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HOUSE BILL NO. 117
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE RULES COMMITTEE
Introduced: 3/17/23
Referred: Labor and Commerce, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to cannabis and cannabis seeds; relating to the regulation of cannabis 1
and cannabis facilities; relating to criminal law; relating to controlled substances; 2
relating to misbranded drugs and devices; relating to medical uses of cannabis; relating 3
to cannabis taxes; relating to the duties of the Department of Commerce, Community, 4
and Economic Development and the Department of Environmental Conservation; 5
renaming the Marijuana Control Board the Cannabis Control Board; relating to the 6
Cannabis Control Board; repealing the industrial hemp program; relating to the 7
cannabis use education and treatment program; relating to adulterated foods; and 8
providing for an effective date." 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10
* Section 1. AS 03.20.150 is amended to read: 11
Sec. 03.20.150. Applicability of other laws. Nothing in AS 03.20.110 - 12 33-LS0616\A
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03.20.150 authorizes a person to 1
(1) violate 7 U.S.C. 2321 - 2582 (Plant Variety Protection Act of 2
1970); 3
(2) give, exchange, or receive a seed 4
(A) from a plant that is regulated as 5
(i) a controlled substance under AS 11.71 or a drug 6
under AS 17.20; or 7
(ii) cannabis [MARIJUANA] under AS 17.38; or 8
(B) patented under 35 U.S.C. 161 - 164 (Plant Patent Act of 9
1930); 10
(3) possess, give, or exchange seed that is considered to be noxious, 11
invasive, or toxic under AS 03.05 or AS 44.37 or a regulation adopted under those 12
chapters. 13
* Sec. 2. AS 04.06.070 is amended to read: 14
Sec. 04.06.070. Appointment and removal of director. The governor shall 15
appoint a director to serve as the executive officer of the board and the Cannabis 16
[MARIJUANA] Control Board created under AS 17.38.080. The director may be 17
removed by a majority vote of the full membership of the board and a majority vote of 18
the full membership of the Cannabis [MARIJUANA] Control Board. The governor 19
may remove the director for misconduct, misfeasance, or malfeasance in office. The 20
governor may not remove the director unless the director is given a copy of the 21
charges and afforded an opportunity to be publicly heard, in person or by counsel, in 22
defense against the charges upon at least 10 days' notice. If the director is removed for 23
cause, the governor shall file with the lieutenant governor a complete statement of all 24
charges made against the director and the findings based on the charges, together with 25
a complete record of any hearing. 26
* Sec. 3. AS 11.71.040(a) is amended to read: 27
(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 28
crime of misconduct involving a controlled substance in the fourth degree if the person 29
(1) manufactures or delivers any amount of a schedule IVA or VA 30
controlled substance or possesses any amount of a schedule IVA or VA controlled 31 33-LS0616\A
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substance with intent to manufacture or deliver; 1
(2) manufactures or delivers, or possesses with the intent to 2
manufacture or deliver, one or more preparations, compounds, mixtures, or substances 3
of an aggregate weight of six ounces [ONE OUNCE] or more containing a schedule 4
VIA controlled substance; 5
(3) possesses any amount of a schedule IA controlled substance listed 6
in AS 11.71.140(e); 7
(4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 8
(A) with reckless disregard that the possession occurs 9
(i) on or within 500 feet of school grounds; or 10
(ii) at or within 500 feet of a recreation or youth center; 11
or 12
(B) on a school bus; 13
(5) knowingly keeps or maintains any store, shop, warehouse, 14
dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 15
keeping or distributing controlled substances in violation of a felony offense under this 16
chapter or AS 17.30; 17
(6) makes, delivers, or possesses a punch, die, plate, stone, or other 18
thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 19
mark, imprint, or device of another or any likeness of any of these on a drug, drug 20
container, or labeling so as to render the drug a counterfeit substance; 21
(7) knowingly uses in the course of the manufacture or distribution of a 22
controlled substance a registration number that is fictitious, revoked, suspended, or 23
issued to another person; 24
(8) knowingly furnishes false or fraudulent information in or omits 25
material information from any application, report, record, or other document required 26
to be kept or filed under AS 17.30; 27
(9) obtains possession of a controlled substance by misrepresentation, 28
fraud, forgery, deception, or subterfuge; 29
(10) affixes a false or forged label to a package or other container 30
containing any controlled substance; 31 33-LS0616\A
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(11) [REPEALED] 1
(12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, 2
has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or 3
ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4). 4
* Sec. 4. AS 11.71.050(a) is amended to read: 5
(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 6
crime of misconduct involving a controlled substance in the fifth degree if the person 7
(1) manufactures or delivers, or possesses with the intent to 8
manufacture or deliver, one or more preparations, compounds, mixtures, or substances 9
of an aggregate weight of less than six ounces [ONE OUNCE] containing a schedule 10
VIA controlled substance; 11
(2) [REPEALED] 12
(3) fails to make, keep, or furnish any record, notification, order form, 13
statement, invoice, or information required under AS 17.30; 14
(4) under circumstances not proscribed under AS 11.71.030(a)(3), 15
11.71.040(a)(3), or 11.71.040(a)(4) possesses any amount of a schedule IA, IIA, IIIA, 16
IVA, or VA controlled substance; or 17
(5) under circumstances not proscribed under AS 11.71.040(a)(4), 18
possesses one or more preparations, compounds, mixtures, or substances of an 19
aggregate weight of six ounces [ONE OUNCE] or more containing a schedule VIA 20
controlled substance. 21
* Sec. 5. AS 11.71.060(a) is amended to read: 22
(a) Except as authorized in AS 17.30 or AS 17.38, a person commits the crime 23
of misconduct involving a controlled substance in the sixth degree if the person 24
(1) uses or displays any amount of a schedule VIA controlled 25
substance; 26
(2) possesses one or more preparations, compounds, mixtures, or 27
substances of an aggregate weight of 28
(A) less than six ounces [ONE OUNCE] containing a schedule 29
VIA controlled substance; 30
(B) [REPEALED] 31 33-LS0616\A
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(3) refuses entry into a premise for an inspection authorized under 1
AS 17.30. 2
* Sec. 6. AS 11.71.080 is amended to read: 3
Sec. 11.71.080. Aggregate weight of live cannabis [MARIJUANA] plants. 4
For purposes of calculating the aggregate weight of a live cannabis [MARIJUANA] 5
plant, the aggregate weight shall be one-sixth of the measured weight of the cannabis 6
[MARIJUANA] plant after the roots of the cannabis [MARIJUANA] plant have been 7
removed. 8
* Sec. 7. AS 11.71.125(f) is amended to read: 9
(f) The attorney general may not adopt an emergency regulation under this 10
section that schedules an alcoholic beverage as defined in AS 04.21.080, cannabis 11
[MARIJUANA] as defined in AS 17.38.900, or tobacco. 12
* Sec. 8. AS 11.71.190(b) is amended to read: 13
(b) Cannabis [MARIJUANA] is a schedule VIA controlled substance. 14
* Sec. 9. AS 11.71.900(14) is amended to read: 15
(14) "manufacture" 16
(A) means the production, preparation, propagation, 17
compounding, conversion, growing, or processing of a controlled substance, 18
either directly or indirectly by extraction from substances of natural origin, or 19
independently by means of chemical synthesis, or by a combination of 20
extraction and chemical synthesis; however, the growing of cannabis 21
[MARIJUANA] for personal use is not manufacturing; 22
(B) includes the preparation, compounding, packaging, 23
repackaging, labeling, or relabeling of a controlled substance or its container 24
unless done in conformity with applicable federal law 25
(i) by a practitioner as an incident to the practitioner's 26
administering or dispensing of a controlled substance in the course of 27
the practitioner's professional practice; or 28
(ii) by a practitioner, or by the practitioner's authorized 29
agent under the practitioner's supervision, for the purpose of, or as an 30
incident to, research, teaching, or chemical analysis and not for sale; 31 33-LS0616\A
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* Sec. 10. AS 11.81.900(b)(6) is amended to read: 1
(6) "cannabis" has the meaning given in AS 17.38.900 [ASCRIBED 2
TO IT IN AS 11.71.900(11), (12), AND (15)]; 3
* Sec. 11. AS 11.81.900(b)(23) is amended to read: 4
(23) "electronic smoking product" 5
(A) means 6
(i) any product containing or delivering nicotine or any 7
other substance intended for human consumption that can be used by a 8
person through inhalation of vapor or aerosol from the product, of any 9
size or shape, whether the product is manufactured, distributed, 10
marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, 11
or any other product name or descriptor; or 12
(ii) a component, solution, alternative tobacco product, 13
e-liquid, e-juice, vapor product, flavoring, or other related product of an 14
electronic cigarette, electronic cigar, electronic cigarillo, electronic 15
pipe, or other similar device of any size or shape used for, or to assist 16
with, aerosolizing and inhaling chemical substances that may cause an 17
adverse effect on human health; 18
(B) does not include cannabis [MARIJUANA] as defined in 19
AS 11.71.900; 20
* Sec. 12. AS 12.62.400(a) is amended to read: 21
(a) To obtain a national criminal history record check for determining a 22
person's qualifications for a license, permit, registration, employment, or position, a 23
person shall submit the person's fingerprints to the department with the fee established 24
by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 25
of Investigation to obtain a national criminal history record check of the person for the 26
purpose of evaluating a person's qualifications for 27
(1) a license or conditional contractor's permit to manufacture, sell, 28
offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 29
under AS 04.11; 30
