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Notice of Office Closure

The Alaska Department of Commerce, Community and Economic Development offices will be closed to the public on November 23rd and 24th. We will be closed November 23rd in observance of the Thanksgiving holiday and November 24th is an unpaid furlough day for employees to reduce state expenses.

Alcohol & Marijuana Control Office

Marijuana FAQs

What is AS 17.38?

AS 17.38 was passed by citizen's initiative on the November 4, 2014 ballot. The initiative directed the Marijuana Control Board (created by the Alaska Legislature by a bill signed in May, 2015) to adopt regulations governing commercial marijuana establishments and then regulate the newly formed industry. The Marijuana Control Board adopted regulations in 3 AAC 306 at the end of 2015, and those regulations became effective February 21, 2016. The Marijuana Control Board will continue to follow the intent of the voter's initiative and more recently adopted statutes for the development of Alaska's new commercial marijuana industry.


AMCO does not provide legal advice. The information contained within these webpages is provided for your convenience and is not to be interpreted as legal advice. It is your responsibility to know what your licensing, reporting and filing requirements are based on your specific business activities. You must meet legal obligations to conform and comply with all requirements, and claiming not to know them is not a defense. You are encouraged to seek the advice of a professional, such as a an Attorney if you need additional assistance.


PUBLIC INPUT QUESTIONS:

How can I locate all marijuana applications in my neighborhood? I saw an advertisement for a marijuana license application. How do I give my input? Is it illegal to transport marijuana in a plane? How do I lodge my objection to a specific application? Do I really have to notify the applicant that I am objecting to their application? I don't know the license number. Where do I find it? Will the board deny the license based on my objection? What if I just want to lodge a general objection to all marijuana applications in my city?

MARIJUANA LICENSE APPLICATION QUESTIONS:

How do I apply for a marijuana license? How and when do I pay for my application fees and marijuana license fees? Do you accept cash? Who has to be listed on my license application? What is a direct or indirect financial interest? How will AMCO be sure that I have listed all affiliates and persons with a financial interest in my license? What if my license will be owned by an entity, like a corporation or LLC? What will AMCO do to check ownership of the entity? Who has to be an Alaska resident in relation to my application? How will AMCO know that all affiliates and persons listed on my application meet the residency requirement? What if I live in Alaska but have not applied for the PFD, or I do not qualify for the PFD for a reason other than not meeting the residency requirement? I am not going to file for a PFD. How do I prove my residency? What resources are available to help me with my application? What happens after I initiate my application online? Where do I find the supplemental forms? Where do I get the publisher’s affidavit? Do I need to have a right to possession of the proposed premises when I apply? Since I do not have a location nailed down for my marijuana establishment, can I publish my ad using my home address for the premises address? How do I submit my Operating Plan? Can I just attach a separately formatted operating plan to my application? When I try to get my business license with CBPL I need to enter a NACS code but there isn’t a specific code for Marijuana businesses. Which one should I use? Where can I get my fingerprints taken? If I am applying for more than one license, do I have to submit multiple fingerprint cards? What happens when I believe my application is complete and I'm ready to pay my application and licensing fees? How long will it take for the AMCO director to deem my application complete? Does the Marijuana Handler Permit application have to be submitted at the time I submit my license application?

MARIJUANA HANDLER PERMIT QUESTIONS:

Where can I get a Marijuana Handler Permit? How do I apply to teach the Marijuana Handler Permit course?

MARIJUANA INVENTORY TRACKING SYSTEM QUESTIONS

What company did the Alcohol & Marijuana Control Office (AMCO) contract with for its marijuana inventory tracking system? Does Franwell have any experience in this industry? Why did the State of Alaska contract with Franwell to provide this service? Where can I find a copy of the Request for Proposal (RFP)? What is the name of the system used by Franwell? How does the system work? Is there a cost to licensees to use METRC? If so what are they? Do I have to use METRC? What if I want to use my own inventory control system? Will other licensees be able to see my inventory information? When will the marijuana inventory tracking system be implemented? How will we learn to use the system? What if I have technical issues after the system has deployed?

