“An Act to tax and regulate the production, sale, and use of marijuana.”
Regulate Marijuana Like Alcohol in Alaska
Disclaimer
This hyperlinked version of the Regulate Marijuana Like Alcohol In Alaska is not the official text submitted for the ballot. This version has been modified slightly to accommodate hyperlinking and descriptive text (e.g. references to “AS 17.38.090” will read “Section 17.38.090”). This version is not produced or endorsed by Regulate Marijuana Like Alcohol in Alaska, its campaign staff, or its chief petitioner. Please visit RegulateMarijuanaInAlaska.com or the Alaska Secretary of State’s Office for official text and information.
SECTION 1. AS 17 is amended by adding a new chapter to read: 3
Chapter 38. The regulation of marijuana 3
Section 17.38.010. Purpose and findings. 3
Section 17.38.020. Personal use of marijuana. 4
Section 17.38.030. Restrictions on personal cultivation, penalty. 4
Section 17.38.040. Public consumption banned, penalty. 5
Section 17.38.050. False identification, penalty. 5
Section 17.38.060. Marijuana accessories authorized. 5
Section 17.38.070. Lawful operation of marijuana-related facilities. 5
Section 17.38.080. Marijuana Control Board. 8
Section 17.38.090. Rulemaking. 8
Section 17.38.100. Marijuana establishment registrations. 9
Section 17.38.110. Local control. 10
Section 17.38.120. Employers, driving, minors and control of property. 11
Section 17.38.130. Impact on medical marijuana law. 12
Section 17.38.140. Definitions. 12
SECTION 2. AS 43 is amended by adding a new chapter to read: 14
TITLE 43. [REVENUE AND TAXATION] 14
Chapter 61. Excise tax on marijuana 14
Section 43.61.010. Marijuana tax. 14
Section 43.61.020. Monthly Statement and Payments. 14
Section 43.61.030. Administration and Enforcement of Tax. 14
Boldface indicates new text added to statute, red text represents existing text removed from statute, plain text indicates the current text in statute, [brackets] indicate descriptive text added but not included in the law.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA:
(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.
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:
(g)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;
(i)Assisting another person who is 21 years of age or older in any of the acts described in paragraphs (a) through (d) of this section.
(j)The personal cultivation of marijuana described in Section 17.38.020(b) is subject to the following terms:
(4)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.
(5)A person who cultivates marijuana must take reasonable precautions to ensure the plants are secure from unauthorized access.
(6)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.
(k)A person who violates this section while otherwise acting in compliance with Section 17.38.020(b) is guilty of a violation punishable by a fine of up to $750.
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.
(l)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:
(7)Purchasing, attempting to purchase or otherwise procuring or attempting to procure marijuana or marijuana products; or
(8)Gaining access to a marijuana establishment.
(m)A person who violates this section is guilty of a violation punishable by a fine of up to $400.
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.
(n)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 his or her 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:
(9)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;
(10)Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(11)Receiving marijuana or marijuana products from a marijuana testing facility;
(12)Purchasing marijuana from a marijuana cultivation facility;
(13)Purchasing marijuana or marijuana products from a marijuana product manufacturing facility; and
(14)Delivering, distributing, or selling marijuana or marijuana products to consumers.
(o)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 his or her 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:
(15)Cultivating, manufacturing, harvesting, processing, packaging, transporting, displaying, storing, or possessing marijuana;
(16)Delivering or transferring marijuana to a marijuana testing facility;
(17)Receiving marijuana from a marijuana testing facility;
(18)Delivering, distributing, or selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store;
(19)Receiving or purchasing marijuana from a marijuana cultivation facility; and
(20)Receiving marijuana seeds or immature marijuana plants from a person 21 years of age or older.
(p)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 his or her 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:
(21)Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products;
(22)Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(23)Receiving marijuana or marijuana products from a marijuana testing facility;
(24)Delivering or selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility;
(25)Purchasing marijuana from a marijuana cultivation facility; and
(26)Purchasing of marijuana or marijuana products from a marijuana product manufacturing facility.
(q)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 his or her 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:
(27)Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana;
(28)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
(29)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.
(r)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 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 paragraphs (a) through (d) of this section.
(s)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.
(t)The provisions of Section 17.38.020 do not apply to marijuana establishments.
At any time, the legislature may create a Marijuana Control Board in the Department of Commerce, Community, and Economic Development or its successor agency to assume the power, duties, and responsibilities delegated to the Alcoholic Beverage Control Board under this chapter.