(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 31 33-LS0616\A
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loan originator under AS 06.60; 1
(3) admission to the Alaska Bar Association under AS 08.08; 2
(4) licensure as a collection agency operator under AS 08.24; 3
(5) a certificate of fitness to handle explosives under AS 08.52; 4
(6) licensure as a massage therapist under AS 08.61; 5
(7) licensure to practice nursing or certification as a nurse aide under 6
AS 08.68; 7
(8) certification as a real estate appraiser under AS 08.87; 8
(9) a position involving supervisory or disciplinary power over a minor 9
or dependent adult for which criminal justice information may be released under 10
AS 12.62.160(b)(9); 11
(10) a teacher certificate under AS 14.20; 12
(11) a registration or license to operate a cannabis [MARIJUANA] 13
establishment under AS 17.38; 14
(12) admittance to a police training program under AS 18.65.230 or for 15
certification as a police officer under AS 18.65.240 if that person's prospective 16
employer does not have access to a criminal justice information system; 17
(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 18
(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 19
(15) licensure as an insurance producer, managing general agent, 20
reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 21
broker, or independent adjuster under AS 21.27; 22
(16) serving and executing process issued by a court by a person 23
designated under AS 22.20.130; 24
(17) a school bus driver license under AS 28.15.046; 25
(18) licensure as an operator or an instructor for a commercial driver 26
training school under AS 28.17; 27
(19) registration as a broker-dealer, agent, investment adviser 28
representative, or investment adviser under AS 45.56.300 - 45.56.350; 29
(20) licensure, license renewal, certification, certification renewal, or 30
payment from the Department of Health of an individual and an entity subject to the 31 33-LS0616\A
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requirements for a criminal history check under AS 47.05.310, including 1
(A) a public home care provider described in AS 47.05.017; 2
(B) a provider of home and community-based waiver services 3
financed under AS 47.07.030(c); 4
(C) a case manager to coordinate community mental health 5
services under AS 47.30.530; 6
(D) an entity listed in AS 47.32.010(b) and (c), including an 7
owner, officer, director, member, partner, employee, volunteer, or contractor of 8
an entity; or 9
(E) an individual or entity not described in (A) - (D) of this 10
paragraph that is required by statute or regulation to be licensed or certified by 11
the Department of Health or that is eligible to receive payments, in whole or in 12
part, from the Department of Health to provide for the health, safety, and 13
welfare of persons who are served by the programs administered by the 14
Department of Health; 15
(21) employment as a village public safety officer under AS 18.65.672 16
or certification as a village public safety officer under AS 18.65.682; 17
(22) licensure, license renewal, certification, or certification renewal 18
by the Department of Family and Community Services of an individual or entity, or 19
payment from the Department of Family and Community Services to an individual or 20
entity, subject to the requirements for a criminal history check under AS 47.05.310 for 21
a foster home, child placement agency, and runaway shelter listed in as 47.32.010(c), 22
including an owner, officer, director, member, partner, employee, volunteer, or 23
contractor of an entity. 24
* Sec. 13. AS 17.20.020(e) is amended to read: 25
(e) Food is not adulterated under this section solely because it contains 26
cannabis or a cannabis product [INDUSTRIAL HEMP], as defined in AS 17.38.900 27
[AS 03.05.100, OR AN INDUSTRIAL HEMP PRODUCT]. 28
* Sec. 14. AS 17.20.090 is amended to read: 29
Sec. 17.20.090. Misbranded drugs and devices. A drug or device is 30
misbranded 31 33-LS0616\A
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(1) if its labeling is false or misleading in any particular; 1
(2) if it is in package form unless it bears a label containing (A) the 2
name and place of business of the manufacturer, packer, or distributor; and (B) an 3
accurate statement of the quantity of the contents in terms of weight, measure, or 4
numerical count; however, under (B) of this paragraph reasonable variations shall be 5
permitted and exemptions for small packages shall be established by regulations 6
adopted by the department; 7
(3) if a word, statement, or other information required by or under 8
authority of this chapter to appear on the label or labeling is not prominently placed 9
with conspicuousness as compared with other words, statements, designs, or devices, 10
in the labeling and in terms that [WHICH] render it likely to be read and understood 11
by the ordinary individual under customary conditions of the purchase and use; 12
(4) if it is for use by man and contains a quantity of the narcotic or 13
hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, 14
carbromal, chloral, coca, cocaine, codeine, heroin, cannabis [MARIJUANA], 15
morphine, opium, paraldehyde, peyote, or sulphonmethane, or a chemical derivative of 16
any of them, which has been by the commissioner after investigation found to be and 17
by regulations under this chapter designated as habit forming; unless its label bears the 18
name, and quantity or proportion of the substance or derivative and in juxtaposition 19
with it the statement "Warning - May be habit forming"; 20
(5) if it is a drug and is not designated solely by a name recognized in 21
an official compendium unless its label bears (A) the common or usual name of the 22
drug; and (B) in case it is fabricated from two or more ingredients, the common or 23
usual name of each active ingredient, including the kind and quantity or proportion of 24
alcohol, and including, whether active or not, the name and quantity or proportion of 25
bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, 26
atropine, hyoscine, hyoscyamine, arsenic, digitalis glucosines, mercury, quabain, 27
strophanthin, strychnine, thyroid, or derivative or preparation of any of these 28
substances contained in them; however, to the extent that compliance with the 29
requirements of (B) of this paragraph is impracticable, exemptions shall be established 30
by regulations adopted by the department; 31 33-LS0616\A
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(6) unless its labeling bears (A) adequate directions for use; and (B) 1
adequate warnings against use in those pathological conditions or by children where 2
its use may be dangerous to health, or against unsafe dosage or methods or duration of 3
administration or application, in the manner and form necessary for the protection of 4
users; however, where a requirement of (A) of this paragraph as applied to a drug or 5
device is not necessary for the protection of the public health, the department shall 6
adopt regulations exempting the drug or device from these requirements; 7
(7) if it purports to be a drug the name of which is recognized in an 8
official compendium, unless it is packaged and labeled as prescribed in the 9
compendium; however, the method of packing may be modified with the consent of 10
the commissioner, and when a drug is recognized in both the United States 11
Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it is subject 12
to the requirements of the United States Pharmacopoeia with respect to packaging and 13
labeling unless it is labeled and offered for sale as a homeopathic drug, in which case 14
it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United 15
States, and not to those of the United States Pharmacopoeia; 16
(8) if it has been found by the commissioner to be a drug liable to 17
deterioration, unless it is packaged in the form and manner and its label bears a 18
statement of the precautions the department by regulation requires as necessary for the 19
protection of public health; and no regulation shall be established for a drug 20
recognized in an official compendium until the commissioner has informed the 21
appropriate body charged with the revision of the compendium of the need for 22
packaging or labeling requirements and that body has failed within a reasonable time 23
to prescribe the requirements; 24
(9) if it is a drug and its container is made, formed, or filled so as to be 25
misleading or if it is an imitation of another drug; or if it is offered for sale under the 26
name of another drug; 27
(10) if it is dangerous to health when used in the dosage, or with the 28
frequency or duration prescribed, recommended, or suggested in its labeling; 29
(11) if (A) it is a drug sold at retail and contains any quantity of 30
aminopyrine, barbituric acid, cinchophen, pituitary, thyroid, or their derivatives, or (B) 31 33-LS0616\A
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it is a drug or device sold at retail and its label as originally packed bears a statement 1
that it is to be dispensed or sold only by or on the prescription of a physician, dentist, 2
or veterinarian, unless it is sold on a written prescription signed by a member of the 3
medical, dental, or veterinary profession licensed by law to administer the drug or 4
device, and its label as dispensed bears the name and place of business of the seller, 5
the serial number and date of the prescription, and the name of the member of the 6
medical, dental, or veterinary profession, and the prescription may [SHALL] not be 7
refilled except on the written authorization of the prescribing physician, dentist, or 8
veterinarian. 9
* Sec. 15. AS 17.37.010(a) is amended to read: 10
(a) The department shall create and maintain a confidential registry of patients 11
who have applied for and are entitled to receive a registry identification card according 12
to the criteria set out in this chapter. The registry must also contain the name of the 13
primary caregiver and the name of the alternate caregiver of a patient, if either is 14
designated by the patient. Only one primary caregiver and one alternate caregiver may 15
be listed in the registry for a patient. The registry and the information contained within 16
it are not a public record under AS 40.25.100 - 40.25.295 (Alaska Public Records 17
Act). Peace officers and authorized employees of state or municipal law enforcement 18
agencies shall be granted access to the information contained within the department's 19
confidential registry only 20
