{"id":1590,"date":"2015-11-04T06:52:45","date_gmt":"2015-11-04T06:52:45","guid":{"rendered":"http:\/\/alaskahemp.com\/420\/?page_id=1590"},"modified":"2015-11-27T16:12:50","modified_gmt":"2015-11-27T16:12:50","slug":"regulation-of-marijuana-industry","status":"publish","type":"page","link":"http:\/\/alaskahemp.com\/420\/sample-page-2\/regulation-of-marijuana-industry\/","title":{"rendered":"Regulation of Marijuana Industry"},"content":{"rendered":"
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Register , 2016 COMMERCE, COMMUNITY, AND EC. DEV. <\/span><\/span><\/strong><\/p>\n

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3 AAC is amended by adding a new chapter to read:<\/div>\n
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Chapter 306. Regulation of Marijuana Industry. <\/span><\/span><\/strong><\/div>\n
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Article beginning page <\/span><\/span><\/div>\n
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1. Licensing, Fees (<\/span>3 AAC 306.005 – 3AAC 306.100) 1<\/div>\n
2. Local Options <\/span>(3 AAC 306.200 – 3AAC 306.260) 28<\/div>\n
3. Retail Marijuana Stores (<\/span><\/span>3 AAC 306.300 – 3AAC 306.360) 34<\/div>\n
4. Marijuana Cultivation Facilities (3 AAC 306.400 – 3AAC 306.480) 44 <\/span><\/span><\/div>\n
5. Marijuana Product Manufacturing Facilities (3 AAC 306.500 – 3AAC 306.570) 63<\/div>\n
6. Marijuana Testing Facilities (3 AAC 306.600 – 3AAC 306.675) 80 <\/span><\/div>\n
7. Operating Requirements for All Marijuana Establishments (3 AAC 306.700 – 3AAC 306.755) <\/span><\/span>97<\/div>\n
8. Enforcement, Civil Penalties (3 AAC 306.800 – 3AAC 306.850) 112 <\/span><\/span><\/div>\n
9. General Provisions (3 AAC 306.900 – 3AAC 306.990) 122<\/div>\n
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Article 1. Licensing, F<\/span>ees. <\/span><\/div>\n
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Section<\/div>\n
05. License required<\/span><\/div>\n
10. License restrictions <\/span><\/span><\/div>\n
15. License<\/span> conditions<\/div>\n
20. Application for new license<\/div>\n
25. Application procedure<\/div>\n
30. Petition for license in area with no local government<\/div>\n
35. Application for renewal of license<\/div>\n<\/div>\n
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40. Ownership change to be reported<\/div>\n
45. Application for transfer of a license to another person<\/div>\n
50. Relocation of licensed premises <\/span>not allowed<\/div>\n
55. Criminal justice information and records <\/span><\/div>\n
60. Protest by local government<\/div>\n
65. Public participation <\/span><\/div>\n
70. Hearing<\/span> on public protest<\/div>\n
75. Procedure fo<\/span>r action on license application<\/div>\n
80. Denial of license application<\/span><\/div>\n
85. Informal conference<\/span><\/div>\n
90. Formal hearing<\/span><\/span><\/div>\n
95. Appeals<\/div>\n
100. Fees<\/span>, refund<\/div>\n
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3 AAC <\/span>306.005. License<\/span> required<\/span><\/span>. A marijuana establishment may not operate in the <\/span><\/span><\/span><\/div>\n
state unless it has obtained the applicable marijuana establishment license from the board. The <\/span><\/span>board will <\/span>issue the following marijuana establishment licenses under this chapter: <\/span><\/span><\/span><\/span><\/div>\n
(1) <\/span> a retail marijuana store<\/span><\/span> license<\/span>, granting authority for activities allowed under <\/span><\/span><\/div>\n
AS 17.38.070(a)<\/span>, and subject to the <\/span>provisions of 3 AAC 306.300 – 3 AAC 306.360 and 3 AAC<\/div>\n
306.700 – 3AAC 306.755; <\/span><\/div>\n
(2) <\/span> a marijuana cultivation facility license, as described in 3 AAC 306.405 \u2013 <\/span><\/span><\/div>\n
3 AAC<\/span> 306.415, granting authority for activities allowed under AS 17.38.070(b)<\/span>, and subject to <\/span><\/span>the provisions of 3 AAC 306.400 – 3 AAC 306.480 and 3 AAC 306.700 – 3AAC 306<\/span>.755; <\/span><\/div>\n
(3) a marijuana product manufacturing facility license, as described in 3 AAC <\/span><\/span><\/div>\n<\/div>\n
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306.505 and 3 AAC 306.515, granting authority for activities allowed under AS 17.38.070(c)<\/span>, <\/span><\/span><\/div>\n
and subject to the provisions of 3 AAC 306.500 – 3 AAC <\/span>306.570 and 3 AAC 306.700 \u2013 3 AAC <\/span><\/div>\n
306.755; and<\/span><\/span><\/div>\n
(4) <\/span> a marijuana testing facility license, <\/span>granting authority for activities allowed <\/span><\/span><\/div>\n
under AS 17.38.070(d)<\/span>, and subject to the provisions of 3 AAC 306.600 – 3 AAC 306.675 and 3<\/div>\n
AAC 306.700 – 3AAC 306<\/span>.755. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.010. License restrictions.<\/span> (a)<\/span> The board will not issue a marijuana <\/span><\/span><\/div>\n
establishment license <\/span>if the licensed premises will be located within 500 feet of a <\/span><\/span>school, a <\/span><\/span>recreation or youth center, a building in which religious services are regularly conducted, or a <\/span>correctional facility. The distance specified in this subsection <\/span>must be measured by the shortest <\/span><\/span>pedestrian route from the public entrance of the <\/span>building in which the licensed premises <\/span>would be located to the outer boundaries of the school, recreation or youth center, or the main <\/span><\/span><\/span>public entrance of the building in which religious services are regularly conducted<\/span>, or the correctional <\/span><\/span>facility. This section does not prohibit the renewal of an existing marijuana establishment <\/span><\/span><\/span>license or the transfer of an existing marijuana establishment license to another person <\/span><\/span>if the <\/span><\/span><\/span><\/span>licensed premises w<\/span>ere in use <\/span>before the school, recreation or youth center, the <\/span><\/span>building in which <\/span>religious services are regularly conducted, or the correctional facility began use of a <\/span><\/span>site within <\/span><\/span><\/span>500 feet<\/span>. If an existing<\/span><\/span> marijuana establishment license for premises located <\/span><\/span>within 500 feet of a <\/span><\/span><\/span><\/span>school, a recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility is revoked, or <\/span>expires, the board will not issue another <\/span><\/span><\/div>\n<\/div>\n
