AK
Alaska House Bill HB91

Alaska 2025-2026 Regular Session

Alaska House Bill HB91 Compare Versions

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2-HB0091b -1- CSHB 91(STA)
2+HB0091a -1- HB 91
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10-CS FOR HOUSE BILL NO. 91(STA)
10+
11+ HOUSE BILL NO. 91
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE HOUSE STATE AFFAIRS COMMITTEE
17+BY REPRESENTATIVE CARRICK
1718
18-Offered: 3/12/25
19-Referred: Finance
19+Introduced: 2/10/25
20+Referred:
2021
21-Sponsor(s): REPRESENTATIVE CARRICK
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to the lawful operation of retail marijuana stores; relating to 1
2728 marijuana cultivation; relating to the registration of marijuana establishments; relating 2
2829 to marijuana taxes; relating to the duties of the Department of Revenue; and providing 3
2930 for an effective date." 4
3031 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
3132 * Section 1. AS 17.38.070(a) is amended to read: 6
3233 (a) Notwithstanding any other provision of law, the following acts, when 7
3334 performed by a retail marijuana store with a current, valid registration, or a person 21 8
3435 years of age or older who is acting in the person's capacity as an owner, employee, or 9
3536 agent of a retail marijuana store, are lawful and are not an offense under state law or a 10
3637 basis for seizure or forfeiture of assets under state law: 11
3738 (1) possessing, displaying, storing, or transporting marijuana or 12
3839 marijuana products, except that marijuana and marijuana products may not be 13
39-displayed in a manner that is visible to the general public from a public right-of-way; 14 34-LS0528\N
40-CSHB 91(STA) -2- HB0091b
40+displayed in a manner that is visible to the general public from a public right-of-way; 14 34-LS0528\A
41+HB 91 -2- HB0091a
4142 New Text Underlined [DELETED TEXT BRACKETED]
4243
4344 (2) delivering or transferring marijuana or marijuana products to a 1
4445 marijuana testing facility; 2
4546 (3) receiving marijuana or marijuana products from a marijuana testing 3
4647 facility; 4
4748 (4) purchasing marijuana from a marijuana cultivation facility; 5
4849 (5) purchasing marijuana or marijuana products from a marijuana 6
4950 product manufacturing facility; and 7
5051 (6) delivering, distributing, or selling marijuana or marijuana products 8
5152 to a consumer, a marijuana cultivation facility, or a marijuana product 9
5253 manufacturing facility [CONSUMERS]. 10
5354 * Sec. 2. AS 17.38 is amended by adding a new section to read: 11
5455 Sec. 17.38.075. Marijuana inventory tracking at marijuana cultivation 12
5556 facilities. A marijuana cultivation facility shall assign a tracking number to each crop 13
5657 of marijuana plants when the height of one or more plants exceeds eight inches. The 14
5758 board may not require a marijuana cultivation facility to assign an individual tracking 15
5859 number to each plant propagated, grown, or cultivated on the marijuana cultivation 16
5960 facility's premises. 17
6061 * Sec. 3. AS 17.38.200(a) is amended to read: 18
6162 (a) Each application or renewal application for a registration to operate a 19
6263 marijuana establishment shall be submitted to the board. A renewal application may be 20
6364 submitted up to 90 days before the expiration of the marijuana establishment's 21
6465 registration. When filing an application for a new registration under this subsection, 22
6566 the applicant shall submit the applicant's fingerprints and the fees required by the 23
6667 Department of Public Safety under AS 12.62.160 for criminal justice information and 24
6768 a national criminal history record check. When filing an application for renewal of 25
6869 registration, an applicant shall submit the applicant's fingerprints and the fees required 26