(1) for the purpose of verifying that an individual who has presented a 21
registry identification card to a state or municipal law enforcement official is lawfully 22
in possession of such card; or 23
(2) for the purpose of determining that an individual who claims to be 24
lawfully engaged in the medical use of cannabis [MARIJUANA] is registered or 25
listed with the department or is considered to be registered or listed under (g) of this 26
section. 27
* Sec. 16. AS 17.37.010(c) is amended to read: 28
(c) In order to be placed on the state's confidential registry for the medical use 29
of cannabis [MARIJUANA], an adult patient or a parent or guardian of a minor 30
patient shall provide to the department 31 33-LS0616\A
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(1) a statement signed by the patient's physician 1
(A) stating that the physician personally examined the patient 2
and that the examination took place in the context of a bona fide physician-3
patient relationship and setting out the date the examination occurred; 4
(B) stating that the patient has been diagnosed with a 5
debilitating medical condition; and 6
(C) stating that the physician has considered other approved 7
medications and treatments that might provide relief, that are reasonably 8
available to the patient, and that can be tolerated by the patient, and that the 9
physician has concluded that the patient might benefit from the medical use of 10
cannabis [MARIJUANA]; 11
(2) a sworn application on a form provided by the department 12
containing the following information: 13
(A) the name, address, date of birth, and Alaska driver's license 14
or identification card number of the patient; 15
(B) the name, address, and telephone number of the patient's 16
physician; and 17
(C) the name, address, date of birth, and Alaska driver's license 18
or identification card number of the patient's primary caregiver and alternate 19
caregiver if either is designated at the time of application, along with the 20
statements required under (d) of this section; and 21
(3) if the patient is a minor, a statement by the minor's parent or 22
guardian that the patient's physician has explained the possible risks and benefits of 23
medical use of cannabis [MARIJUANA] and that the parent or guardian consents to 24
serve as the primary caregiver for the patient and to control the acquisition, 25
possession, dosage, and frequency of use of cannabis [MARIJUANA] by the patient. 26
* Sec. 17. AS 17.37.010(f) is amended to read: 27
(f) The department shall review the application and all information submitted 28
under (c) and (d) of this section within 30 days of receiving it. The department shall 29
notify the patient that the patient's application for a registry identification card has 30
been denied if the department's review of the information that the patient has provided 31 33-LS0616\A
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discloses that the information required under (c) of this section has not been provided 1
or has been falsified or that the patient is not otherwise qualified to be registered. If the 2
department determines that the primary caregiver or alternate caregiver is not qualified 3
under this section to be a primary caregiver or alternate caregiver, or if the information 4
required under this section has not been provided or has been falsified, the department 5
shall notify the patient of that determination and shall proceed to review the patient's 6
application as if a primary caregiver or alternate caregiver was not designated. The 7
patient may amend the application and designate a new primary caregiver or alternate 8
caregiver at any time. The department may not list a newly designated primary 9
caregiver or alternate caregiver until it determines that the newly designated primary 10
caregiver or alternate caregiver is qualified under this section and that the information 11
required under this section has been provided. Otherwise, not more than five days after 12
verifying the information, the department shall issue a registry identification card to 13
the patient, and, if a primary caregiver for a patient has been listed in the registry, the 14
department shall issue to the patient a duplicate of the patient's card clearly identified 15
as the caregiver registry identification card, stating 16
(1) the patient's name, address, date of birth, and Alaska driver's 17
license or identification card number; 18
(2) that the patient is registered with the department as a person who 19
has a debilitating medical condition that the patient may address with the medical use 20
of cannabis [MARIJUANA]; 21
(3) the dates of issuance and expiration of the registry identification 22
card; and 23
(4) the name, address, date of birth, and Alaska driver's license or 24
identification card number of the patient's primary caregiver and alternate caregiver, if 25
either is designated. 26
* Sec. 18. AS 17.37.010(h) is amended to read: 27
(h) A patient or a primary caregiver who is questioned by a state or municipal 28
law enforcement official about the patient's or primary caregiver's medical use of 29
cannabis [MARIJUANA] shall immediately show proper identification to the official 30
and inform the official that the person is a registered patient or listed primary 31 33-LS0616\A
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caregiver for a registered patient and either show the official (1) the person's registry 1
identification card, or (2) a copy of an application that has been pending without 2
registration or denial for over 35 days since received by the department and proof of 3
the date of delivery to the department, which shall be accorded the same legal effect as 4
a registry identification card until the patient receives actual notice that the application 5
has been denied. 6
* Sec. 19. AS 17.37.030(a) is amended to read: 7
(a) A patient, primary caregiver, or alternate caregiver registered with the 8
department under this chapter has an affirmative defense to a criminal prosecution 9
related to cannabis [MARIJUANA] to the extent provided in AS 11.71.090. 10
* Sec. 20. AS 17.37.030(c) is amended to read: 11
(c) A physician is not subject to any penalty, including arrest, prosecution, or 12
disciplinary proceeding, or denial of any right or privilege, for 13
(1) advising a patient whom the physician has diagnosed as having a 14
debilitating medical condition about the risks and benefits of medical use of cannabis 15
[MARIJUANA] or that the patient might benefit from the medical use of cannabis, if 16
[MARIJUANA, PROVIDED THAT] the advice is based on [UPON] the physician's 17
contemporaneous assessment in the context of a bona fide physician-patient 18
relationship of 19
(A) the patient's medical history and current medical condition; 20
and 21
(B) other approved medications and treatments that might 22
provide relief and that are reasonably available to the patient and that can be 23
tolerated by the patient; or 24
(2) providing a patient with a written statement in an application for 25
registration under AS 17.37.010. 26
* Sec. 21. AS 17.37.030(d) is amended to read: 27
(d) Notwithstanding the provisions of this section, a person, including a 28
patient, primary caregiver, or alternate caregiver, is not entitled to the protection of 29
this chapter for the person's acquisition, possession, cultivation, use, sale, distribution, 30
or transportation of cannabis [MARIJUANA] for nonmedical use. 31 33-LS0616\A
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* Sec. 22. AS 17.37.040 is amended to read: 1
Sec. 17.37.040. Restrictions on medical use of cannabis [MARIJUANA]. 2
(a) A patient, primary caregiver, or alternate caregiver may not 3
(1) engage in the medical use of cannabis [MARIJUANA] in a way 4
that endangers the health or well-being of any person; 5
(2) engage in the medical use of cannabis [MARIJUANA] in plain 6
view of, or in a place open to, the general public; this paragraph does not prohibit a 7
patient or primary caregiver from possessing cannabis [MARIJUANA] in a place 8
open to the general public if 9
(A) the person possesses, in a closed container carried on the 10
person, one ounce or less of cannabis [MARIJUANA] in usable form; 11
(B) the cannabis [MARIJUANA] is not visible to anyone other 12
than the patient or primary caregiver; and 13
(C) the possession is limited to that necessary to transport the 14
cannabis [MARIJUANA] directly to the patient or primary caregiver or 15
directly to a place where the patient or primary caregiver may lawfully possess 16
or use the cannabis [MARIJUANA]; 17
(3) sell or distribute cannabis [MARIJUANA] to any person, except 18
that a patient may deliver cannabis [MARIJUANA] to the patient's primary caregiver 19
and a primary caregiver may deliver cannabis [MARIJUANA] to the patient for 20
whom the caregiver is listed; or 21
(4) possess in the aggregate more than 22
(A) one ounce of cannabis [MARIJUANA] in usable form; 23
and 24
(B) six cannabis [MARIJUANA] plants, with not [NO] more 25
than three mature and flowering plants producing usable cannabis 26
[MARIJUANA] at any one time. 27
(b) Any patient found by a preponderance of the evidence to have knowingly 28
violated the provisions of this chapter shall be precluded from obtaining or using a 29
registry identification card for the medical use of cannabis [MARIJUANA] for a 30
period of one year. In this subsection, "knowingly" has the meaning given in 31 33-LS0616\A
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AS 11.81.900. 1
(c) A governmental, private, or other health insurance provider is not liable for 2
any claim for reimbursement for expenses associated with medical use of cannabis 3
[MARIJUANA]. 4
(d) Nothing in this chapter requires any accommodation of any medical use of 5
cannabis [MARIJUANA] 6
(1) in any place of employment; 7
(2) in any correctional facility, medical facility, or facility monitored 8
by the department or the Department of Administration; 9
(3) on or within 500 feet of school grounds; 10
(4) at or within 500 feet of a recreation or youth center; or 11
(5) on a school bus. 12
* Sec. 23. AS 17.37.070(4) is amended to read: 13
(4) "debilitating medical condition" means 14
(A) cancer, glaucoma, positive status for human 15
immunodeficiency virus, or acquired immune deficiency syndrome, or 16
treatment for any of these conditions; 17
(B) any chronic or debilitating disease or treatment for such 18
diseases, which produces, for a specific patient, one or more of the following, 19
and for which, in the professional opinion of the patient's physician, such 20