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marijuana establishment license for the same premises <\/span><\/span>unless the school, the recreation or youth <\/span>center, <\/span>the building in which religious services are regularly conducted, or <\/span><\/span>the correctional facility no longer occupies the site within 500 feet<\/span>. <\/span><\/span><\/div>\n
(b) The board will not issue a marijuana establishment license when a local government <\/span><\/span><\/span><\/span><\/span>protests an application under 3 AAC 306.060 on the grounds that that the <\/span>applicant\u2019s proposed licensed premises are located in a place within the local government<\/span> where a local zoning <\/span><\/span><\/span>ordinance prohibits the marijuana establishment,<\/span><\/span> unless the <\/span>local government<\/span> has approved a variance from the local ordinance. <\/span><\/span><\/span><\/div>\n
(c) <\/span> The board will not issue a marijuana establishment license to a person that <\/span> <\/span><\/span><\/div>\n
(1)<\/span> is <\/span>prohibited under AS 17.38.100(i) from receiving a marijuana establishment <\/span><\/span><\/div>\n
license because of a conviction of a felony; if the applicant is a partnership, limited liability <\/span><\/span><\/span>company, or corporation, the board will not issue a license if any person named in 3 AAC <\/span>306.020(b)(2) is<\/span><\/span> prohibited under AS 17.38.100(i)<\/span> from obtaining a license; in this paragraph, \u201cconviction of a felony<\/span>\u201d includes a su<\/span>spended imposition of sentence;<\/div>\n
(2) <\/span> has been found guilty of <\/span><\/div>\n
(A) selling alcohol without a license in violation of AS 04.11.010; or<\/div>\n
(B) selling alcohol to a minor in violation of AS 04.16.051 or <\/span><\/div>\n
AS<\/span> 04.16.052; or<\/div>\n
(3) operated a<\/span><\/span> marijuana delivery service, a marijuana club, or a marijuana <\/span><\/span><\/div>\n
establishment illegally without a license issued under this chapter, or otherwise violated <\/span><\/div>\n
AS 17.38, during the two years<\/span> before<\/span> the date the <\/span>person files the application, unless the board <\/span><\/div>\n
finds that person has diligently worked with the board to comply with all current laws and <\/span><\/div>\n
regulations relating to marijuana. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n<\/div>\n
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Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.015. Licens<\/span>e conditions. (a)<\/span> The board will issue each marijuana <\/span><\/span><\/div>\n
establishment license to a specific individual, to a partnership, including a <\/span><\/span>limited partnership, to a limited liability company, to a corporation, or to a local government. A perso<\/span>n other than a <\/span>licensee may not have a direct or indirect financial interest in the business for which a marijuana <\/span><\/span><\/span><\/span>establishment license is issued. <\/span><\/div>\n
(b) The board will not issue a marijuana establishment license to <\/span><\/span><\/div>\n
(1) <\/span> an individual or a sole proprietorship unless the individual or proprietor is<\/span> a <\/span><\/div>\n
resident of the state;<\/div>\n
(2) a partnership unless each partner<\/span> is a<\/span> resident of the state;<\/span><\/div>\n
(3) a limited liability company unless the limited liability company is qualified to <\/span><\/span><\/div>\n
do business in the state, and each<\/span> member<\/span> of the limited liability company is a resident of the <\/span><\/span><\/span>state; or<\/div>\n
(4) <\/span>a corporation unless the corporation is incorporated or qualified to do<\/div>\n
business in the state, and each <\/span>shareholder<\/span> who<\/span> owns the corporation\u2019s shares is a resident of the <\/span>state. <\/span><\/div>\n
(c) <\/span> The board will issue each license for a specific location identified on the license as <\/span><\/span><\/span><\/span>the licensed premises. A <\/span><\/span>marijuana establishment must have a right to possession of <\/span><\/span>its <\/span>licensed premises at all times, and<\/span> <\/span>may not lease its licensed premises to another person for any reason<\/span>. If <\/span><\/span>a marijuana establishment wishes to reduce or expand the area of the licensed premises used for <\/span><\/span><\/span>a marijuana establishment, the marijuana establishment must submit a new line drawing showing <\/span><\/span><\/div>\n<\/div>\n
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the proposed changes to the premises, and must obtain the board\u2019s written approval. A <\/span><\/span><\/div>\n
marijuana establishment may not relocate its licensed premises to a different place. <\/span> A marijuana <\/span><\/span><\/div>\n
establishment that proposes to operate in any new premises<\/span> must apply for a new marijuana <\/span><\/div>\n
establishment license. <\/span><\/div>\n
(d) The board will impose other conditions or restrictions on a license issued under this <\/span><\/span><\/div>\n
chapter when it finds that it is in the interests of the public to do so. <\/span><\/div>\n
(e<\/span>) In this section,<\/div>\n
(1) “direct or indirect financial interest” means <\/span><\/span><\/div>\n
(A) a legal or equitable <\/span><\/span>interest in the operation of a business licensed <\/span><\/div>\n
under this chapter; <\/span><\/span><\/div>\n
(B) <\/span>does not include a person\u2019s <\/span>right to receive<\/div>\n
(i) rental charges on a graduated or percentage lease<\/span>–rent <\/span><\/div>\n
agreement for real estate leased to a licensee; or<\/div>\n
(ii) a consulting fee from a licensee <\/span>for services that are allowed <\/span><\/span><\/span><\/div>\n
under this chapter;<\/div>\n
(2) <\/span> \u201cresident of the state\u201d means a person who meets the residency requirement <\/span><\/div>\n