6970 by the Department of Public Safety under AS 12.62.160 for criminal justice 27
7071 information and a national criminal history record check every six [FIVE] years. The 28
7172 board shall forward the fingerprints and fees to the Department of Public Safety to 29
7273 obtain a report of criminal justice information under AS 12.62 and a national criminal 30
73-history record check under AS 12.62.400. 31 34-LS0528\N
74-HB0091b -3- CSHB 91(STA)
74+history record check under AS 12.62.400. 31 34-LS0528\A
75+HB0091a -3- HB 91
7576 New Text Underlined [DELETED TEXT BRACKETED]
7677
7778 * Sec. 4. AS 17.38.200(d) is amended to read: 1
7879 (d) Within 45 to 90 days after receiving an application or renewal application, 2
7980 the board shall issue a biennial [AN ANNUAL] registration to the applicant unless 3
8081 the board finds the applicant is not in compliance with regulations enacted under 4
8182 [PURSUANT TO] AS 17.38.190 or the board is notified by the relevant local 5
8283 government that the applicant is not in compliance with ordinances and regulations 6
8384 made under [PURSUANT TO] AS 17.38.210 and in effect at the time of application. 7
8485 * Sec. 5. AS 17.38.210(e) is amended to read: 8
8586 (e) A local government may establish a schedule of biennial [ANNUAL] 9
8687 operating, registration, and application fees for marijuana establishments, provided 10
8788 that the local government may charge the 11
8889 (1) application fee only if an application is submitted to the local 12
8990 government in accordance with (f) of this section; and 13
9091 (2) registration fee only if a registration is issued by the local 14
9192 government in accordance with (f) of this section. 15
9293 * Sec. 6. AS 17.38.210(f) is amended to read: 16
9394 (f) If the board does not issue a registration to an applicant within 90 days 17
9495 after receiving [OF RECEIPT OF] the application filed in accordance with 18
9596 AS 17.38.200 and does not notify the applicant of the specific, permissible reason for 19
9697 its denial, in writing and within that [SUCH] time period, or if the board has adopted 20
9798 regulations under [PURSUANT TO] AS 17.38.190 and has accepted applications 21
9899 under [PURSUANT TO] AS 17.38.200 but has not issued any registrations by 15 22
99100 months after February 24, 2015, the applicant may resubmit its application directly to 23
100101 the local regulatory authority, under [PURSUANT TO] (c) of this section, and the 24
101102 local regulatory authority may issue a biennial [AN ANNUAL] registration to the 25
102103 applicant. If an application is submitted to a local regulatory authority under this 26
103104 subsection, the board shall forward to the local regulatory authority the application fee 27
104105 paid by the applicant to the board upon request by the local regulatory authority. 28
105106 * Sec. 7. AS 17.38.210(h) is amended to read: 29
106107 (h) A local regulatory authority issuing a registration to an applicant shall do 30
107-so within 90 days after receiving [OF RECEIPT OF] the submitted or resubmitted 31 34-LS0528\N
108-CSHB 91(STA) -4- HB0091b
108+so within 90 days after receiving [OF RECEIPT OF] the submitted or resubmitted 31 34-LS0528\A
109+HB 91 -4- HB0091a
109110 New Text Underlined [DELETED TEXT BRACKETED]
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111112 application unless the local regulatory authority finds and notifies the applicant that 1
112113 the applicant is not in compliance with ordinances and regulations made under 2
113114 [PURSUANT TO] (b) of this section in effect at the time the application is submitted 3
114115 to the local regulatory authority. The local government shall notify the board if a 4
115116 biennial [AN ANNUAL] registration has been issued to the applicant. 5
116117 * Sec. 8. AS 17.38.210(j) is amended to read: 6
117118 (j) A subsequent or renewed registration may be issued under (f) of this 7