condition or conditions reasonably may be alleviated by the medical use of 21
cannabis [MARIJUANA]: cachexia; severe pain; severe nausea; seizures, 22
including those that are characteristic of epilepsy; or persistent muscle spasms, 23
including those that are characteristic of multiple sclerosis; or 24
(C) any other medical condition, or treatment for such 25
condition, approved by the department, under regulations adopted under 26
AS 17.37.060 or approval of a petition submitted under AS 17.37.060; 27
* Sec. 24. AS 17.37.070(8) is amended to read: 28
(8) "medical use" means the acquisition, possession, cultivation, use or 29
transportation of cannabis [MARIJUANA] or paraphernalia related to the 30
administration of cannabis [MARIJUANA] to alleviate a debilitating medical 31 33-LS0616\A
HB0117a -17- HB 117
New Text Underlined [DELETED TEXT BRACKETED]
condition under the provisions of this chapter and AS 11.71.090; 1
* Sec. 25. AS 17.37.070(12) is amended to read: 2
(12) "usable form" and "usable cannabis" [MARIJUANA"] means the 3
seeds, leaves, buds, and flowers of the plant genus [(GENUS)] cannabis, but does not 4
include the stalks or roots. 5
* Sec. 26. AS 17.37.080 is amended to read: 6
Sec. 17.37.080. Short title. AS 17.37.010 - 17.37.070 may be cited as the 7
Medical Uses of Cannabis [MARIJUANA] for Persons Suffering from Debilitating 8
Medical Conditions Act. 9
* Sec. 27. AS 17.38.010(a) is amended to read: 10
(a) In the interest of allowing law enforcement to focus on violent and 11
property crimes, and to enhance individual freedom, the people of the state of Alaska 12
find and declare that the use of cannabis [MARIJUANA] should be legal for persons 13
21 years of age or older. 14
* Sec. 28. AS 17.38.010(b) is amended to read: 15
(b) In the interest of the health and public safety of our citizenry, the people of 16
the state of Alaska further find and declare that the production and sale of cannabis 17
[MARIJUANA] should be regulated so that 18
(1) individuals will have to show proof of age before purchasing 19
cannabis [MARIJUANA]; 20
(2) legitimate, taxpaying business people, and not criminal actors, will 21
conduct sales of cannabis [MARIJUANA]; and 22
(3) cannabis [MARIJUANA] sold by regulated businesses will be 23
labeled and subject to additional regulations to ensure that consumers are informed 24
and protected. 25
* Sec. 29. AS 17.38.020 is amended to read: 26
Sec. 17.38.020. Personal use of cannabis [MARIJUANA]. Notwithstanding 27
any other provision of law, except as otherwise provided in this chapter, the following 28
acts, by persons 21 years of age or older, are lawful and are not criminal or civil 29
offenses under state law or the law of any political subdivision of the state or a basis 30
for seizure or forfeiture of assets under state law: 31 33-LS0616\A
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(1) possessing, using, displaying, purchasing, or transporting cannabis 1
[MARIJUANA] accessories or six ounces [ONE OUNCE] or less of cannabis 2
[MARIJUANA]; 3
(2) possessing, growing, processing, or transporting not more than six 4
cannabis [MARIJUANA] plants, with three or fewer being mature, flowering plants, 5
and possession of the cannabis [MARIJUANA] produced by the plants on the 6
premises where the plants were grown, except that not more than 12 cannabis 7
[MARIJUANA] plants, with six or fewer being mature, flowering plants, may be 8
present in a single dwelling regardless of the number of persons 21 years of age or 9
older residing in the dwelling; 10
(3) transferring six ounces [ONE OUNCE] or less of cannabis 11
[MARIJUANA] and up to six immature cannabis [MARIJUANA] plants to a person 12
who is 21 years of age or older without remuneration; 13
(4) consumption of cannabis [MARIJUANA], except that nothing in 14
this chapter permits the consumption of cannabis [MARIJUANA] in public; and 15
(5) assisting, aiding, or supporting another person who is 21 years of 16
age or older in any of the acts described in (1) - (4) of this section. 17
* Sec. 30. AS 17.38.020 is amended by adding a new subsection to read: 18
(b) Notwithstanding any other provision of law, the following acts are lawful 19
and are not criminal or civil offenses under state law or the law of any political 20
subdivision of the state or a basis for seizure or forfeiture of assets under state law: 21
(1) possessing, using, displaying, purchasing, transporting, or 22
consuming products if the only form of cannabis contained in the product is 23
cannabidiol, cannabigerol, cannabichromene, cannabinol, or another cannabis wellness 24
product that is authorized by the department, or a combination thereof; 25
(2) assisting, aiding, or supporting another person in an act described 26
in this subsection. 27
* Sec. 31. AS 17.38.030(a) is amended to read: 28
(a) The personal cultivation of cannabis [MARIJUANA] described in 29
AS 17.38.020(2) is subject to the following terms: 30
(1) cannabis [MARIJUANA] plants shall be cultivated in a location 31 33-LS0616\A
HB0117a -19- HB 117
New Text Underlined [DELETED TEXT BRACKETED]
where the plants are not subject to public view without the use of binoculars, aircraft, 1
or other optical aids; 2
(2) a person who cultivates cannabis [MARIJUANA] must take 3
reasonable precautions to ensure the plants are secure from unauthorized access; 4
(3) cannabis [MARIJUANA] cultivation may only occur on property 5
lawfully in possession of the cultivator or with the consent of the person in lawful 6
possession of the property. 7
* Sec. 32. AS 17.38.040 is amended to read: 8
Sec. 17.38.040. Public consumption banned, penalty. It is unlawful to 9
consume cannabis [MARIJUANA] in public. A person who violates this section is 10
guilty of a violation punishable by a fine of up to $100. 11
* Sec. 33. AS 17.38.050(a) is amended to read: 12
(a) A person who is under 21 years of age may not present or offer to a 13
cannabis [MARIJUANA] establishment or the cannabis [MARIJUANA] 14
establishment's agent or employee any written or oral evidence of age that is false, 15
fraudulent, or not actually the person's own, for the purpose of 16
(1) purchasing, attempting to purchase, or otherwise procuring or 17
attempting to procure cannabis [MARIJUANA] or cannabis [MARIJUANA] 18
products; or 19
(2) gaining access to a cannabis [MARIJUANA] establishment. 20
* Sec. 34. AS 17.38.060 is amended to read: 21
Sec. 17.38.060. Cannabis [MARIJUANA] accessories authorized. 22
Notwithstanding any other provision of law, it is lawful and is not an offense under 23
state law or the law of any political subdivision of the state or a basis for seizure or 24
forfeiture of assets under state law for persons 21 years of age or older to manufacture, 25
possess, or purchase cannabis [MARIJUANA] accessories, or to distribute or sell 26
cannabis [MARIJUANA] accessories to a person who is 21 years of age or older. 27
* Sec. 35. AS 17.38.070(a) is amended to read: 28
(a) Notwithstanding any other provision of law, the following acts, when 29
performed by a retail cannabis [MARIJUANA] store with a current, valid registration, 30
or a person 21 years of age or older who is acting in the person's capacity as an owner, 31 33-LS0616\A
HB 117 -20- HB0117a
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employee, or agent of a retail cannabis [MARIJUANA] store, are lawful and are not 1
an offense under state law or a basis for seizure or forfeiture of assets under state law: 2
(1) possessing, displaying, storing, or transporting cannabis 3
[MARIJUANA] or cannabis [MARIJUANA] products, except that cannabis 4
[MARIJUANA] and cannabis [MARIJUANA] products may not be displayed in a 5
manner that is visible to the general public from a public right-of-way; 6
(2) delivering or transferring cannabis [MARIJUANA] or cannabis 7
[MARIJUANA] products to or from a cannabis testing facility, cannabis 8
cultivation facility, or cannabis product manufacturing facility [A MARIJUANA 9
TESTING FACILITY]; 10
(3) receiving cannabis [MARIJUANA] or cannabis [MARIJUANA] 11
products from a cannabis [MARIJUANA] testing facility; 12
(4) purchasing cannabis or cannabis products [MARIJUANA] from 13
a cannabis [MARIJUANA] cultivation facility or cannabis product manufacturing 14
facility; and [;] 15
(5) [PURCHASING MARIJUANA OR MARIJUANA PRODUCTS 16
FROM A MARIJUANA PRODUCT MANUFACTURING FACILITY; AND 17
(6)] delivering, distributing, or selling cannabis [MARIJUANA] or 18
cannabis [MARIJUANA] products to consumers. 19
* Sec. 36. AS 17.38.070(b) is amended to read: 20
(b) Notwithstanding any other provision of law, the following acts, when 21
performed by a cannabis [MARIJUANA] cultivation facility with a current, valid 22
registration, or a person 21 years of age or older who is acting in the person's capacity 23
as an owner, employee, or agent of a cannabis [MARIJUANA] cultivation facility, 24
are lawful and are not an offense under state law or a basis for seizure or forfeiture of 25
assets under state law: 26
(1) cultivating, manufacturing, harvesting, processing, packaging, 27
transporting, displaying, storing, or possessing cannabis [MARIJUANA]; 28
(2) delivering or transferring cannabis [MARIJUANA] to a cannabis 29
[MARIJUANA] testing facility; 30
(3) receiving cannabis [MARIJUANA] from a cannabis 31 33-LS0616\A
HB0117a -21- HB 117
New Text Underlined [DELETED TEXT BRACKETED]
[MARIJUANA] testing facility or a retail cannabis store; 1
(4) delivering, distributing, or selling cannabis [MARIJUANA] to a 2
cannabis [MARIJUANA] cultivation facility, a cannabis [MARIJUANA] product 3
manufacturing facility, or a retail cannabis [MARIJUANA] store; 4
(5) receiving or purchasing cannabis [MARIJUANA] from a 5
cannabis [MARIJUANA] cultivation facility; and 6
(6) receiving cannabis [MARIJUANA] seeds or immature cannabis 7
[MARIJUANA] plants from a person 21 years of age or older. 8
* Sec. 37. AS 17.38.070(c) is amended to read: 9
(c) Notwithstanding any other provision of law, the following acts, when 10
performed by a cannabis [MARIJUANA] product manufacturing facility with a 11
current, valid registration, or a person 21 years of age or older who is acting in the 12
person's capacity as an owner, employee, or agent of a cannabis [MARIJUANA] 13
product manufacturing facility, are lawful and are not an offense under state law or a 14
basis for seizure or forfeiture of assets under state law: 15
(1) packaging, processing, transporting, manufacturing, displaying, or 16
possessing cannabis [MARIJUANA] or cannabis [MARIJUANA] products; 17
(2) delivering or transferring cannabis [MARIJUANA] or cannabis 18
[MARIJUANA] products to a cannabis [MARIJUANA] testing facility; 19