under AS 43.23 for a<\/span> permanent fund dividend in the calendar year in which that person applies<\/div>\n
for a marijuana establishment license under this chapter. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.020. Application for new license. <\/span> (a) An applicant for a new marijuana <\/span><\/span><\/div>\n
establishment license must <\/span>file an application as provided in 3 AAC 306.025, on a form the <\/span><\/div>\n<\/div>\n
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board prescribes, with the information and documents described in this section, along with the<\/div>\n
application fee and the annual li<\/span>cense fee set out in 3 AAC 306.100, and the fingerprint cards<\/div>\n
and fees required by 3 AAC 306.055(a). The application must be initiated electronically; the <\/span><\/div>\n
completed application and fees <\/span>may be filed electronically, or mailed or delivered to the director<\/div>\n
at the office of the board.<\/div>\n
(b) An application for a new marijuana establishment license must include<\/div>\n
(1) the name of the applicant<\/span> and any business name the applicant will use for the <\/span><\/span><\/div>\n
proposed marijuana establishment, along with the applicant\u2019s state business license number <\/span><\/div>\n
issued under AS 43.70 and the federal employer identification number (EIN<\/span>) for the proposed<\/div>\n
marijuana establishment;<\/div>\n
(2) the name, mailing address, telephone number, and social security number of <\/span><\/span><\/div>\n
each proposed licensee and each affiliate of each proposed licensee<\/span>; unless the context indicates <\/span><\/span><\/div>\n
otherwise, \u201clicensee\u201d means <\/span>each individual named in an application that complies with this <\/span><\/div>\n
section; <\/span>an individual to be identified as a <\/span>\u201clicensee\u201d under this section includes <\/span><\/div>\n
(A) if<\/span><\/span> the applicant is an individual or a sole proprietor, the individual or<\/div>\n
sole proprietor;<\/div>\n
(B) <\/span>if the applicant is a partnership, including a limited partnership, each<\/div>\n
partner holding<\/span> any interest<\/span> in the partnership;<\/div>\n
(C) if the applicant is a limited liability company, the limited liability <\/span><\/div>\n
company\u2019s registered agent, and each member holding an<\/span>y ownership interest; and<\/span><\/div>\n
(D) if the applicant is a corporation, each owner of any of<\/span> the <\/span><\/div>\n
corporation\u2019s stock<\/span><\/div>\n
(E) if the a<\/span>pplicant is a local government, an authorized official<\/span> of the<\/div>\n<\/div>\n
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local government<\/span>.<\/div>\n
(3) <\/span> for each applicant that is not an individual, the applicable document and<\/div>\n
information as follows: <\/span><\/div>\n
(A) for a partnership, including a limited partnership, the partnership<\/div>\n
agreement<\/span>, the name of eac<\/span>h general or managing partner, and a list of all partners with <\/span><\/span><\/span><\/div>\n
percentage of ownership of each partner; <\/span><\/div>\n
(B) for a limited liability company, the limited liability company <\/span><\/div>\n
agreement, and a list of all members with the <\/span>percentage of ownership of each member;<\/span> <\/span><\/span><\/span><\/div>\n
(C) for a corporation, the certificate of incorporation, the name of each<\/div>\n
corporate officer, and a list of all <\/span>shareholders with percentage of ownership of each <\/span><\/span><\/span><\/div>\n
shareholder;<\/div>\n
(D) for a local government, a <\/span><\/span>resolution of the governing body approving <\/span><\/div>\n
the application and designating an official<\/span> responsible for the proposed marijuana establishment.<\/div>\n
(4) <\/span>for each person listed in compliance with paragraph (2) of this subsection, a<\/div>\n
statement of financial interest on a form the board prescribes;<\/div>\n
(5) <\/span> for each applicant that is not an individual, the name of the individual licensee<\/span><\/div>\n
or designated government official listed in the application under paragraph (2) of this subsection<\/div>\n
who is responsible for<\/div>\n
(A) management of the marijuana establ<\/span>ishment; and<\/div>\n
(B) compliance with all applicable laws; <\/span><\/div>\n
(6) an electronic mail address at which the applicant agrees to receive any <\/span><\/div>\n
correspondence from the board before and after it receives a license; an applicant and a licensee<\/div>\n
must ensure that any electronic mail address provided to the board is current so that the board <\/span><\/div>\n<\/div>\n
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can contact the applicant or licensee at any time;<\/div>\n
(7) the type of license the applicant is requesting;<\/span><\/div>\n
(8) the address of the premises where the applicant intends to operate a marijuana <\/span>establishment; and a detailed diagram of the proposed licensed premises; the diagram must show<\/div>\n
all entrances and boundaries of the premises, restricted access areas, and storage areas;<\/span><\/div>\n
(9) the title, lease, or other documentation showing the applicant\u2019s right to <\/span><\/span><\/div>\n
possession of the proposed licensed premises;<\/div>\n
(10) an affidavit showing where and when the applicant posted notice of the<\/div>\n
application; and proof of advertising as required in 3 AAC 306.025(b); and<\/div>\n
(11) additional information required by the board as follows:<\/div>\n
(A) for a retail marijuana store, the information required under 3 AAC <\/span><\/span><\/span><\/div>\n
306.315;<\/div>\n
(B) for a marijuana cultivation facility, the information required under <\/span><\/span><\/span><\/span><\/div>\n
3 AAC <\/span>306.420;<\/div>\n
(C) for a marijuana product manufacturing facility, the information <\/span><\/span><\/div>\n
required under 3 AAC 306.520; and<\/span><\/div>\n
(D) for a marijuana testing facility, the information required under 3 AAC <\/span><\/span><\/span><\/span><\/div>\n
306.615.<\/div>\n
(c) A marijuana establishment license application must include the applicant\u2019s operating <\/span><\/span><\/span><\/span>plan, in a format the board prescribes, describing, to the board\u2019s satisfaction, the proposed<\/div>\n