118119 section on a biennial [AN ANNUAL] basis only upon resubmission to the local 8
119120 government of a new application submitted to the board under [PURSUANT TO] 9
120121 AS 17.38.200. 10
121122 * Sec. 9. AS 17.38.320 is amended to read: 11
122123 Sec. 17.38.320. Effect on registrations of prohibition of marijuana 12
123124 establishments. If a majority of voters vote to prohibit the operation of marijuana 13
124125 establishments under AS 17.38.300, the board may not issue, renew, or transfer, 14
125126 between persons or locations, a registration for a marijuana establishment located 15
126127 within the perimeter of the established village. A registration that may not be renewed 16
127128 because of a local option election held under AS 17.38.300 is void 90 days after the 17
128129 results of the election are certified. A registration that expires during the 90 days after 18
129130 the results of a local option election are certified may be extended, until it is void 19
130131 under this section, by payment of a prorated portion of the biennial [ANNUAL] 20
131132 registration fee. 21
132133 * Sec. 10. AS 17.38.900(18) is amended to read: 22
133134 (18) "retail marijuana store" means an entity registered to purchase 23
134135 marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana 24
135136 products from marijuana product manufacturing facilities, and to sell marijuana and 25
136137 marijuana products to consumers, marijuana cultivation facilities, and marijuana 26
137138 product manufacturing facilities; 27
138139 * Sec. 11. AS 43.61.010(a) is amended to read: 28
139140 (a) An excise tax is imposed on the sale or transfer of marijuana from a 29
140141 marijuana cultivation facility to a retail marijuana store or marijuana product 30
141-manufacturing facility. Every marijuana cultivation facility shall pay an excise tax at 31 34-LS0528\N
142-HB0091b -5- CSHB 91(STA)
142+manufacturing facility. Every marijuana cultivation facility shall pay an excise tax at 31 34-LS0528\A
143+HB0091a -5- HB 91
143144 New Text Underlined [DELETED TEXT BRACKETED]
144145
145146 the rate of $12.50 an [$50 PER] ounce, or proportionate part thereof, on marijuana 1
146147 that is sold or transferred from a marijuana cultivation facility to a retail marijuana 2
147148 store or marijuana product manufacturing facility. 3
148149 * Sec. 12. AS 43.61.010(f) is amended to read: 4
149150 (f) The marijuana education and treatment fund is established in the general 5
150151 fund. In addition to the accounting under (c) of this section, the Department of 6
151152 Administration shall separately account for 25 percent of the tax collected under this 7
152153 section and deposit it into the marijuana education and treatment fund. The 8
153154 Department of Administration shall deposit interest earned on the fund into the general 9
154155 fund. Money in the fund does not lapse. The legislature may use the annual estimated 10
155156 balance in the fund to make appropriations to the Department of Health for the 11
156157 comprehensive marijuana use education and treatment program established under 12
157158 AS 44.29.020(a)(14) and may use at least 50 percent of the annual estimated 13
158159 balance in the fund to make appropriations to the youth services grant program 14
159160 within the community-based marijuana misuse prevention component of that 15
160161 program. 16
161- * Sec. 13. AS 43.61.010 is amended by adding new subsections to read: 17
162-(g) In addition to the accounting under (c) and (f) of this section, the 18
163-Department of Administration shall separately account for 25 percent of the tax 19
164-collected under this section and deposit it into the public education fund. 20
165-(h) A sales tax is imposed on the sale of marijuana and marijuana products 21
166-from a retail marijuana store to a consumer. Every consumer shall pay a six percent 22
