Alaska Marijuana Rules & Frequently Asked Questions

Marijuana Initiative FAQs

Many Alaskans have questions regarding AS 17.38, the act to tax and regulate the production, sale, and use of marijuana (often referred to as “proposition 2″ or ballot measure 2”). The Department of Commerce, Community and Economic Development created this page to provide answers to frequently asked questions.Register to receive notification when new FAQs are added.

What is AS 17.38?

AS 17.38 was passed by citizen’s initiative on the November 4, 2014 ballot. The initiative directs the Alcoholic Beverage Control Board (or a new entity if theImage result for alaska state Legislature chooses to create one) to adopt regulations governing marijuana-related entities and then regulate the newly formed industry. The ABC Board has nine months from the effective date, which is 90 days after certification of the act by the elections division, to develop the regulations. The ABC Board will follow the intent of the initiative and state requirements for the development of new regulations.

PERSONAL USE QUESTIONS:

Can I sell or buy marijuana legally starting today?

No. Per AS 15.45.220, the act becomes effective 90 days after certification. Until that date, all current statutes and regulations relating to marijuana are in full force and effect.

Will it continue to be a criminal offense for persons under 21 years of age to possess any amount of marijuana following the effective date of AS 17.38 on February 24, 2015?

Yes.

How much harvested marijuana does AS 17.38 allow an unlicensed person to possess in his or her home?

Four ounces or less—AS 17.38.020 allows for the in-home production and possession of marijuana for personal use. The Alaska Court of Appeals in Noy v. State, 80 P.3d 255 (Alaska App. 2003) ruled that possession of marijuana in an amount greater than four ounces is not personal use possession. Additionally, AS 17.38.020 specifies it will be lawful to possess marijuana harvested from up to six plants (three or fewer being mature, flowering plants) on the premises where the plants were grown.

How do you measure “once ounce or less” of marijuana (i.e., the amount a person 21 years of age or older will be able to transfer under Alaska law once AS 17.38.020 becomes effective on February 24, 2015)?

AS 17.38 does not change the existing Alaska law regarding weight determinations. AS 11.71.080 provides that the aggregate weight of live marijuana plants is 1/6 of actual plant weight, after roots are removed. When not dealing with live plants, marijuana weight is to be determined by the actual weight of the substance in its commonly used form (i.e., seeds, leaves, bud, and flower) at the time it is possessed. See Noy v. State, 80 P.3d 255 (Alaska App. 2003); Maness v. State, 49 P.3d 1128(Alaska App. 2002);Atkinson v. State, 869 P.2d 486 (Alaska App. 1994); and Gibson v. State, 719 P.2d 687 (Alaska 1986). AS 17.38.900(6) clarifies that the weight of marijuana that is incorporated into food products is the weight of the incorporated marijuana, not the weight of the entire food product.

After the effective date of February 24, 2015, how will AS 17.38 change the legality of operating a motor vehicle while under the influence of marijuana?

Marijuana will continue to be a controlled substance following the effective date of the initiative. Therefore, it will still be a crime under AS 28.35.030 to drive a motor vehicle while under the influence of any controlled substance, inhalant, alcoholic beverage, or any combination of those substances.

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?

No. AS 17.38 does not change Alaska law regarding the definition and application of the legal concept of possession. See AS 11.81.900(49) and Nelson v. State, 628 P.2d 884 (Alaska 1981) for further information.

After the effective date of February 24, 2015, can an unlicensed 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?

No.

After the effective date of February 24, 2015, will persons registered in the Alaska Medical Registry Program as set forth in AS 17.30 receive any benefit or protection beyond that set out in AS 17.38.020?

No.

Can a property owner ban someone from possessing, growing or consuming marijuana on his/her private property?

Yes. AS 17.38.120(d) states that a person, employer, school, hospital, recreation or youth center, correction facility, corporation or any other entity who occupies, owns or controls private property may prohibit or otherwise regulate the possession, consumption, use, display, transfer, distribution, sale, transportation or growing of marijuana on or in that property. Persons who violate the policy are subject to prosecution for the misdemeanor offense of criminal trespass in violation of AS 11.41.46.330.