(3) receiving cannabis [MARIJUANA] or cannabis [MARIJUANA] 20
products from a cannabis [MARIJUANA] testing facility or a retail cannabis store; 21
(4) delivering or selling cannabis [MARIJUANA] or cannabis 22
[MARIJUANA] products to a retail cannabis [MARIJUANA] store or a cannabis 23
[MARIJUANA] product manufacturing facility; 24
(5) purchasing cannabis [MARIJUANA] from a cannabis 25
[MARIJUANA] cultivation facility; and 26
(6) purchasing cannabis [MARIJUANA] or cannabis 27
[MARIJUANA] products from a cannabis [MARIJUANA] product manufacturing 28
facility. 29
* Sec. 38. AS 17.38.070(d) is amended to read: 30
(d) Notwithstanding any other provision of law, the following acts, when 31 33-LS0616\A
HB 117 -22- HB0117a
New Text Underlined [DELETED TEXT BRACKETED]
performed by a cannabis [MARIJUANA] testing facility with a current, valid 1
registration, or a person 21 years of age or older who is acting in the person's capacity 2
as an owner, employee, or agent of a cannabis [MARIJUANA] testing facility, are 3
lawful and are not an offense under state law or a basis for seizure or forfeiture of 4
assets under state law: 5
(1) possessing, cultivating, processing, repackaging, storing, 6
transporting, displaying, transferring, or delivering cannabis [MARIJUANA]; 7
(2) receiving cannabis [MARIJUANA] or cannabis [MARIJUANA] 8
products from a cannabis [MARIJUANA] cultivation facility, a cannabis 9
[MARIJUANA] retail store, a cannabis [MARIJUANA] products manufacturer, or a 10
person 21 years of age or older; and 11
(3) returning cannabis [MARIJUANA] or cannabis [MARIJUANA] 12
products to a cannabis [MARIJUANA] cultivation facility, a cannabis 13
[MARIJUANA] retail store, a cannabis [MARIJUANA] products manufacturer, or a 14
person 21 years of age or older. 15
* Sec. 39. AS 17.38.070(f) is amended to read: 16
(f) Nothing in this section prevents the imposition of penalties on cannabis 17
[UPON MARIJUANA] establishments for violating this chapter or rules adopted by 18
the board or local governments under [PURSUANT TO] this chapter. 19
* Sec. 40. AS 17.38.070(g) is amended to read: 20
(g) The provisions of AS 17.30.020 do not apply to cannabis [MARIJUANA] 21
establishments. 22
* Sec. 41. AS 17.38.080(a) is amended to read: 23
(a) The Cannabis [MARIJUANA] Control Board is established in the 24
Department of Commerce, Community, and Economic Development as a regulatory 25
and quasi-judicial agency. The board is in the Department of Commerce, Community, 26
and Economic Development for administrative purposes only. 27
* Sec. 42. AS 17.38.080(b) is amended to read: 28
(b) The board members shall be appointed by the governor and confirmed by a 29
majority of the members of the legislature in joint session. A member of the board 30
may not hold any other state or federal office, either elective or appointive. The board 31 33-LS0616\A
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consists of seven [FIVE] voting members as follows: 1
(1) one person from the public safety sector; 2
(2) one person from the public health sector; 3
(3) one person currently residing in a rural area; 4
(4) two people [ONE PERSON] actively engaged in the cannabis 5
[MARIJUANA] industry; [AND] 6
(5) one person who is either from the general public or is a 7
representative from a local government or community council, and is not [OR] 8
actively engaged in the cannabis [MARIJUANA] industry; and 9
(6) one person who has a background in plant production, organic 10
chemistry, or plant pathology. 11
* Sec. 43. AS 17.38.080(d) is amended to read: 12
(d) A board member representing the general public, the public safety sector, 13
the public health sector, or a rural area or who is a representative from a local 14
government or community council, or the member's immediate family member, may 15
not have a financial interest in the cannabis [MARIJUANA] industry. 16
* Sec. 44. AS 17.38.080(e) is amended by adding a new paragraph to read: 17
(7) "cannabis industry" means a business or profession related to 18
cannabis in which the person is lawfully engaged and that is in compliance with this 19
chapter, regulations adopted under this chapter, and other provisions of state law. 20
* Sec. 45. AS 17.38.121(a) is amended to read: 21
(a) The board shall control the cultivation, manufacture, and sale of cannabis 22
[MARIJUANA] in the state. The board is vested with the powers and duties necessary 23
to enforce this chapter. 24
* Sec. 46. AS 17.38.121(b) is amended to read: 25
(b) The board shall 26
(1) propose and adopt regulations; 27
(2) establish by regulation the qualifications for licensure, including 28
fees and factors related to the applicant's experience, criminal justice history, and 29
financial interests; 30
(3) review applications for licensure made under this chapter and may 31 33-LS0616\A
HB 117 -24- HB0117a
New Text Underlined [DELETED TEXT BRACKETED]
order the executive director to issue, renew, suspend, or revoke a license authorized 1
under this chapter; [AND] 2
(4) hear appeals from actions of the director and from actions of 3
officers and employees charged with enforcing this chapter and the regulations 4
adopted under this chapter; 5
(5) work with the Department of Natural Resources to regulate 6
cannabis cultivation; in developing regulations for the cultivation of cannabis 7
under this paragraph, the board shall defer to recommendations from the 8
division of the Department of Natural Resources with responsibility for 9
agriculture; and 10
(6) adopt regulations to create a cannabis wholesale distributor 11
license authorizing a person to import cannabis and cannabis products into the 12
state. 13
* Sec. 47. AS 17.38.121(c) is amended to read: 14
(c) When considering an application for licensure, the board may reduce the 15
area to be designated as the licensed premises from the area applied for if the board 16
determines that a reduction in area is necessary to ensure control over the sale and 17
consumption of cannabis [MARIJUANA] on the premises or is otherwise in the 18
public interest. 19
* Sec. 48. AS 17.38.121 is amended by adding a new subsection to read: 20
(g) The board may limit the number of licenses allowed under this chapter 21
based on the public interest. 22
* Sec. 49. AS 17.38.131 is amended to read: 23
Sec. 17.38.131. Enforcement powers. The director and the persons employed 24
for the administration and enforcement of this chapter may, with the concurrence of 25
the commissioner of public safety, exercise the powers of peace officers when those 26
powers are specifically granted by the board. Powers granted by the board under this 27
section may be exercised only when necessary for the enforcement of the criminally 28
punishable provisions of this chapter, other criminal statutes relating to substances or 29
activities regulated or permitted under this chapter, regulations of the board, and other 30
criminally punishable laws and regulations relating to cannabis [MARIJUANA]. 31 33-LS0616\A
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New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 50. AS 17.38.190 is amended to read: 1
Sec. 17.38.190. Rulemaking. (a) The board shall adopt regulations necessary 2
for implementation of this chapter. Regulations under this subsection may not prohibit 3
the operation of cannabis [MARIJUANA] establishments, either expressly or through 4
regulations that make their operation unreasonably impracticable. The regulations 5
must include 6
(1) procedures for the issuance, renewal, suspension, and revocation of 7
a registration to operate a cannabis [MARIJUANA] establishment; procedures under 8
this paragraph are subject to all requirements of AS 44.62 (Administrative Procedure 9
Act); 10
(2) a schedule of application, registration, and renewal fees; 11
application fees may not exceed $5,000, with this upper limit adjusted annually for 12
inflation, unless the board determines a greater fee is necessary to carry out its 13
responsibilities under this chapter; 14
(3) qualifications for registration that are directly and demonstrably 15
related to the operation of a cannabis [MARIJUANA] establishment; 16
(4) security requirements for cannabis [MARIJUANA] 17
establishments, including for the transportation of cannabis [MARIJUANA] by 18
cannabis [MARIJUANA] establishments; 19
(5) requirements to prevent the sale or diversion of cannabis 20
[MARIJUANA] and cannabis [MARIJUANA] products to persons under the age of 21
21; 22
(6) labeling requirements for cannabis [MARIJUANA] and cannabis 23
[MARIJUANA] products sold or distributed by a cannabis [MARIJUANA] 24
establishment; 25
(7) health and safety regulations and standards for the manufacture of 26
cannabis [MARIJUANA] products and the cultivation of cannabis [MARIJUANA]; 27
(8) reasonable restrictions on the advertising and display of cannabis 28
[MARIJUANA] and cannabis [MARIJUANA] products; and 29
(9) civil penalties for the failure to comply with regulations made 30
under this chapter. 31 33-LS0616\A
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New Text Underlined [DELETED TEXT BRACKETED]
(b) In order to ensure that individual privacy is protected, the board may not 1
require a consumer to provide a retail cannabis [MARIJUANA] store with personal 2
information other than government-issued identification to determine the consumer's 3
age, and a retail cannabis [MARIJUANA] store may not be required to acquire and 4
record personal information about consumers. 5
* Sec. 51. AS 17.38.200(a) is amended to read: 6
(a) Each application or renewal application for a registration to operate a 7
cannabis [MARIJUANA] establishment shall be submitted to the board. A renewal 8
application may be submitted up to 90 days before the expiration of the cannabis 9
[MARIJUANA] establishment's registration. When filing an application for a new 10
registration under this subsection, the applicant shall submit the applicant's 11
fingerprints and the fees required by the Department of Public Safety under 12
AS 12.62.160 for criminal justice information and a national criminal history record 13
check. When filing an application for renewal of registration, an applicant shall submit 14
the applicant's fingerprints and the fees required by the Department of Public Safety 15
under AS 12.62.160 for criminal justice information and a national criminal history 16
record check every five years. The board shall forward the fingerprints and fees to the 17
Department of Public Safety to obtain a report of criminal justice information under 18
AS 12.62 and a national criminal history record check under AS 12.62.400. 19