167-sales tax at a retail marijuana store for all marijuana and marijuana products intended 23
168-for human consumption. 24
169- * Sec. 14. AS 43.61.020 is amended to read: 25
170-Sec. 43.61.020. Quarterly statements [MONTHLY STATEMENT] and 26
171-payments. (a) Each retail marijuana store [CULTIVATION FACILITY] shall send a 27
172-statement by mail or electronically to the department on or before the last day of each 28
173-quarter [CALENDAR MONTH]. The statement must contain an account of the 29
174-amount of marijuana sold to consumers [OR TRANSFERRED TO RETAIL 30
175-MARIJUANA STORES AND MARIJUANA PRODUCT MANUFACTURING 31 34-LS0528\N
176-CSHB 91(STA) -6- HB0091b
162+ * Sec. 13. AS 43.61.010 is amended by adding a new subsection to read: 17
163+(g) A sales tax is imposed on the sale of marijuana and marijuana products 18
164+from a retail marijuana store to a consumer. Every consumer shall pay a six percent 19
165+sales tax at a retail marijuana store for all marijuana and marijuana products intended 20
166+for human consumption. 21
167+ * Sec. 14. AS 43.61.020 is amended to read: 22
168+Sec. 43.61.020. Quarterly statements [MONTHLY STATEMENT] and 23
169+payments. (a) Each retail marijuana store [CULTIVATION FACILITY] shall send a 24
170+statement by mail or electronically to the department on or before the last day of each 25
171+quarter [CALENDAR MONTH]. The statement must contain an account of the 26
172+amount of marijuana sold to consumers [OR TRANSFERRED TO RETAIL 27
173+MARIJUANA STORES AND MARIJUANA PRODUCT MANUFACTURING 28
174+FACILITIES IN THE STATE] during the preceding quarter [MONTH], setting out 29
175+[(1)] the total number of ounces, including fractional ounces, sold and 30
176+the total value of the marijuana sold [OR TRANSFERRED; 31 34-LS0528\A
177+HB 91 -6- HB0091a
177178 New Text Underlined [DELETED TEXT BRACKETED]
178179
179-FACILITIES IN THE STATE] during the preceding quarter [MONTH], setting out 1
180-[(1)] the total number of ounces, including fractional ounces, sold and 2
181-the total value of the marijuana sold [OR TRANSFERRED; 3
182-(2) THE NAMES AND ALASKA ADDRESS OF EACH BUYER 4
183-AND TRANSFEREE; AND 5
184-(3) THE WEIGHT OF MARIJUANA SOLD OR TRANSFERRED 6
185-TO THE RESPECTIVE BUYERS OR TRANSFEREES]. 7
186-(b) The retail marijuana store [CULTIVATION FACILITY] shall pay 8
187-quarterly [MONTHLY] to the department [,] all taxes, computed at the rates 9
188-prescribed in this chapter, on the respective total quantities of the marijuana sold [OR 10
189-TRANSFERRED] during the preceding quarter [MONTH]. The quarterly 11
190-[MONTHLY] return shall be filed and the tax paid on or before the last day of each 12
191-quarter [MONTH] to cover the preceding quarter [MONTH]. 13
192- * Sec. 15. AS 43.61.030 is amended to read: 14
193-Sec. 43.61.030. Administration and enforcement of tax. (a) Delinquent 15
194-payments under this chapter shall subject the retail marijuana store [CULTIVATION 16
195-FACILITY] to civil penalties under AS 43.05.220. 17
196-(b) If a retail marijuana store [CULTIVATION FACILITY] fails to pay the 18
197-tax to the state, the retail marijuana store's [CULTIVATION FACILITY'S] 19
198-registration may be revoked in accordance with procedures established under 20
199-AS 17.38.190(a)(1). 21
200- * Sec. 16. AS 44.25.020 is amended to read: 22
201-Sec. 44.25.020. Duties of department. The Department of Revenue shall 23
202-(1) enforce the tax laws of the state; 24
203-(2) collect, account for, have custody of, invest, and manage all state 25
204-funds and all revenues of the state except revenues incidental to a program of licensing 26
205-and regulation carried on by another state department, funds managed and invested by 27
206-the Alaska Retirement Management Board, and as otherwise provided by law; 28