PRODUCTION & SALE QUESTIONS:

What types of licenses will be available?

The types of licenses and process for acquiring them have yet to be determined. AS 17.38 gives the State of Alaska nine months to develop regulations for licensing.

Is the ABC Board keeping a list of individuals or businesses interested in starting a marijuana business that I can put my name on?

No. AS 17.38 gives the State of Alaska nine months to develop regulations for licensing marijuana growers and sellers. These regulations must be written and codified before individuals or businesses may apply for licenses. The board will start accepting applications by February 24, 2016 and will act on them within 90 days of receipt of application.

As of the effective date of February 24, 2015, will it be legal for people to engage in delivery, manufacture, cultivation, and testing as described in marijuana initiative AS 17.38.020?

No. Persons who are not licensed to engage in delivery, manufacture, and testing will continue to be subject to prosecution for AS 11.71 criminal statue offenses. It is anticipated that licenses will be issued by May 2016 per the timeline described in AS 17.38. As of the effective date, personal use as described in AS 17.38.020 will be legal.

FINANCING QUESTIONS:

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

Seeking investors for your business may involve state and federal securities laws. Before offering securities you should review state and federal securities laws and regulations and consult a professional who is knowledgeable about securities transactions. In almost all cases, prior to meeting certain securities law requirements, you may not advertise to find investors. This prohibition includes print and electronic media including your own website, Facebook, Twitter, and Craigslist.

Offering a security may involve legal and financial consequences that can result in civil liability and money damages to you if you don’t follow the law. Contact the Division of Banking and Securities at (907) 269-8140 or (888) 925-2521 or visit the Division of Banking & Securities for more information.

LOCAL OPTION QUESTIONS:

Will individual communities be able to opt out of marijuana manufacture and sales?

Yes. AS 17.38 provides for local option elections that permit a community in Alaska to opt out of manufacture and sales of marijuana. Communities will continue to be bound by authority regarding individual constitutional privacy rights as set forth by the Supreme Court in Ravin v. Alaska.

REGULATORY QUESTIONS:

Who is writing the regulations for marijuana manufacture and sales?

The Alcoholic Beverage Control Board has been tasked with drafting the regulations relating to the manufacture and sale of marijuana products. Alternatively, AS 17.38.080 authorizes the legislature to create a separate Marijuana Control Board to assume the power, duties and responsibility.

Who will administer the licenses and enforce regulatory restrictions on the licenses?

AS 17.38.900 defines the ABC Board as responsible for adopting regulations as outlined in AS 17.38.090 unless the legislature creates a separate Marijuana Control Board as authorized in AS 17.38.080.

What is the timeline for implementation of the proposition?

November 4, 2014 – Statewide election held. Ballot Measure 2 passes 53% to 47%.
November 24, 2014 – Vote certified by Division of Elections. Statues will be enacted by operation of law 90 days later.
January 20, 2015 – Legislature gavels in. Multiple bills related to the marijuana industry are anticipated.
February 24, 2015 – Statutes are enacted. The nine month deadline for developing regulations begins.
April 19, 2015 – Legislature scheduled to adjourn.
November 24, 2015 – Deadline for the board to adopt regulations; if not adopted by this date, local governments have the option of establishing their own regulations. Final regulations package submitted to the Governor’s Office and Department of Law for review and approval.
February 24, 2016 – Board must start accepting applications and must act on them within 90 days of receipt of application. If the board has not adopted regulations, applications may be submitted directly to local regulatory authorities.
March 26, 2016 – Tentative effective date of regulations; effective date will be 30 days after the Lt. Governor’s Office files the approved regulations.
May 24, 2016 – Initial marijuana industry licenses expected to be awarded.

Alaska Marijuana Rules & Frequently Asked Questions
By | 2017-01-27T14:38:09+00:00 February 24th, 2015|- Alaska|0 Comments

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