marijuana establishment\u2019s plans for<\/div>\n
(1) security;<\/span><\/div>\n
(2) <\/span>inventory tracking of all marijuana and marijuana product on the premises;<\/div>\n<\/div>\n
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(3) employee qualification<\/span><\/span> and training;<\/div>\n
(4) waste disposal;<\/div>\n
(5) transportation and delivery of marijuana and marijuana products; and<\/div>\n
(6) signage and advertising.<\/div>\n
(d) An application for a marijuana establishment license must be signed by<\/div>\n
(1) the<\/span> applicant, if the applicant is an individual;<\/div>\n
(2) an authorized general partner if the applicant is a partnership, including a<\/div>\n
limited partnership;<\/div>\n
(3) the registered agent or a member who owns at least 10 percent of the limited<\/div>\n
liability company ifthe applicant is a limited liability company;<\/div>\n
(4) the authorized officers of the corporation if the applicant is a corporation; or<\/div>\n
(5) a designated official <\/span><\/span>if the applicant is a local government.<\/div>\n
(e) Each person signing an application for a marijuana establishment license must <\/span><\/div>\n
declare under penalty of unsworn falsification that <\/span> <\/span><\/div>\n
(1) the application is true, correct, and complete;<\/span><\/span><\/div>\n
(2) the applicant has read and is familiar with AS 17.38 and this<\/span> chapter<\/span>; and<\/div>\n
(3) the applicant will provide all information the board requires in support of the<\/div>\n
application.(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
Editor\u2019s note: <\/span>Forms and instructions for filing an applic<\/span><\/span>ation for a marijuana <\/span><\/span><\/span><\/span><\/span><\/div>\n
establishment license can be obtained online at the Marijuana Control Board\u2019s website or at the <\/span><\/div>\n
board\u2019s office. The board\u2019s Internet address is<\/span> www commerce.alaska.gov\/web\/abc\/<\/span><\/div>\n
and its office is at 550 West 7th Ave. Suite 1600, Anchorage, AK 99501. The<\/span> board\u2019s telephone <\/span><\/div>\n<\/div>\n
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number is (907)269-0350.<\/div>\n
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3 AAC 306.025. Application procedure. <\/span><\/span>(a) An applicant shall initiate a new <\/span><\/span><\/div>\n
marijuana establishment license application on a form the board prescribes, using the board\u2019s <\/span><\/div>\n
electronic system.<\/div>\n
(b) As soon as practical after initiating a new marijuana license application, the applicant <\/span><\/span><\/span><\/div>\n
shall give notice of the application to the public by <\/span> <\/span><\/div>\n
(1) posting a copy of the application, on the form the board prescribes<\/span>, for 10 <\/span><\/div>\n
days at <\/span><\/div>\n
(A) the location of the proposed licensed premises; and<\/div>\n
(B) one other conspicuous location in the area of the proposed premises;<\/div>\n
and<\/div>\n
(2) publishing an announcement once a week for three consecutive weeks in a newspaper of general circulation in the area<\/span>; in an area where no newspaper circulates, by <\/span><\/span>announcements on a radio station serving the local area where the proposed licensee seeks to operate twice a week for three successive weeks during triple A advertising time; <\/span>the newspaper or radio notice must state<\/div>\n
(A) the name of the applicant;<\/span><\/div>\n
(B) the name and location of the proposed premises;<\/div>\n
(C) the type of license applied for along with a citation to a provision of <\/span><\/div>\n
this chapter authorizing that type of lice<\/span>nse; and <\/span><\/div>\n
(D) a statement that any comment or objection may be submitted to the <\/span><\/span><\/span><\/div>\n
board; and<\/span><\/div>\n
(3) submitting a copy of the application on the form the board prescribes <\/span>to <\/span><\/div>\n<\/div>\n
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(A) the local government; and<\/span><\/div>\n
(B) any<\/span><\/span> community council in the area of the proposed licensed premises. <\/span><\/span><\/div>\n
(c) After the applicant completes the notice requirements in (b) of this<\/span><\/span><\/span> section and <\/span>submits each<\/span><\/span> remaining application requirement listed in 3 AAC 306.020, the applicant shall pay <\/span><\/span>the application and licensing fees set <\/span>out in 3 AAC 306.100. The applicant must <\/span>then use the board\u2019s electronic system to inform the board that <\/span><\/span>the applicant has submitted a complete <\/span><\/span>application.<\/div>\n
(d) <\/span>When the director receives an application for a marijuana establishment <\/span>license, the <\/span><\/span>director shall determine if the application is complete. Any application for a marijuana <\/span><\/span><\/span><\/span>establishment license that the director receives without the application fee is incomplete. If the <\/span><\/span><\/span>director determines the application is complete, the director shall immediately <\/span>give written notice <\/span>to<\/div>\n
(1) <\/span> the applicant;<\/div>\n
(2) <\/span> the local government<\/span> in the area in which the applicant\u2019s proposed licensed premises are located; <\/span><\/div>\n
(3) the community council if the proposed licensed premises are located within the boundary of a community council established by municipal charter or ordinance; and<\/div>\n
(4) any nonprofit community organization that has requested notification in writing.<\/div>\n
(e) If <\/span>an application for a marijuana establishment license <\/span>is incomplete, the director <\/span>shall notify the applicant, and will either <\/span><\/div>\n
(1) return an incomplete application in its entirety; or <\/span><\/span><\/span><\/span><\/div>\n
(2) <\/span>request the applicant to provide additional, identified items needed to <\/span><\/span><\/span><\/div>\n<\/div>\n
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complete the application.<\/div>\n
