Marijuana Control Board

Marijuana Regulations Public Commentary

Questions and Answers on Draft Set #1, Round #2

The following questions were received between the posting of Set 1 for the second round of public comment and July 28, 2015. Answers to relevant questions 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. Did the law as passed provide for local option?

A: Yes. AS 17.38.110(a) provides local governments the right to “opt out” of allowing marijuana establishments to operate in their jurisdiction. The pertinent portion of the statute reads as follows:

Sec. 17.38.110. 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.

2. The issue with the definition of "possess" is that it is worded in such a way that it would effectively prevent each adult over the age of 21 from exercising the right to grow 6 plants for personal use in their private residence. By having dominion or control of any plants on premises, it would NOT allow reach adult over 21 from growing their 6 plants if another adult is growing in the home. Did measure 2 state anywhere that our right to do so was contingent upon our marital status, financial status, or housing accommodations?

A: Ballot Measure 2, which is AS 17.38, provides in Sec. 17.38.020 the following:

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 shall not be a criminal or civil 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: (b) Possessing, growing, processing, or transporting no 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;

AS 17.38 does not provide a definition of the term “possess”, but Alaska law defines the term “possess” in AS 11.81.900(49). This definition is the proposed definition for the term “possess” in AS 17.38.

"possess" means having physical possession or the exercise of dominion or control over property;

Defining the term “possess” in AS 17.38 will help the board determine whether a personal grow in AS 17.38.020 is functioning as an unlicensed commercial growing operation due to its size and scope. Keeping a bright line between personal grows and small licensed commercial grows will help achieve the stated goals outlined in the statute in AS 17.38.010(b) as follows:

(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.

If many adults in a single place combine their six plants and cultivate marijuana beyond what can be personally used by those adults, the grow will be unregulated, untaxed, unlabeled, and the goals of the voter’s initiative as stated above will not be met.

QUESTIONS SUBMITTED FOR SET #1 BUT NOT RELEVANT TO SET #1 (not answered)

1. How would I go about applying for a license to sell marijuana?