* Sec. 52. AS 17.38.200(b) is amended to read: 20
(b) The board shall begin accepting and processing applications to operate 21
cannabis [MARIJUANA] establishments one year after February 24, 2015. 22
* Sec. 53. AS 17.38.200(c) is amended to read: 23
(c) Upon receiving an application or renewal application for a cannabis 24
[MARIJUANA] establishment, the board shall immediately forward a copy of each 25
application and half of the registration application fee to the local regulatory authority 26
for the local government in which the applicant desires to operate the cannabis 27
[MARIJUANA] establishment, unless the local government has not designated a local 28
regulatory authority under [PURSUANT TO] AS 17.38.210(c). 29
* Sec. 54. AS 17.38.200(d) is amended to read: 30
(d) Within 45 to 90 days after receiving an application or renewal application, 31 33-LS0616\A
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New Text Underlined [DELETED TEXT BRACKETED]
the board shall issue a biennial [AN ANNUAL] registration to the applicant unless 1
the board finds the applicant is not in compliance with regulations enacted under 2
[PURSUANT TO] AS 17.38.190 or the board is notified by the relevant local 3
government that the applicant is not in compliance with ordinances and regulations 4
made under [PURSUANT TO] AS 17.38.210 and in effect at the time of application. 5
* Sec. 55. AS 17.38.200(e) is amended to read: 6
(e) If a local government has enacted a numerical limit on the number of 7
cannabis [MARIJUANA] establishments and a greater number of applicants seek 8
registrations, the board shall solicit and consider input from the local regulatory 9
authority as to the local government's preference or preferences for registration. 10
* Sec. 56. AS 17.38.200(g) is amended to read: 11
(g) Every cannabis [MARIJUANA] establishment registration shall specify 12
the location where the cannabis [MARIJUANA] establishment will operate. A 13
separate registration shall be required for each location at which a cannabis 14
[MARIJUANA] establishment operates. 15
* Sec. 57. AS 17.38.200(h) is amended to read: 16
(h) Cannabis [MARIJUANA] establishments and the books and records 17
maintained and created by cannabis [MARIJUANA] establishments are subject to 18
inspection by the board. 19
* Sec. 58. AS 17.38.200(i) is amended to read: 20
(i) A cannabis [MARIJUANA] establishment may not be registered under 21
this chapter if a person who is an owner, officer, or agent of the cannabis 22
[MARIJUANA] establishment has been convicted of a felony and either 23
(1) less than five years have elapsed from the time of the person's 24
conviction; or 25
(2) the person is currently on probation or parole for that felony. 26
* Sec. 59. AS 17.38.210(a) is amended to read: 27
(a) A local government may prohibit the operation of cannabis 28
[MARIJUANA] cultivation facilities, cannabis [MARIJUANA] product 29
manufacturing facilities, cannabis [MARIJUANA] testing facilities, or retail 30
cannabis [MARIJUANA] stores through the enactment of an ordinance or by a voter 31 33-LS0616\A
HB 117 -28- HB0117a
New Text Underlined [DELETED TEXT BRACKETED]
initiative. An established village may prohibit the operation of cannabis 1
[MARIJUANA] cultivation facilities, cannabis [MARIJUANA] product 2
manufacturing facilities, cannabis [MARIJUANA] testing facilities, or retail 3
cannabis [MARIJUANA] stores as provided in AS 17.38.300. 4
* Sec. 60. AS 17.38.210(b) is amended to read: 5
(b) A local government may enact ordinances or regulations not in conflict 6
with this chapter or with regulations enacted under [PURSUANT TO] this chapter, 7
governing the time, place, manner, and number of cannabis [MARIJUANA] 8
establishment operations. A local government may establish civil penalties for 9
violation of an ordinance or regulation governing the time, place, and manner of a 10
cannabis [MARIJUANA] establishment that may operate in such local government. 11
* Sec. 61. AS 17.38.210(c) is amended to read: 12
(c) A local government may designate a local regulatory authority that is 13
responsible for processing applications submitted for a registration to operate a 14
cannabis [MARIJUANA] establishment within the boundaries of the local 15
government. The local government may provide that the local regulatory authority 16
may issue such registrations should the issuance by the local government become 17
necessary because of a failure by the board to adopt regulations under [PURSUANT 18
TO] AS 17.38.190 or to accept or process applications in accordance with 19
AS 17.38.200. 20
* Sec. 62. AS 17.38.210(e) is amended to read: 21
(e) A local government may establish a schedule of annual operating, 22
registration, and application fees for cannabis [MARIJUANA] establishments. The [, 23
PROVIDED THAT THE] local government may charge an [THE] 24
(1) application fee only if an application is submitted to the local 25
government in accordance with (f) of this section; and 26
(2) registration fee only if a registration is issued by the local 27
government in accordance with (f) of this section. 28
* Sec. 63. AS 17.38.210(f) is amended to read: 29
(f) If the board does not issue a registration to an applicant within 90 days of 30
receipt of the application filed in accordance with AS 17.38.200 and does not notify 31 33-LS0616\A
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New Text Underlined [DELETED TEXT BRACKETED]
the applicant of the specific, permissible reason for its denial, in writing and within 1
such time period, or if the board has adopted regulations under [PURSUANT TO] 2
AS 17.38.190 and has accepted applications under [PURSUANT TO] AS 17.38.200 3
but has not issued any registrations by 15 months after February 24, 2015, the 4
applicant may resubmit its application directly to the local regulatory authority, under 5
[PURSUANT TO] (c) of this section, and the local regulatory authority may issue a 6
biennial [AN ANNUAL] registration to the applicant. If an application is submitted to 7
a local regulatory authority under this subsection, the board shall forward to the local 8
regulatory authority the application fee paid by the applicant to the board upon request 9
by the local regulatory authority. 10
* Sec. 64. AS 17.38.220 is amended to read: 11
Sec. 17.38.220. Employers, driving, minors, and control of property. (a) 12
Nothing in this chapter is intended to require an employer to permit or accommodate 13
the use, consumption, possession, transfer, display, transportation, sale, or growing of 14
cannabis [MARIJUANA] in the workplace or to affect the ability of employers to 15
have policies restricting the use of cannabis [MARIJUANA] by employees. 16
(b) Nothing in this chapter is intended to allow driving under the influence of 17
cannabis [MARIJUANA] or to supersede laws related to driving under the influence 18
of cannabis [MARIJUANA]. 19
(c) Nothing in this chapter is intended to permit the transfer of cannabis 20
[MARIJUANA], with or without remuneration, to a person under the age of 21. 21
(d) Nothing in this chapter shall prohibit a person, employer, school, hospital, 22
recreation or youth center, correction facility, corporation, or any other entity who 23
occupies, owns, or controls private property from prohibiting or otherwise regulating 24
the possession, consumption, use, display, transfer, distribution, sale, transportation, or 25
growing of cannabis [MARIJUANA] on or in that property. 26
* Sec. 65. AS 17.38.230 is amended to read: 27
Sec. 17.38.230. Impact on medical cannabis [MARIJUANA] law. Nothing 28
in this chapter shall be construed to limit any privileges or rights of a medical 29
cannabis [MARIJUANA] patient or medical cannabis [MARIJUANA] caregiver 30
under AS 17.37. 31 33-LS0616\A
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* Sec. 66. AS 17.38.300(a) is amended to read: 1
(a) If a majority of the voters voting on the question vote to approve the 2
option, an established village shall exercise a local option to prohibit the operation of 3
one or more of the following types of cannabis [MARIJUANA] establishments: 4
(1) cannabis [MARIJUANA] cultivation facilities; 5
(2) cannabis [MARIJUANA] product manufacturing facilities; 6
(3) cannabis [MARIJUANA] testing facilities; or 7
(4) retail cannabis [MARIJUANA] stores. 8
* Sec. 67. AS 17.38.320 is amended to read: 9
Sec. 17.38.320. Effect on registrations of prohibition of cannabis 10
[MARIJUANA] establishments. If a majority of voters vote to prohibit the operation 11
of cannabis [MARIJUANA] establishments under AS 17.38.300, the board may not 12
issue, renew, or transfer, between persons or locations, a registration for a cannabis 13
[MARIJUANA] establishment located within the perimeter of the established village. 14
A registration that may not be renewed because of a local option election held under 15
AS 17.38.300 is void 90 days after the results of the election are certified. A 16
registration that expires during the 90 days after the results of a local option election 17
are certified may be extended, until it is void under this section, by payment of a 18
prorated portion of the annual registration fee. 19
* Sec. 68. AS 17.38.330(a) is amended to read: 20
(a) If a majority of the voters vote to prohibit the operation of cannabis 21
[MARIJUANA] establishments under AS 17.38.300, a person may not knowingly sell 22
or manufacture cannabis [MARIJUANA] in the established village. 23
* Sec. 69. AS 17.38.340(d) is amended to read: 24
(d) After a petition has been certified as sufficient to meet the requirements of 25
(b) of this section, another petition may not be filed or certified until after the question 26
presented in the first petition has been voted on. A local option question to prohibit the 27
operation of cannabis [MARIJUANA] cultivation facilities, cannabis 28
[MARIJUANA] product manufacturing facilities, cannabis [MARIJUANA] testing 29
facilities, or retail cannabis [MARIJUANA] stores or to prohibit all cannabis 30
[MARIJUANA] establishments may be presented in one election. 31 33-LS0616\A
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* Sec. 70. AS 17.38 is amended by adding a new section to read: 1
Sec. 17.38.380. Higher education. (a) A postsecondary educational institution 2
in the state may invest in, develop, and offer cannabis research and educational 3
programs relating to the production, growth, economics, business, testing, and science 4
of cannabis. 5
(b) A postsecondary educational institution that elects to engage in the sale of 6
cannabis or cannabis products as part of its research and educational programs under 7