(f) When the director informs an applicant that its application is incomplete as provided <\/span><\/span><\/span><\/span>in (e) of this section, the applicant <\/span>must complete the application not later than 90 days after the <\/span><\/span><\/span>date of the director\u2019s notice. If an<\/span> applicant fails to complete its applicati<\/span>on during the 90 day <\/span><\/span><\/span>period after the director\u2019s<\/span><\/span> notice, the applicant shall fil<\/span><\/span>e a new application and pay a new <\/span><\/span>application fee to obtain a marijuana establishment license. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS<\/span> 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.030. Petition for license in area with no local government. (a) <\/span>The board will not approve a new license in an area outside, but within 50 miles of, the boundary of a local <\/span>government unless the board receives a petition to issue the license signed by a majority of the permanent residents residing within one mile of the proposed premises.<\/div>\n
(b) <\/span> The board will not approve a new license in an area that is 50 miles or more f<\/span>rom the boundary of a local government unless the board receives a petition to issue the license containing the signatures of two-thirds of the permanent residents residing within a radius of five miles of the United States post office station nearest to the proposed licensed premises. If there <\/span>is no United States post office station within a radius of five miles of the proposed licensed premises, the petition must be signed by two-thirds of the permanent residents residing within a <\/span>five mile radius of the proposed licensed premises. <\/span><\/div>\n
(c) A petition authorized by <\/span>this section must be on a form the board prescribes<\/span>. The <\/span><\/span>applicant must obtain the required signatures within the 90 day period immediately before <\/span>submitting the petition to the board. A signature may not be added to or removed from the <\/span><\/span>petition after the board has approved the application. <\/span><\/div>\n<\/div>\n<\/div>\n
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(d) In this section, “permanent resident” means a person 21 years of age or older who has established a permanent place of abode. A person may be a permanent resident of only one <\/span><\/div>\n
place.\u00a0<\/span><\/div>\n
<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
<\/div>\n
3 AAC 306.035. Application for renewal of license<\/span>. (a) <\/span> On or before May 1 of each <\/span><\/span><\/span>year, the director shall send notice <\/span>that a <\/span>marijuana establishment must file a renewal application not later than June 30 of the current year<\/span>. The director shall send the notice to the marijuana <\/span>establishment\u2019s electronic mailing address on file with the board. The <\/span>notice <\/span>will include a <\/span><\/span>hyperlink for the marijuana establishment to access the electronic renewal application by means <\/span><\/span>of the internet, along with instructions on using and submitting the form. The marijuana <\/span>establishment must submit <\/span>the completed renewal application electronically, along with the <\/span>license renewal fee, to <\/span>the director no later than June 30 of each year; if <\/span>June 30 <\/span>falls on a Saturday or Sunday, the deadline is extended to 4:30 p.m. on the first business day following June 30. A marijuana establishment must maintain a current electronic <\/span><\/span>mailing address on file <\/span><\/span>with the director. A <\/span><\/span>marijuana establishment is not excused from filing a renewal application as <\/span><\/span>required in this section even if the marijuana establishment fails to receive a renewal notice from <\/span><\/span><\/span>the director. <\/span><\/div>\n
(b) A marijuana establishment\u2019s renewal application must <\/span><\/span><\/span><\/span><\/span><\/div>\n
(1)<\/span> identify<\/span> the license sought to be renewed by license number, license type,<\/div>\n
establishment name, and premises address;<\/span><\/div>\n<\/div>\n

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(2) <\/span>provide the information required for a new license <\/span>application under 3 AAC <\/span><\/div>\n
306.020(b)(1)<\/span>–(9);<\/span><\/div>\n
(3) <\/span> report<\/span> any<\/span> change<\/span> from the marijuana establishment\u2019s new license application <\/span>or last renewal application, and pay the fee as provided in 3 AAC 306.100 for board review of <\/span><\/span>any change in <\/span><\/div>\n
(A) the name of the marijuana establishment business; <\/span><\/span><\/span><\/div>\n
(B) the licensed premises from the last diagram submitted; and<\/span> <\/span><\/span><\/span><\/div>\n
(C) the marijuana establishment\u2019s operating plan; <\/span><\/span><\/span><\/span><\/div>\n
(D) any new product a licensed marijuana product manufacturing facility <\/span><\/span>wishes to produce;<\/div>\n
(4) report, for each licensee<\/span><\/span> listed in 3 AAC 306.020(b)(2)<\/span>,<\/div>\n
(A) any criminal charge on which that licensee<\/span> has been convicted in the previous two calendar years;and<\/div>\n
(B) any civil violation of AS 04, AS 17.38, or this chapter in the previous <\/span><\/span>two calendar years; and<\/div>\n
(5) declare under penalty of unsworn falsification<\/span><\/span> that <\/span><\/div>\n
(A<\/span> the application is true, correct and complete;<\/div>\n
(B) the applicant has read and is famili<\/span>ar with AS 17.38 and this chapter;<\/span><\/div>\n
and<\/div>\n
(C) the applicant will provide all information the board requires in support of the renewal application.<\/div>\n
(c)<\/span> If the director determines that the renewal application is complete, the director shall <\/span><\/span>immediately give written notice of a renewal application to <\/span><\/span><\/div>\n<\/div>\n<\/div>\n
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(1) the applicant;<\/div>\n
(2) the local government in the area in which the applicant\u2019s proposed licensed<\/div>\n
premises arelocated;<\/div>\n
(3) the community council if the proposed licensed premises are located within<\/div>\n
