Alcohol & Marijuana Control Office

Marijuana Regulations Public Comments Questions and Answers

Questions and Answers on Draft Set #1 received through June 10th, 2015

The following questions were received during the public comment process. Answers to relevant questions recieved at least 10 days prior to the end of the comment period have been provided. Questions concerning matters not contained in the regulations in Set #1 submitted for public comment are listed without answers.

QUESTIONS RELEVANT TO SET#1 WITH ANSWERS

1. I spoke to Cynthia Franklin about two weeks ago on the regulations under development at that time and she told me that the local option for municipal ordinance would have to be done by each municipality within a Borough, and not by the Borough for the entire area. The proposed regulations do not clearly point this out or at least it is unclear to me. Is that the intent of these regulations?

A: If a municipality within a borough opts out, the opt-out applies to the municipality. If a Borough opts out, the local option only applies to the areas within the Borough but outside of city limits. The intent of the regulations is for marijuana local option to operate in a similar manner to alcohol local option. This is how borough and municipality interaction in local option is applied in Title 4.

2. How does the section in the proposed regulations on procedure for local option election (AAC 306.230) relate to an application for a petition under AS 29.26.110 for example, if a petition requests that the Borough for example, enact an ordinance to ban marijuana businesses.

A: The procedure in AS 29.26.110 is a general procedure. Once specific regulations are passed relating to marijuana local option elections, the more specific procedures must be used for that type of election.

3. A second question relates to zoning powers and impact on Marijuana businesses, would the Borough be able to ban businesses simply through the passage of a zoning ordinance that prohibits the uses in most, if not all zoning classifications.

A: AS 17. 38.110 grants local governments local control over marijuana establishments. This certainly could include zoning restrictions.

4. Under 3 AAC 306. Prohibition of importation or purchase after election may not knowingly send, transport, or bring marijuana or marijuana products into the municipality or established village. How far does this reach? Would it halt someone from transporting marijuana or marijuana products to be sold or tested from Anchorage through Kenai to Homer, If Kenai or Soldotna decides to place a prohibition on Marijuana?

A: The current language of the proposed regulation does not clearly exempt such transport through a local option area. Your question has formed the basis of a proposed revision to the language.

5. Could I be considered growing your plants for you if you grow them on my land or in my grow box or foil tent?

A: Yes, because they are in your actual control, or possession.

6. Why did you add a persons “person's residence”? To the end of the line growing marijuana plants for another person in a place other than that other person's residence;

A: The definitions concerning personal growing privileges are intended to clarify that an unlicensed marijuana cultivation business created from combining multiple personal grows is not permitted.

7. Voters, or an ordinance passed by a city council or assembly, may “prohibit the importation for sale of marijuana and marijuana products…” Later in the same sentence in 3 AAC 306.240(a) it continues that “…a person…may not knowingly send, transport , or bring marijuana or marijuana products into the municipality or established village.” The words “for sale” have disappeared from that part of the sentence. Does this mean “personal use” is banned also in that municipality or village?

A: The personal possession rights contained in AS 17.38.020 cannot be invalidated by the local option rules according to the language in that section, “Notwithstanding any other provision of law . . .” However, the language of the proposed regulations could be revised to more clearly reflect that the rules are not intended to affect the rights afforded by AS 17.38.020.

8. I have a question related to proposed rule 3 AAC 306.250. It states that for those municipalities that opt out, the area that would be included in the ban extends into the unincorporated area within 10 miles of the boundary of the municipality. I am curious if there is a comparable rule or statutory provisions for alcohol regulations. I do not see a similar provision in the relevant statutes or in the rules. If you happen to know if there is one, I would appreciate your assistance by letting me know.

A: The 10 mile rule is modelled after the amended rule for boundaries in Senate Bill 99, the proposed revisions to Title 4. The amendments propose to expand the boundary from 5 to 10 miles wherever a 5 mile boundary is present in the local option rules of Title 4.

QUESTIONS NOT RELEVANT TO SET #1 (not answered)

1. Is there a legal limit for THC blood content as there is on blood alcohol content, like above a 0.08 and you get a DUI for alcohol but what will there be for marijuana?

2. Is there a sure way to test for impairment on the spot?

3. What if the person smoked that day and drove later on in the day when they are not high anymore, will the blood THC levels reflect that the person is not under the influence anymore?

4. Will there be a separate ticket for smoking and driving, a DUI and the repercussions of a DUI seem too harsh to apply to a person who has only smoked a little and is okay to drive.

5. As the regulations undergo processing, I understand that people may possess and use the substance in their household. However, does this pertain to apartment complexes as well?

6. If so, since the tenant of one apartment may partake in the recreation use of it, are there regulations for this, as it may negatively affect their other neighbors (i.e. fumes/smell, nausea from the fumes/smell, allergies, under age children in other households, etc.)?

7. Are there any current or up-coming regulations to situations such as these? If so, what are they? If not, what will they be?

8. Will there be any kinds of regulations for any (small or large) apartment complexes as it may affect all neighboring tenants?

9. The term "one ounce" is vague and arbitrary. Does this include stems, seeds and other parts of the plant that are normally not consumed? What about the weight of the container?

10. Is there something in writing making it a crime if someone of legal age distributes to a minor?

11. I had heard earlier that Felons would not be able to get license to sell. I would like that to be changed to only with drug related felonies. Most felons have a hard enough time to get work in this state esp. since juvenal records are kept listed. I think that is appalling and most states do not do this. who do we contact to lobby for this?

12. The Marijuana Control Board, currently being formed, is being set in place to handle these kinds of issues and any others that arise, right?

13. Does the Board feel a licensed marijuana cultivation facility should be allowed to operated in a person's home in a residential zone, or will it be mandatory to operate out of a commercial area?

14. Does the Board feel it will be necessary to not allow a single business, corporation, or person to hold both a marijuana cultivation license and a marijuana retail license, in order to prevent a monopoly on the market?