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Home » US Law » 2022 Alaska Statutes » Title 17. Food and Drugs » Chapter 38. The Regulation of Marijuana

Sec. 17.38.010. Purpose and findings.

(a) In the interest of allowing law enforcement to focus on violent and property crimes, and to enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana should be legal for persons 21 years of age or older. (b) In the interest of the health and public […]

Sec. 17.38.020. Personal use of marijuana.

Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and are not criminal or civil offenses under state law or the law of any political subdivision of the state or a basis for seizure or forfeiture of assets […]

Sec. 17.38.030. Restrictions on personal cultivation, penalty.

(a) The personal cultivation of marijuana described in AS 17.38.020(2) is subject to the following terms: (1) marijuana plants shall be cultivated in a location where the plants are not subject to public view without the use of binoculars, aircraft, or other optical aids; (2) a person who cultivates marijuana must take reasonable precautions to […]

Sec. 17.38.050. False identification, penalty.

(a) A person who is under 21 years of age may not present or offer to a marijuana establishment or the marijuana establishment’s agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the person’s own, for the purpose of (1) purchasing, attempting to purchase, or otherwise procuring […]

Sec. 17.38.060. Marijuana accessories authorized.

Notwithstanding any other provision of law, it is lawful and is not an offense under state law or the law of any political subdivision of the state or a basis for seizure or forfeiture of assets under state law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or […]

Sec. 17.38.070. Lawful operation of marijuana-related facilities.

(a) Notwithstanding any other provision of law, the following acts, when performed by a retail marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in the person’s capacity as an owner, employee, or agent of a retail marijuana store, are lawful and are not an […]

Sec. 17.38.080. Marijuana Control Board; appointment and qualifications.

(a) The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only. (b) The board members shall be appointed by the governor and confirmed by a majority of the […]

Sec. 17.38.091. Terms of office; chair.

(a) Members of the board serve staggered three-year terms. (b) Except as provided in AS 39.05.080(4), a member of the board serves until a successor is appointed. (c) A vacancy occurring in the membership of the board shall be filled within 30 days by appointment of the governor for the unexpired portion of the vacated […]

Sec. 17.38.101. Per diem and expenses.

Members of the board do not receive a salary but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180.

Sec. 17.38.111. Meetings.

(a) The board shall meet at the call of the chair. The board shall also meet at least once each year in each judicial district of the state to study this chapter and existing board regulations in light of statewide and local issues. Unless impracticable, the board shall hold its regular meetings at the same […]

Sec. 17.38.121. Powers and duties of the board.

(a) The board shall control the cultivation, manufacture, and sale of marijuana in the state. The board is vested with the powers and duties necessary to enforce this chapter. (b) The board shall (1) propose and adopt regulations; (2) establish by regulation the qualifications for licensure including fees and factors related to the applicant’s experience, […]

Sec. 17.38.131. Enforcement powers.

The director and the persons employed for the administration and enforcement of this chapter may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the […]

Sec. 17.38.140. Appointment and removal of director; staff.

(a) The director of the Alcoholic Beverage Control Board appointed under AS 04.06.070 shall serve as the director of the board. The board may remove the director by a majority vote of the full membership of the board and a majority vote of the full membership of the Alcoholic Beverage Control Board. The governor may […]

Sec. 17.38.150. Duties of director.

The director shall enforce this chapter and regulations adopted by the board. The director shall issue, renew, transfer, suspend, or revoke all licenses and permits and issue product approvals at the direction of the board. The board may delegate to the director the authority to temporarily grant or deny the issuance, renewal, or transfer of […]

Sec. 17.38.190. Rulemaking.

(a) The board shall adopt regulations necessary for implementation of this chapter. Regulations under this subsection may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. The regulations must include (1) procedures for the issuance, renewal, suspension, and revocation of a registration to operate a marijuana […]

Sec. 17.38.200. Marijuana establishment registrations.

(a) Each application or renewal application for a registration to operate a marijuana establishment shall be submitted to the board. A renewal application may be submitted up to 90 days before the expiration of the marijuana establishment’s registration. When filing an application for a new registration under this subsection, the applicant shall submit the applicant’s […]

Sec. 17.38.210. Local control.

(a) A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or by a voter initiative. An established village may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana […]

Sec. 17.38.220. Employers, driving, minors, and control of property.

(a) Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees. (b) Nothing in this chapter is intended to […]