MARIJUANA ESTABLISHMENT LICENSE GENERAL QUESTIONS:

Is the list of marijuana applicants public record and if so where can it be found? I want to apply for a license. What is the first thing I must do? How can I find out if the premises where I want to have my business is a place where a marijuana establishment will be permitted? What types of licenses will be available and when will they be issued? Can I own more than one license? Can I get a delivery license? Can I get a dispensary license? How many licenses will the MCB issue? What is the deadline to apply for a license? I don't have internet access. How do I apply on a paper form? Why do I have to initiate my application online? What if I need help with the application? I just need the short version, can you please just tell me what to do to get a license? What should I do before applying for a license? Are cultivation and testing facilities expected to be 100% ready when we apply for license, or will we have time to finish construction before June 9, when cultivation facility and testing licenses are expected to be issued? Can I take cuttings or clones from my personal use grow for commerical use when my cultivation facility license is issued? I would like to run my business idea by you and see if you think it will be good enough. How do I do that?

PERSONAL USE QUESTIONS:

Will it continue to be a criminal offense for persons under 21 years of age to possess any amount of marijuana? AS 17.38.040 bans public consumption. How is "public" defined? How much harvested marijuana does AS 17.38 allow an unlicensed person to possess in his or her home? If multiple people live in a single residence, can they combine personal-use plant and/or harvested-marijuana limits set forth in AS 17.38.020 to increase the legal limit for the residence? Can a person legally possess more than four ounces of harvested marijuana by establishing an unlicensed cooperative or communal organization or by acting as a proxy for another person? How does AS 17.38 change the legality of operating a motor vehicle while under the influence of marijuana? Do persons registered in the Alaska Medical Registry Program as set forth in AS 17.37 receive any benefit or protection beyond that set out in AS 17.38.020? Can a property owner ban someone from possessing, growing or consuming marijuana on his/her private property? Can I lease some warehouse space and tend to my friend's personal use grows?

FINANCING QUESTIONS:

I am hoping to start a marijuana business. What do I need to know about raising capital for my business?

LOCAL OPTION QUESTIONS:

Will individual communities be able to opt out of allowing commercial marijuana establishments? Where can I find a list of communities that have already opted out? Do you maintain a list of municipal zoning ordinances or other local government ordinances related to marijuana? I want to open a marijuana business at 123 Sally Street in Medium City, Alaska. Can you tell me if this location will work for me? The 500 foot buffer zone blocks off the location I want to use for a marijuana licensed premises. Can my local government seek a variance from the Marijuana Control Board to allow it?

REGULATORY QUESTIONS:

Who wrote the regulations in 3 AAC 306? Where can I get a copy of the marijuana regulations?

You may download and save the final regulations as amended and adopted by the Marijuana Control Board. Because of the length of the packet, if you choose to print the regulations you may want to consider printing two pages on one sheet of paper, i.e., the booklet option on your print properties screen.

The location of the premises I am considering is near a park. Is that allowed? Do the existing regulations allow a home-rule municipality to protest the issuance of a marijuana license? Also, do they preclude home-rule municipalities from charging a permit fee to operate marijuana facilities in city limits?

TRANSPORTATION OF MARIJUANA:

How much is allowed to be carried for personal possession? Is there a 5 pound or other limit for transporting commercially? Does it have to be carried on or can it be checked, or shipped without a person accompanying it (like goldstreak)? How does it have to be packaged? What do the permits and manifests look like? Who do they contact if they have questions? Enforcement email
Department/Division Contact Person Title Email Phone
Banking & Securities George Humm Securities Examiner george.humm@alaska.gov (907)269-8141
Revenue Emily Walker Tax Auditor IV emily.walker@alaska.gov (907)269-3979