this section shall obtain a registration to operate a retail cannabis store. 8
* Sec. 71. AS 17.38.900(1) is amended to read: 9
(1) "board" means the Cannabis [MARIJUANA] Control Board 10
established by AS 17.38.080; 11
* Sec. 72. AS 17.38.900(2) is amended to read: 12
(2) "consumer" means a person 21 years of age or older who purchases 13
cannabis [MARIJUANA] or cannabis [MARIJUANA] products for personal use by 14
persons 21 years of age or older, but not for resale to others; 15
* Sec. 73. AS 17.38.900(3) is amended to read: 16
(3) "consumption" means the act of ingesting, inhaling, or otherwise 17
introducing cannabis [MARIJUANA] into the human body; 18
* Sec. 74. AS 17.38.900(4) is amended to read: 19
(4) "director" means the director of the Cannabis [MARIJUANA] 20
Control Board and the Alcoholic Beverage Control Board; 21
* Sec. 75. AS 17.38.900(8) is amended to read: 22
(8) "local regulatory authority" means the office or entity designated to 23
process cannabis [MARIJUANA] establishment applications by a local government; 24
* Sec. 76. AS 17.38.900(19) is amended to read: 25
(19) "unreasonably impracticable" means that the measures necessary 26
to comply with the regulations require such a high investment of risk, money, time, or 27
any other resource or asset that the operation of a cannabis [MARIJUANA] 28
establishment is not worthy of being carried out in practice by a reasonably prudent 29
businessperson. 30
* Sec. 77. AS 17.38.900 is amended by adding new paragraphs to read: 31 33-LS0616\A
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(20) "cannabis" means any part of a plant or seeds from all species of 1
the genus cannabis, whether growing or not, and all derivatives, extracts, 2
cannabinoids, isomers, acids, salts, and salts of isomers; 3
(21) "cannabis accessories" means equipment, products, or materials of 4
any kind that are used, intended for use, or designed for use in planting, propagating, 5
cultivating, growing, harvesting, composting, manufacturing, compounding, 6
converting, producing, processing, preparing, testing, analyzing, packaging, 7
repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or 8
otherwise introducing cannabis into the human body; 9
(22) "cannabis cultivation facility" means an entity registered to 10
cultivate, prepare, and package cannabis and to sell cannabis to retail cannabis stores, 11
to cannabis product manufacturing facilities, and to other cannabis cultivation 12
facilities, but not to consumers; 13
(23) "cannabis establishment" means a cannabis cultivation facility, a 14
cannabis testing facility, a cannabis product manufacturing facility, or a retail cannabis 15
store; 16
(24) "cannabis product" means a concentrated cannabis product and a 17
cannabis product that consists of cannabis and other ingredients and is intended for use 18
or consumption, including an edible product, ointment, or tincture; 19
(25) "cannabis product manufacturing facility" means an entity 20
registered to purchase cannabis; manufacture, prepare, and package cannabis products; 21
and sell cannabis and cannabis products to other cannabis product manufacturing 22
facilities and to retail cannabis stores, but not to consumers; 23
(26) "cannabis testing facility" means an entity registered to analyze 24
and certify the safety and potency of cannabis; 25
(27) "retail cannabis store" means an entity registered to purchase 26
cannabis from cannabis cultivation facilities, to purchase cannabis and cannabis 27
products from cannabis product manufacturing facilities, and to sell cannabis and 28
cannabis products to consumers. 29
* Sec. 78. AS 18.35.301(h) is amended to read: 30
(h) Nothing in this section prohibits an individual from smoki
ng 31 33-LS0616\A
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(1) at a private residence, except a private residence described in (b) of 1
this section or while a health care provider is present; 2
(2) in a stand-alone shelter if the stand-alone shelter meets the 3
following requirements: 4
(A) food or drink may not be sold or served in the stand-alone 5
shelter; and 6
(B) the stand-alone shelter meets the minimum distance 7
requirements of (c) of this section; or 8
(3) in an establishment licensed under AS 17.38 that is freestanding if 9
the smoking is in accordance with regulations adopted by the Cannabis 10
[MARIJUANA] Control Board created under AS 17.38.080. 11
* Sec. 79. AS 43.61.010(a) is amended to read: 12
(a) An excise tax is imposed on the sale or transfer of cannabis 13
[MARIJUANA] from a cannabis [MARIJUANA] cultivation facility to a retail 14
cannabis [MARIJUANA] store or cannabis [MARIJUANA] product manufacturing 15
facility. Every cannabis [MARIJUANA] cultivation facility shall pay an excise tax at 16
the rate of $12.50 an [$50 PER] ounce, or proportionate part thereof, on cannabis 17
[MARIJUANA] that is sold or transferred from a cannabis [MARIJUANA] 18
cultivation facility to a retail cannabis [MARIJUANA] store or cannabis 19
[MARIJUANA] product manufacturing facility. 20
* Sec. 80. AS 43.61.010(b) is amended to read: 21
(b) The department may exempt certain parts of the cannabis [MARIJUANA] 22
plant from the excise tax described in (a) of this section or may establish a rate lower 23
than $12.50 an [$50 PER] ounce for certain parts of the cannabis [MARIJUANA] 24
plant. 25
* Sec. 81. AS 43.61.010(f) is amended to read: 26
(f) The cannabis [MARIJUANA] education and treatment fund is established 27
in the general fund. The [IN ADDITION TO THE ACCOUNTING UNDER (c) OF 28
THIS SECTION, THE] Department of Administration shall separately account for [25 29
PERCENT OF] the tax collected under this section and deposit it into the cannabis 30
[MARIJUANA] education and treatment fund. The Department of Administration 31 33-LS0616\A
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shall deposit interest earned on the fund into the general fund. Money in the fund does 1
not lapse. The legislature may appropriate from [USE THE ANNUAL ESTIMATED 2
BALANCE IN] the fund not more than 33 percent of the annual estimated tax 3
collected under this section to each of the following: 4
(1) [TO MAKE APPROPRIATIONS TO] the Department of Health 5
for the comprehensive cannabis [MARIJUANA] use education and treatment 6
program established under AS 44.29.020(a)(14); 7
(2) the Department of Commerce, Community, and Economic 8
Development to support administrative tasks relating to the cultivation, 9
manufacture, and sale of cannabis and cannabis products in the state; and 10
(3) the general fund. 11
* Sec. 82. AS 43.61.010 is amended by adding new subsections to read: 12
(g) A sales tax is imposed on the sale of cannabis and cannabis products from 13
a retail cannabis store to a consumer. Every consumer shall pay a three percent sales 14
tax at a retail cannabis store for all cannabis and cannabis products intended for human 15
consumption. 16
(h) An import tax is imposed on the importation of cannabis and cannabis 17
products by a cannabis wholesale distributor. Every cannabis wholesale distributor 18
shall pay an import tax of 10.5 percent of the value of the cannabis and cannabis 19
products imported by the cannabis wholesale distributor. 20
* Sec. 83. AS 43.61.020 is amended to read: 21
Sec. 43.61.020. Monthly statement and payments. (a) Each cannabis 22
[MARIJUANA] cultivation facility shall send a statement by mail or electronically to 23
the department on or before the last day of each calendar month. The statement must 24
contain an account of the amount of cannabis [MARIJUANA] sold or transferred to 25
retail cannabis [MARIJUANA] stores and cannabis [MARIJUANA] product 26
manufacturing facilities in the state during the preceding month, setting out 27
(1) the total number of ounces, including fractional ounces, sold or 28
transferred; 29
(2) the names and Alaska address of each buyer and transferee; and 30
(3) the weight of cannabis [MARIJUANA] sold or transferred to the 31 33-LS0616\A
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respective buyers or transferees. 1
(b) The cannabis [MARIJUANA] cultivation facility shall pay monthly to the 2
department, all taxes, computed at the rates prescribed in this chapter, on the 3
respective total quantities of the cannabis [MARIJUANA] sold or transferred during 4
the preceding month. The monthly return shall be filed and the tax paid on or before 5
the last day of each month to cover the preceding month. 6
* Sec. 84. AS 43.61.020, as amended by sec. 83 of this Act, is amended to read: 7
Sec. 43.61.020. Monthly statement and payments. (a) Each retail cannabis 8
store and wholesale distributor [CULTIVATION FACILITY] shall send a statement 9
by mail or electronically to the department on or before the last day of each calendar 10
month. The statement must contain an account of the amount of cannabis sold to 11
consumers or imported into [OR TRANSFERRED TO RETAIL CANNABIS 12
STORES AND CANNABIS PRODUCT MANUFACTURING FACILITIES IN] the 13
state during the preceding month, setting out 14
[(1)] the total number of ounces, including fractional ounces, sold or 15
imported and the total value of the cannabis sold or imported [TRANSFERRED; 16
(2) THE NAMES AND ALASKA ADDRESS OF EACH BUYER 17
AND TRANSFEREE; AND 18
(3) THE WEIGHT OF CANNABIS SOLD OR TRANSFERRED TO 19
THE RESPECTIVE BUYERS OR TRANSFEREES]. 20
(b) The retail cannabis store and wholesale distributor [CULTIVATION 21
FACILITY] shall pay monthly to the department, all taxes, computed at the rates 22
prescribed in this chapter, on the respective total quantities of the cannabis sold or 23
imported [TRANSFERRED] during the preceding month. The monthly return shall 24
be filed and the tax paid on or before the last day of each month to cover the preceding 25
month. 26
* Sec. 85. AS 43.61.030 is amended to read: 27
Sec. 43.61.030. Administration and enforcement of tax. (a) Delinquent 28
payments under this chapter shall subject the cannabis [MARIJUANA] cultivation 29
facility to civil penalties under AS 43.05.220. 30
(b) If a cannabis [MARIJUANA] cultivation facility fails to pay the tax to the 31 33-LS0616\A
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state, the cannabis [MARIJUANA] cultivation facility's registration may be revoked 1
in accordance with procedures established under AS 17.38.190(a)(1). 2
* Sec. 86. AS 43.61.030, as amended by sec. 85 of this Act, is amended to read: 3
Sec. 43.61.030. Administration and enforcement of tax. (a) Delinquent 4
payments under this chapter shall subject the retail cannabis store or wholesale 5
distributor [CULTIVATION FACILITY] to civil penalties under AS 43.05.220. 6