207-(3) invest and manage the balance of the power development fund in 29
208-accordance with AS 44.83.386; 30
209-(4) administer the surety bond program for licensure as a fish 31 34-LS0528\N
210-HB0091b -7- CSHB 91(STA)
180+(2) THE NAMES AND ALASKA ADDRESS OF EACH BUYER 1
181+AND TRANSFEREE; AND 2
182+(3) THE WEIGHT OF MARIJUANA SOLD OR TRANSFERRED 3
183+TO THE RESPECTIVE BUYERS OR TRANSFEREES]. 4
184+(b) The retail marijuana store [CULTIVATION FACILITY] shall pay 5
185+quarterly [MONTHLY] to the department [,] all taxes, computed at the rates 6
186+prescribed in this chapter, on the respective total quantities of the marijuana sold [OR 7
187+TRANSFERRED] during the preceding quarter [MONTH]. The quarterly 8
188+[MONTHLY] return shall be filed and the tax paid on or before the last day of each 9
189+quarter [MONTH] to cover the preceding quarter [MONTH]. 10
190+ * Sec. 15. AS 43.61.030 is amended to read: 11
191+Sec. 43.61.030. Administration and enforcement of tax. (a) Delinquent 12
192+payments under this chapter shall subject the retail marijuana store [CULTIVATION 13
193+FACILITY] to civil penalties under AS 43.05.220. 14
194+(b) If a retail marijuana store [CULTIVATION FACILITY] fails to pay the 15
195+tax to the state, the retail marijuana store's [CULTIVATION FACILITY'S] 16
196+registration may be revoked in accordance with procedures established under 17
197+AS 17.38.190(a)(1). 18
198+ * Sec. 16. AS 44.25.020 is amended to read: 19
199+Sec. 44.25.020. Duties of department. The Department of Revenue shall 20
200+(1) enforce the tax laws of the state; 21
201+(2) collect, account for, have custody of, invest, and manage all state 22
202+funds and all revenues of the state except revenues incidental to a program of licensing 23
203+and regulation carried on by another state department, funds managed and invested by 24
204+the Alaska Retirement Management Board, and as otherwise provided by law; 25
205+(3) invest and manage the balance of the power development fund in 26
206+accordance with AS 44.83.386; 27
207+(4) administer the surety bond program for licensure as a fish 28
208+processor or primary fish buyer; 29
209+(5) provide reasonable assistance to the Alaska Industrial Development 30
210+and Export Authority under AS 44.88.850(c); 31 34-LS0528\A
211+HB0091a -7- HB 91
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213-processor or primary fish buyer; 1
214-(5) provide reasonable assistance to the Alaska Industrial Development 2
215-and Export Authority under AS 44.88.850(c); 3
216-(6) establish at least one facility in each judicial district to collect 4
217-monthly statements and payments from retail marijuana stores under 5
218-AS 43.61.020. 6
219- * Sec. 17. AS 43.61.010(b) is repealed. 7
220- * Sec. 18. AS 43.61.010(a) is repealed January 1, 2026. 8
221- * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 9
222-read: 10
223-APPLICABILITY. AS 43.61.010(a), as amended by sec. 11 of this Act, applies to 11
224-taxes accrued on or after the effective date of sec. 11 of this Act. 12
225- * Sec. 20. Sections 13 - 16 of this Act take effect January 1, 2026. 13
226- * Sec. 21. Except as provided in sec. 20 of this Act, this Act takes effect July 1, 2025. 14
214+(6) establish at least one facility in each judicial district to collect 1
215+monthly statements and payments from retail marijuana stores under 2
216+AS 43.61.020. 3
217+ * Sec. 17. AS 43.61.010(b) is repealed. 4
218+ * Sec. 18. AS 43.61.010(a) is repealed January 1, 2026. 5
219+ * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 6
220+read: 7
221+APPLICABILITY. AS 43.61.010(a), as amended by sec. 11 of this Act, applies to 8
222+taxes accrued on or after the effective date of sec. 11 of this Act. 9
223+ * Sec. 20. Sections 13 - 16 of this Act take effect January 1, 2026. 10
224+ * Sec. 21. Except as provided in sec. 20 of this Act, this Act takes effect July 1, 2025. 11