the boundary of a community council established by municipal charter or ordinance; and<\/div>\n
(4) any nonprofit community organization that has requested notification in<\/div>\n
writing.<\/div>\n
(d) <\/span>The director may require an applicant for renewal of a license under this chapter to <\/span>submit fingerprints and pay fees as required by 3 AAC 306.055(a<\/span>).<\/div>\n
(e) A licensee that does not<\/span><\/span> deliver a renewal application<\/span> to the director on or before<\/div>\n
June 30 of each year<\/span> is delinquent, and must pay a<\/span> non-refundable $1,000 late renewal <\/span><\/span><\/div>\n
application fee<\/span> <\/span>with the renewal application. <\/span><\/div>\n
(f) On or before August <\/span><\/span>15 of each year<\/span>, the director shall deliver<\/span> a notice of expiration <\/span>to each marijuana establishment that has not filed a complete<\/span> application for renewal of<\/span> a license, <\/span><\/span>along with any applicable affidavit and the required <\/span>fee, unless the marijuana establishment has\u00a0 <\/span><\/span><\/span><\/span>notified the director that it does not intend to seek a renewal<\/span> of its license<\/span>. The director shall <\/span><\/span>deliver the notice of expiration to the <\/span>electronic mail address the marijuana establishment has <\/span><\/span><\/span>provided to the director<\/span>. A marijuana establishment<\/span> is not excused from filing a license renewal <\/span><\/span><\/span>application not later than <\/span>August 31 of each year even it the marijuana establishment does not <\/span><\/span>receive the notice of expiration described in this section. <\/span><\/span><\/span><\/div>\n
(g) <\/span> If a marijuana establishment<\/span><\/span> fails to deliver a complete license renewal application, <\/span>or fails to pay the required renewal fee and the late renewal application<\/span> fee <\/span>on or before August <\/span><\/span>31 of each year, that marijuana establishment license expires at 12:00 midnight on August 31 of <\/span><\/span><\/span><\/div>\n<\/div>\n
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that year. A holder of an expired license shall immediately return the license to the board. Any <\/span><\/div>\n
holder of an expired license that seeks authority<\/span> to operate must file a complete new application <\/span><\/div>\n
under 3 AAC 306.020, and 3 AAC 306.025, along with the required fee<\/span>s. The board will not<\/div>\n
issue a new license for the same premises to the holder of an expired license unless the expired <\/span><\/div>\n
license holder\u2019s new application contains proof satisfactory to the board of good cause for the <\/span><\/div>\n
failure to file a license renewal application. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.040. Ownership change to be reported<\/span>. (a) A licensed marijuana <\/span><\/span><\/div>\n
establishment shall, not later than 10 days after an ownership change as described in this section, <\/span><\/span><\/div>\n
report the change on a form prescribed by the board. In <\/span>this section, an ownership change means<\/div>\n
(1) if<\/span><\/span> the licensee is a partnership, including a limited partnership,<\/div>\n
any change in the identity of the partners, or in the ownership percentages held by any partners; <\/span><\/div>\n
(2) if<\/span><\/span> the licensee is a limited liability company, any change in the identity of the <\/span><\/span><\/div>\n
members, or in the ownership percentage held by any member<\/span>; or<\/div>\n
(3) if<\/span><\/span> the licensee is a corporation, any sale of corporate stock to a person not <\/span><\/div>\n
currently an owner, or any change of the percentage ownership of an <\/span>existing shareholder. <\/span><\/span><\/div>\n
(b) If<\/span><\/span> any change required to be reported under this section will result in a change in<\/div>\n
controlling interest of the marijuana establishment license, the <\/span>marijuana establishment must file<\/div>\n
an application for transfer of license to another person under 3 AAC 306.045. (Eff. ___\/___<\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.045. Application for transfer of a license<\/span><\/span> to another person. (a) A <\/span><\/span><\/div>\n
person may not receive or transfer a marijuana establishment license or a controlling interest in a <\/span><\/span>marijuana establishment license issued to a partnership, including a limited partnership, a limited <\/span>liability company, a corporation<\/span> or a local government<\/span><\/span>, without applying for and receiving the <\/span><\/span>written consent of the board. Transfer of a license includes <\/span>a sale of all or part of the interest of <\/span>an individual owner.<\/div>\n
(b) An application for transfer of a marijuana establishment license, or of a controlling <\/span><\/span><\/span><\/span>interest in a <\/span>marijuana establishment license issued to a <\/span>partnership, a limited liability company, <\/span><\/span><\/span><\/span>a corporation or a local government, must be filed in writing on a form the board prescribes, in <\/span><\/span>compliance with the application procedure set out in 3 AAC 306.025. The application must name the current holder of the marijuana establishment license and the proposed transferee, <\/span><\/span>including all persons listed in 3 AAC 306.020 if the transferee is a partnership, limited liability <\/span>company, a corporation, or a local government. The application must contain the following <\/span>information:<\/div>\n
(1) the same information about each transferee as is required of an applicant for a <\/span><\/div>\n
new license under 3 AAC 306.020; <\/span><\/div>\n
(2) a statement, under oath, executed by the current holder of the marijuana<\/div>\n
establishment license, listing all debts of the business, all taxes the business owes, current <\/span><\/div>\n
contact information for each <\/span>creditor, and an affirmation that the current holder of the marijuana <\/span><\/span><\/span><\/span><\/span><\/div>\n
establishment license has submitted a copy of the transfer application to all creditors; and <\/span><\/div>\n
