Proposed Regulations, Round 2, Released in Alaska

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The Marijuana Control Board has issued its second round of proposed rules surrounding the implementation of Ballot Measure 2, which was passed by Alaska voters in November 2014, legalizing recreational marijuana and the establishment of a regulated, commercial marijuana marketplace. The public is invited to comment on round two of the proposed regulations by 4:30 p.m., Saturday, Aug. 8.

Tim Hinterberger, Chairman of the Campaign to Regulate Marijuana Like Alcohol in Alaska, released, on behalf of the organization and its supporters, a draft letter of the organization's response to the proposed rules. "As with round one, the proposed rules contained here are, for the most part, well-considered and fair. However, there are several troubling provisions we hope the board will amend or remove before adoption," states Hinterberger in the letter.

The letter highlights several proposed rules that those behind the Campaign to Regulate Marijuana believe "would clearly undermine important protections established under the new law."

Among those rules the organization takes issue with are:

  • A ban on individuals giving or distributing marijuana. This "is a clear violation of Measure 2," reads the letter. "AS 17.38.020 establishes several important personal rights residents 21 years of age or older have with respect to marijuana. These include transferring one ounce or less of marijuana to a person who is 21 years of age or older without remuneration. However, the proposed rule contained in 306.300 would prohibit a person from distributing or giving marijuana to a consumer without having a license. This provision clearly violates one of the fundamental rights granted under Measure 2, and the provision should be amended to limit the restriction to commercial sales only."
  • Some proposed rules require businesses to comply with federal laws or regulations.  "Under federal law, the possession, cultivation, or distribution of marijuana is unlawful. Accordingly, federal regulations may not apply to businesses engaged in marijuana-related activity as they do in other types of businesses. The proposed rules which invoke compliance with federal laws or regulations should either be amended to remove references to federal requirements or changed to better reflect this tension between state and federal law."Compliance with federal law is noted as required regarding solid or liquid waste disposal (which could contain marijuana, i.e., a controlled substance). "Federal regulatory authorities may take the position that there is no lawful means to dispose of such waste."Another major point of contention is that the regulations specify that the Marijuana Control Board will deny a renewal application if the business is delinquent in federal taxes. "It is reasonable for businesses to be required to be current with both state and local tax requirements; however, the board should modify this provision as it applies to federal tax liability so as not to unfairly punish businesses with disputes with federal authorities," states the letter.

Read the full "Draft Comments on Marijuana Control Board's Proposed Rules" here.

In an email to the Campaign to Regulate Marijuana's constituents, Hinterberger encourages people to submit their own letter to the Control Board, using the Campaign's letter as a guide. You can click here to send comments to board members.


Feature photo: © Oberstark | Dreamstime.com - Alaska Coastline At Juneau

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