(u)Not later than nine months after the effective date of this act, 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:
(30)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, the Administrative Procedure Act;
(31)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;
(32)Qualifications for registration that are directly and demonstrably related to the operation of a marijuana establishment;
(33)Security requirements for marijuana establishments, including for the transportation of marijuana by marijuana establishments;
(34)Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of 21;
(35)Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;
(36)Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;
(37)Reasonable restrictions on the advertising and display of marijuana and marijuana products; and
(38)Civil penalties for the failure to comply with regulations made pursuant to this chapter.
(v)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.
(w)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 prior to the expiration of the marijuana establishment’s registration.
(x)The board shall begin accepting and processing applications to operate marijuana establishments one year after the effective date of this act.
(y)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 Section 17.38.110(c).
(z)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 Section 17.38.090 or the board is notified by the relevant local government that the applicant is not in compliance with ordinances and regulations made pursuant to Section 17.38.110 and in effect at the time of application.
(a)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.
(b)Upon denial of an application, the board shall notify the applicant in writing of the specific reason for its denial.
(c)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.
(d)Marijuana establishments and the books and records maintained and created by marijuana establishments are subject to inspection by the board.
(e)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.
(f)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.
(g)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 Section 17.38.090 or to accept or process applications in accordance with Section 17.38.100.
(h)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, the Administrative Procedure Act.
(i)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.
(j)If the board does not issue a registration to an applicant within 90 days of receipt of the application filed in accordance with Section 17.38.100 and does not notify the applicant of the specific, permissible reason for its denial, in writing and within such time period, or if the board has adopted regulations pursuant to Section 17.38.090 and has accepted applications pursuant to Section 17.38.100 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 paragraph, 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.
(l)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.
(m)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 Section 17.38.100. The holder of such registration shall not be subject to regulation or enforcement by the board during the term of that registration.
(n)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 Section 17.38.100.
(o)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 Section 17.38.090 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 Section 17.38.090 but has not, at least 90 days after the adoption of such regulations, issued registrations pursuant to Section 17.38.100.
(p)Nothing in this section shall limit such relief as may be available to an aggrieved party under AS 44.62, the Administrative Procedure Act.
(q)Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, 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.
(r)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.
(s)Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of 21.
(t)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.
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.
(u)As used in this chapter unless the context otherwise requires:
(39) “Board” means the Alcoholic Beverage Control Board established by AS 04.06.
(40)“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.
(41)“Consumption” means the act of ingesting, inhaling, or otherwise introducing marijuana into the human body.
(42)“Local government” means both home rule and general law municipalities, including boroughs and cities of all classes and unified municipalities.
(43)“Local regulatory authority” means the office or entity designated to process marijuana establishment applications by a local government.
(44)“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 which 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.
(45)“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.
(46)“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.
(47)“Marijuana establishment” means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
(48)“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.
(49)“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.
(50)“Marijuana testing facility” means an entity registered to analyze and certify the safety and potency of marijuana.
(51)“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.
(52)“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.
(v)An excise tax is imposed on the sale or transfer of marijuana from a marijuana cultivation facility to a retail marijuana store or marijuana product manufacturing facility. Every marijuana cultivation facility shall pay an excise tax at the rate of $50 per ounce, or proportionate part thereof, on marijuana that is sold or transferred from a marijuana cultivation facility to a retail marijuana store or marijuana product manufacturing facility.
(w)The department may exempt certain parts of the marijuana plant from the excise tax described in (a) of this section or may establish a rate lower than $50 per ounce for certain parts of the marijuana plant.
(x)Each marijuana cultivation facility shall send a statement by mail or electronically to the department on or before the last day of each calendar month. The statement must contain an account of the amount of marijuana sold or transferred to retail marijuana stores and marijuana product manufacturing facilities in the state during the preceding month, setting out
(53)the total number of ounces, including fractional ounces sold or transferred;
(54)the names and Alaska address of each buyer and transferee; and
(55)the weight of marijuana sold or transferred to the respective buyers or transferees.
(y)The marijuana cultivation facility shall pay monthly to the department, all taxes, computed at the rates prescribed in this chapter, on the respective total quantities of the marijuana sold or transferred during the preceding month. The monthly return shall be filed and the tax paid on or before the last day of each month to cover the preceding month.
(z)Delinquent payments under this chapter shall subject the marijuana cultivation facility to civil penalties under AS 43.05.220.
(a)If a marijuana cultivation facility fails to pay the tax to the state the marijuana cultivation facility’s registration may be revoked in accordance with procedures established under SECTION 1.Section 17.38.090(a)(1).
The provisions of this Act are independent and severable, and, except where otherwise indicated in the text, shall supersede conflicting statutes, local charter, ordinance, or resolution, and other state and local provisions. If any provision of this Act, or the application thereof to any person or circumstance, is found to be invalid or unconstitutional, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible.