(3) any other information required by the board for the type of marijuana<\/div>\n<\/div>\n
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establishment license sought to be transferred. <\/span><\/div>\n
(c) When<\/span><\/span> the board receives a complete application for transfer of a license to another <\/span>person, the director shall immediately send <\/span>written notice of the proposed transfer to <\/span><\/span><\/div>\n
(1) each li<\/span><\/span>sted creditor of the current holder of the marijuana establishment <\/span><\/span><\/div>\n
license, along with the amount shown as owed to that creditor; <\/span><\/span><\/span><\/div>\n
(2) the local government in the area in which the licensed premises are<\/span> located;<\/span><\/div>\n
(3) the community council if the licensed premises are located within the <\/span><\/div>\n
boundary of a community council established by municipal charter or ordinance; and<\/div>\n
(4) any nonprofit community organization that has requested notification in<\/div>\n
writing.<\/div>\n
(d) A current<\/span> holder of a marijuana establishment license must submit a license renewal <\/span><\/span>application before or at the same time as an<\/span> application for a transfer of a marijuana <\/span><\/span>establishment license that is submitted after April 30 and before July 1. (Eff. ___\/___ \/____, <\/span><\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.050. Relocation of licensed premises <\/span>not allowed. <\/span> A marijuana <\/span><\/div>\n
establishment license may not be relocated to any other premises. A <\/span>holder of a marijuana <\/span><\/span>establishment license that wishes to operate a marijuana establishment at a different location <\/span><\/span>must submit a new application for any new premises, and must surrender an existing license for <\/span><\/span><\/span>any premises where the marijuana establishment does not intend to continue its operation. (Eff. <\/span><\/span><\/span><\/span><\/span><\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n<\/div>\n
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Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.055. Criminal justice information and records.<\/span> (a) When filing an <\/span><\/div>\n
application for a new marijuana establishment license or transfer of a license, the applicant, including each<\/span> individual listed in 3 AAC 306.020(b)(2)<\/span>, must submit the person\u2019s fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check.<\/div>\n
(b) The director<\/span><\/span> shall submit the fingerprints to the Department of Public Safety to <\/span><\/div>\n
obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400. The board will use the information obtained under this section to determine if an applicant is qualified for a marijuana establishment license. <\/span> <\/span><\/span><\/div>\n
(c) In this section, “criminal justice information” has the meaning given in AS 12.62.900. <\/span><\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.060. Protest<\/span> by local government.<\/span> (a) <\/span>Not later than 60 days after the<\/div>\n
director sends notice of an application for <\/span>a new marijuana establishment license, renewal of a <\/span><\/span>marijuana establishment license, or transfer of a <\/span>marijuana establishment license to another <\/span>person, a local government may protest the application by sending the director and the applicant a written protest and the reasons for the protest. The director<\/span> may not accept a protest received <\/span><\/span><\/span><\/span><\/div>\n
after the 60-day period. If a <\/span>local government<\/span> <\/span>protests an application for a new or renewal <\/span><\/div>\n<\/div>\n
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license or for a transfer of a license to another person, the board will deny the application unless <\/span><\/div>\n
the board finds that the protest is arbitrary, capricious, and<\/span> unreasonable.<\/span><\/div>\n
(b) A local government<\/span><\/span> may recommend that the board approve an application for a new <\/span><\/span><\/span>license, renewal of a license, or transfer of a license to another person subject to a condition. <\/span><\/span><\/div>\n
The board will impose a condition a local government recommends <\/span>unless the board finds the <\/span>recommended condition is<\/span> arbitrary, <\/span><\/span>capricious, and unreasonable. If the board imposes a<\/span> condition a local government recommends, the local government<\/span><\/span> shall<\/span> assume responsibility for monitoring compliance with the condition unless the board provides otherwise.<\/div>\n
(c) <\/span> If a local <\/span><\/span>government determines that a marijuana establishment has violated a <\/span><\/span><\/span><\/span><\/div>\n
provision of AS 17.38, this chapter, or a condition the board has imposed on the licensee, the local government may notify the board. <\/span>Unless the director finds that the local government‘s <\/span><\/span><\/span>notice is arbitrary, capricious, and unreasonable, the director<\/span> will prepare the determination as an <\/span>accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the matter as provided under 3 AAC 306.820. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306<\/span>.065. Public p<\/span>articipation. A person may object to an application for a new <\/span><\/div>\n
license, renewal of a license, or transfer of a license to another person by submitting<\/span> a written <\/span><\/span><\/span><\/div>\n
statement of reasons for the objection to the board and the applicant not later than 30 days after <\/span><\/span><\/span><\/div>\n
notice of the application, but no later than the deadline for objections stated in a posted or<\/div>\n
published notice of the <\/span>application. The objection must be sent to<\/span> the applicant at the mailing <\/span><\/span><\/div>\n
address or electronic mail address provided in the notice of application. If the board determines <\/span><\/span><\/span><\/span><\/div>\n<\/div>\n
