retail store with accessory walk-up/drive-through means an exterior window for pick-up as regulated by 3 Alaska Administrative Code §306.380. (https://casetext.com/regulation/alaska-administrative-code/title-3-commerce-community-and- economic-development/part-19-alcoholic-beverage-control-board/chapter-306-marijuana- control/article-3-retail-marijuana-stores/section-3-aac-306380-walk-up-or-drive-through exterior -window -pick -up -for -retail -marijuana -stores) 59. Marijuana: Conditional Use Permit (see Anchorage Code page 19) (This CUP is more detailed and specific than the usual CUPs). 60. Marijuana Establishments: Variances (See Anchorage Code page 22) 61. Marijuana use in public prohibited. Use or consumption of marijuana in public is prohibited. This section is not intended to restrict the owner of any property from further restricting use of marijuana. (Soldotna Code page 28) "In public" means in or upon any city -owned property, as well as any place that members of the public are able to congregate regardless of whether the property is privately or 3 publicly owned. Examples include, but are not limited to, restaurants, bars, clubs, hallways, lobbies and common areas of hotels and multi -unit buildings, shorelines, waterways and tidelands, and specifically includes the premises of any marijuana business. (Soldotna Code page 27) (This definition would seem to prohibit marijuana use in Institutional zoning district (SCC page 7 "public and quasi -public uses") "Public place" means any area to which the public is invited or into which the public is permitted, including, but not limited to, educational facilities, entertainment, food and beverage services, offices, retail stores, common areas in multi -unit buildings such as lobbies, stairwells and hallways, transportation facilities and vehicles accessible to the general public, parks, public rights -of -way, shorelines, waterways, tidelands, as well as all city -owned property. (Valdez page 39) 4. Add "SCC Land Uses Allowed Table" for clarity. Add additional restricted locations. 15.10.226 Land Uses Allowed H. Marijuana establishments as defined in SCC §15.10.140 B55 are allowed in accordance with tablc 15.10.225 SCC Land Uses Allowed Table 15.10.226 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, park, playground, athletic field, community center, childcare facility, housing facility owned by a public housing authority, homeless and transient shelter, habilitative care facility, residential districts RM, R1, R2, R3, UR, OR, or within 1000' 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. Anchorage code page 17: This is a mix of regulations and land uses allowed. 3. Prohibited with alcohol license. A marijuana establishment shall not be allowed in the same establishment as a use that holds a state alcohol license. 4. Prohibited with residential. A marijuana establishment shall not be allowed on a lot that contains a residential use other than a caretaker's residence. The caretaker's residence shall be inhabited by a person or persons associated with the marijuana establishment: a licensee, an affiliate, or an employee of the establishment. 5. Inspection of premises. All premises of all marijuana establishments shall be open at all times during business hours for the inspection and examination by the municipality. 6. Ventilation. The premises shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at any lot line of the subject property. 4 7. Public display of land use approval conditions. Each establishment shall display in a location near the main entrance, and visible to the public in those establishments where the public are permitted. 8. Permanent structure. A marijuana establishment shall be in a permanent structure with a valid certificate of zoning compliance. No marijuana establishment shall be authorized in a vehicle or trailer, a mobile food unit, a standalone intermodal shipping container (connex unit), or a temporary structure. 9. Signs. Signs shall comply with state regulations and Chapter XXXX. No temporary signs are permitted. 3.A11 marijuana establishments shall meet all other criteria in this Code and in Alaska Statutes and Administrative Codes. 5. 15.10.226 Land Uses Allowed Table: separate entries for standard and limited cultivation facilities. Suggest leaving zones blank for discussion. Zoning Districts Uses Marijuana establishment, limited cultivation facility Marijuana establishment, standard cultivation facility Marijuana establishment product manufacturing facility, hazardous materials Marijuana establishment, product manufacturing facility, non -hazardous materials Marijuana personal use Marijuana establishment, retail store Marijuana establishment, retail store with on -site consumption endorsement, indoor Marijuana establishment, retail store with on -site consumption endorsement, outdoor Marijuana establishment, retail store with accessory walk-up/drive-through Marijuana establishment, testing facility B. Discussion topics: 1. Will Seward prohibit or allow walk-up or drive -through exterior window pick-up as an accessory use for retail marijuana stores? 2. Will Seward prohibit or allow outdoor consumption at a retail marijuana retail? 3. A local government may, through the enactment of an ordinance by city council or by an election vote prohibit the sale or importation of marijuana and any marijuana product, the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores, on -site consumption endorsement for a marijuana retail store license, consumption by smoking or vaping, or outdoor consumption. Will Seward prohibit or allow any of the above? 3 AAC 306.200 Local Option (page 31 of 5 4. Will Seward amend how the separation distance is measured? Door to door, or lot line to lot line? https://www. muni. orq/Departments/OCPD/Marijuana/Documents/AO%202016- 144(S)%20Marijuana%20Separation%20Distances. pdf 5. Should transient merchants on -site of a marijuana establishment be limited to sales of products for adults 21 and older? Should transient merchants be allowed/prohibited on -site of a marijuana establishment? 6. Parking: determine adequate parking for each type of marijuana business 7. Public Notice Should public notice be expanded to include flyers to grocery stores, Resurrect Art, Seward Announcements, Chamber Events, Free TV, Seward Public Radio KIBH-FM 91.7 FM, KBBI 88.1 FM. Regulations: 1. A local government may enact ordinances or regulations not in conflict with AS § 17.38.210 or with regulations enacted pursuant to AS § 17.38.210, governing the time, place, manner, and number of marijuana establishment operations. Will Seward require restrictions? Page 10: SCC § 8.25.030 Marijuana Establishments Hours of operation: closed 2 am to 10 pm. Other towns closed midnight to 8 am. This is a Title 8 regulation. Page 14: Fairbanks limits total number of retail marijuana stores that can operate. This is a Title 8 regulation. 2. Will Seward prohibit or allow marijuana dispensaries to pass out free samples of products? This is a Title 8 regulation. 3. If allowed, will Seward regulate the size of the samples? This is a Title 8 regulation. https://www. alaskasnewssource. com/2023/10/06/new-regulations-starting-oct-8-would-allo w- dispensaries-give-free-samples/ 4. Will Seward amend its drug testing policy to allow legal marijuana use for employees who are not under federal or state regulations such as police officers, workers in public transportation, or with commercial driver's licenses who are regulated by the US Department of Transportation? This is a Title 8 regulation. 5. Will drug testing for marijuana be amended to only allow saliva testing? This is a Title 8 regulation. 6. Is being under the influence while at work a terminable offense? This is a Title 8 regulation. 6 hitps://www. adn. com/alaska-news/anchorage/2023/10/08/anchorage-assembly-to-consider- changes-to-drug-testing-policy-allowing-legal-marijuana-use for -many -city -workers/ 7. Anchorage levies a 5% sales tax on the retail sales of marijuana and marijuana products. Should Seward? This is not Title 15 regulation. 7