(b) If a retail cannabis store or wholesale distributor [CULTIVATION 7
FACILITY] fails to pay the tax to the state, the retail cannabis store's 8
[CULTIVATION FACILITY'S] registration or wholesale distributor's license may 9
be revoked in accordance with procedures established under AS 17.38.190(a)(1). 10
* Sec. 87. AS 43.61 is amended by adding new sections to read: 11
Sec. 43.61.040. Tax for excess cannabis. A person who is not registered 12
under AS 17.38 and who is found to be in possession of cannabis plants in excess of 13
the amount of cannabis plants authorized for personal use in AS 17.38.020(2) is 14
subject to the tax on the cannabis plants possessed in excess of the amount authorized 15
for use in AS 17.38.020 and seizure of any excess plants possessed. The tax due under 16
this section is $50 for each immature plant and $200 for each mature, flowering plant. 17
Sec. 43.61.050. Unregistered product. (a) A cannabis product manufacturing 18
facility or retail cannabis store is secondarily liable for unregistered cannabis in the 19
possession of the cannabis product manufacturing facility or retail cannabis store. If 20
requested by the department, the cannabis product manufacturing facility or retail 21
cannabis store shall provide the department with proof that cannabis in the possession 22
of the cannabis product manufacturing facility or retail cannabis store is from a 23
registered cannabis product manufacturing facility. If the cannabis product 24
manufacturing facility or retail cannabis store is unable to show the legal origin of 25
cannabis in its possession, the cannabis is subject to seizure and the cannabis product 26
manufacturing facility or retail cannabis store is subject to a tax penalty of two times 27
the tax assessed on comparable legal cannabis. For the purposes of the penalty, the 28
department has the authority to determine the tax value of comparable legal cannabis. 29
(b) The department may examine the books, papers, records, or memoranda of 30
a person growing, selling, receiving, storing, refining, or processing cannabis. A 31 33-LS0616\A
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person growing, selling, receiving, storing, refining, or processing cannabis shall 1
preserve all books, papers, records, or memoranda for at least three years and shall 2
provide the books, papers, records, or memoranda for inspection when demanded by 3
the department. 4
Sec. 43.61.900. Definitions. In this chapter, "cannabis," "cannabis cultivation 5
facility," "cannabis product," "cannabis product manufacturing facility," "cannabis 6
wholesale distributor," and "retail cannabis store" have the meanings given in 7
AS 17.38.900. 8
* Sec. 88. AS 44.29.020(a) is amended to read: 9
(a) The Department of Health shall administer state programs, including 10
(1) maternal and child health services; 11
(2) preventive medical services; 12
(3) public health nursing services; 13
(4) nutrition services; 14
(5) health education; 15
(6) laboratories; 16
(7) mental health treatment and diagnosis, except for mental health 17
treatment and diagnosis under AS 47.30.660 - 47.30.915; 18
(8) medical facilities; 19
(9) adult public assistance; 20
(10) the Alaska temporary assistance program; 21
(11) general relief; 22
(12) a comprehensive smoking education, tobacco use prevention, and 23
tobacco control program; to the maximum extent possible, the department shall 24
administer the program required under this paragraph by grant to or contract with one 25
or more organizations in the state; the department's program must include 26
(A) a community-based tobacco use prevention and cessation 27
component addressing the needs of youth and adults that includes use of 28
cessation aids such as a nicotine patch or a nicotine gum tobacco substitute; 29
(B) youth-based efforts that involve youth in the design and 30
implementation of tobacco control efforts; 31 33-LS0616\A
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(C) anti-tobacco counter-marketing targeting both youth and 1
adult populations designed to communicate messages to help prevent youth 2
initiation of tobacco use, promote cessation among tobacco users, and educate 3
the public about the lethal effects of exposure to secondhand smoke; 4
(D) tobacco use surveys of youth and adult populations 5
concerning knowledge, awareness, attitude, and use of tobacco products; and 6
(E) an enforcement component; 7
(13) licensure and regulation of child care facilities; 8
(14) a comprehensive cannabis [MARIJUANA] use education and 9
treatment program; to the extent possible, the department shall administer the program 10
required under this paragraph by grant to or contract with one or more organizations in 11
the state; the department's program must include 12
(A) a community-based cannabis [MARIJUANA] misuse 13
prevention component; the community-based component must provide for a 14
youth services grant program to 15
(i) reduce initiation and promote cessation of cannabis 16
[MARIJUANA] use by youth, reduce youth access to cannabis 17
[MARIJUANA] products, and reduce exposure of youth to impaired 18
driving dangers related to cannabis [MARIJUANA] use; 19
(ii) provide recreational, educational, and character-20
building programs for youth outside school hours; and 21
(iii) address cannabis [MARIJUANA] use prevention 22
through outcome-based curricula, adult and peer mentoring, and 23
opportunities for positive, prosocial leisure and recreational activities; 24
(B) cannabis [MARIJUANA] public education designed to 25
communicate messages to help prevent youth initiation of cannabis 26
[MARIJUANA] use, educate the public about the effects of cannabis 27
[MARIJUANA] use, and educate the public about cannabis [MARIJUANA] 28
laws; 29
(C) surveys of 30
(i) youth and adult populations concerning knowledge, 31 33-LS0616\A
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awareness, attitude, and use of cannabis [MARIJUANA] products; 1
(ii) the need for trained professionals working in 2
organizations described in this paragraph; 3
(D) the development of plans to address the need for trained 4
professionals and to assist in implementing a training program for those 5
professionals; 6
(E) monitoring of population health status related to the 7
consequences of cannabis [MARIJUANA] use; and 8
(F) substance abuse screening, brief intervention, and referral 9
to treatment. 10
* Sec. 89. AS 44.33.020(a)(44) is amended to read: 11
(44) supply necessary clerical and administrative services for the 12
Alcoholic Beverage Control Board and the Cannabis [MARIJUANA] Control Board. 13
* Sec. 90. AS 44.37.030(a) is amended to read: 14
(a) The Department of Natural Resources shall 15
(1) obtain and publish information electronically and in print on 16
subjects connected with agriculture, including community seed libraries established 17
under AS 03.20.120; 18
(2) control and regulate the entry and transportation of seeds, plants, 19
and other horticultural products; 20
(3) control and eradicate the spread of pests injurious to plants, trees, 21
vegetables, livestock, and poultry; 22
(4) aid in developing used and unused agricultural resources; [AND] 23
(5) experiment and determine practical methods of growing, 24
processing, soil analysis, eradication of obnoxious weeds, control of insects, and 25
cheaper and more satisfactory methods of land clearing; and 26
(6) provide recommendations to the Cannabis Control Board 27
relating to the regulation of cannabis cultivation under AS 17.38.121. 28
* Sec. 91. AS 44.62.330(a)(46) is amended to read: 29
(46) Cannabis [MARIJUANA] Control Board. 30
* Sec. 92. AS 44.66.010(a)(13) is amended to read: 31 33-LS0616\A
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(13) Cannabis [MARIJUANA] Control Board (AS 17.38.080) - 1
June 30, 2024. 2
* Sec. 93. AS 03.05.010(a)(7), 03.05.010(a)(8), 03.05.010(b)(6), 03.05.010(c), 03.05.076, 3
03.05.078, 03.05.079, 03.05.100(5); AS 11.71.160(f)(1), 11.71.160(f)(2), 11.71.160(f)(3), 4
11.71.900(3), 11.71.900(11), 11.71.900(12), 11.71.900(15); AS 17.38.080(e)(3), 5
17.38.900(10), 17.38.900(11), 17.38.900(12), 17.38.900(13), 17.38.900(14), 17.38.900(15), 6
17.38.900(16), 17.38.900(18); AS 43.61.010(c), and 43.61.010(d) are repealed. 7
* Sec. 94. AS 43.61.010(a) and 43.61.010(b) are repealed July 1, 2028. 8
* Sec. 95. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
APPLICABILITY. AS 43.61.010(a), as amended by sec. 79 of this A ct, 11
AS 43.61.010(b), as amended by sec. 80 of this Act, AS 43.61.020, as amended by sec. 83 of 12
this Act, and AS 43.61.030, as amended by sec. 85 of this Act, apply to taxes accrued on or 13
after the effective date of secs. 79, 80, 83, and 85 of this Act. 14
* Sec. 96. The uncodified law of the State of Alaska is amended by adding a new section to 15
read: 16
CANNABIS TESTING ANALYSIS. The Department of Environmental Conservation 17
shall research how to develop a cost-effective, in-state method to test cannabis for heavy 18
metals and pesticides. As part of the research, the Department of Environmental Conservation 19
shall analyze the differences between expanding state laboratory services, offering funding 20
incentives to private laboratories, and exploring opportunities with the University of Alaska to 21
further develop laboratory capabilities. 22
* Sec. 97. The uncodified law of the State of Alaska is amended by adding a new section to 23
read: 24
CONDITIONAL EFFECT; NOTIFICATION; LICENSING MORATORIUM. (a) If 25
the federal government legalizes or decriminalizes cannabis, the Cannabis Control Board 26
established in AS 17.38.080(a), as amended by sec. 41 of this Act, shall immediately impose a 27
12-month moratorium on the approval of new licenses issued under AS 17.38 for applications 28
filed on or after the effective date of this section. 29
(b) The chair of the Cannabis Control Board shall notify the revisor of statutes in 30
writing within three days after the federal legalization or decriminalization of cannabis. 31 33-LS0616\A
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(c) During the 12-month moratorium under (a) of this section, the Cannabis Control 1
Board shall analyze the cannabis industry and, following the expiration of the moratorium, 2
may authorize an increase in the number of licenses that the board may issue. 3
* Sec. 98. If sec. 97 of this Act takes effect, it takes effect on the day after the date the 4
federal government approves the federal legalization or decriminalization of cannabis. 5
* Sec. 99. Sections 82, 84, and 86 of this Act take effect July 1, 2028. 6