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to conduct a public hearing under this section, an interested person<\/span> may give oral testimony at <\/span>the public hearing. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.070. Hearing<\/span> on public protest. The board may, on its own initiative or in <\/span><\/span><\/span><\/span><\/div>\n
response to an objection or protest, hold a hearing to ascertain the reaction of the public or a<\/div>\n
local government to an application. The <\/span>director wi<\/span>ll send notice of a hearing not l<\/span>ater than 20 <\/span><\/div>\n
days before the hearing date to each person that has filed an objection, to each local government<\/span> <\/span><\/span><\/div>\n
that has filed a protest, to each <\/span>community council in the area of<\/span> the proposed premises, and to <\/span><\/div>\n
any nonprofit community organization that has requested notice<\/span>. Any intere<\/span><\/span>sted person may be <\/span><\/div>\n
heard at a hearing <\/span>under this subsection. Unless the applicant and th<\/span>e board waive this<\/div>\n
requirement, the board will hold the hearing in the area where the <\/span>proposed licensed premises are <\/span><\/div>\n
located, or will arrange for <\/span>telephonic appearances. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.075. Procedure for action on license application<\/span>. (<\/span>a) <\/span> The board will <\/span><\/div>\n
decide whether to grant or deny an application not later than 90 days after receiving<\/span> <\/span>the complete <\/span><\/div>\n
application. However, the <\/span>board will not grant or deny the application before <\/span> <\/span><\/span><\/div>\n
(1) the time allowed for a protest under 3 AAC 306.060, unless the local <\/span><\/span><\/span><\/span><\/div>\n
government waives its right to protest; or <\/span> <\/span><\/span><\/div>\n
(2) the time allowed for an objection under 3 AAC 306.065 has elapsed<\/span>. <\/span><\/span><\/span><\/div>\n<\/div>\n
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(b) Not later than 7 days before the date set for board action on an application for a new <\/span><\/span><\/span><\/span><\/span><\/div>\n
license, renewal of a license, or <\/span>transfer of a license to another person, the <\/span>director will post a<\/span><\/span> meeting agenda listing the matters scheduled for action at that meeting. The board<\/span> may review <\/span><\/span>an applic<\/span>ation for a new license, renewal of a license, or transfer of a license to another person,<\/span><\/span> without additional notice to the applicant<\/span>.<\/div>\n
(c) <\/span>The board will consider any written objection, protest, suggested condition, or <\/span><\/div>\n
petition, and any testimony received at a hearing <\/span>on public protest held under 3 AAC 306.070 when it considers the application. The director will retain the <\/span>written objection, protest, or <\/span><\/span>suggested condition or petition, and the hearing record as part of the perma<\/span>nent record of the<\/span> board\u2019s review of an application. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.080. Denial of license<\/span> application. (a)<\/span> After review of the<\/span> application<\/span>, <\/span><\/span><\/div>\n
including the applicant\u2019s proposed operating plan and all relevant information, the board will deny an application for a new license if the board finds that <\/span><\/div>\n
(1) the application is not complete as required under the applicable provisions of <\/span><\/div>\n
3 AAC 306.020 – 3 AAC 306.055, or contains any false statement of material fact; or <\/span><\/div>\n
(2) the license would violate any restriction in 3 AAC 306.010; or<\/div>\n
(3) the license would violate any restriction applicable to the particular license <\/span><\/div>\n
type authorized under this chapter; <\/span><\/div>\n
(4) the license is prohibited under this chapter as a result of an ordinance or<\/div>\n
election conducted under AS 17.38.110, 3 AAC 306.200, or 3 AAC 306.230; <\/span><\/div>\n<\/div>\n
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(5) <\/span>the board finds that the operating plan does not adequately demonstrate that <\/span><\/div>\n
the applicant will comply with applicable provisions of this chapter; or <\/span><\/span><\/div>\n
(6) <\/span>the license would not be in the interest of the public.<\/div>\n
(b) After<\/span> review of the application and all relevant information, the board will deny an <\/span><\/span><\/span>application for renewal of a marijuana establishment license <\/span>if the board finds<\/div>\n
(1) any cause listed in (a) of this section;<\/div>\n
(2) that the license has been revoked for any cause; <\/span><\/div>\n
(3) that the license has been operated in violat<\/span>ion of a condition or restriction the<\/div>\n
board previously imposed; or<\/div>\n
(4) that the applicant is delinquent in the payment of taxes due in whole or in part<\/div>\n
from operation of the licensed business.<\/div>\n
(c) <\/span> After review of the application and all relevant information, the board will deny an <\/span><\/span><\/div>\n
application for transfer of license to another perso<\/span>n if the board finds<\/div>\n
(1) any cause listed in (a) of this section;<\/div>\n
(2) that the transferor has not paid all debts or taxes arising from the operation of<\/div>\n
the business licensed under this chapter unless the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority;<\/div>\n
(3) that transfer of the license to another person would result in violation of the<\/div>\n
provisions of this chapter relating to identity of licensees and financing of licensees; or <\/span><\/div>\n
(4) that the prospective transferee does not have the qualifications of an original<\/div>\n
applicant required under this chapter.<\/div>\n
(d) If <\/span>the board denies an application for a new license, renewal<\/span> of a license<\/span>, or transfer of a license to another person, the board will, not later than 15 days after the <\/span>board meeting at<\/div>\n<\/div>\n
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which the application was denied, furnish a written statement of issues to the applicant, <\/span><\/span><\/span>explaining <\/span>the reason for the denial in clear and concise language, and identifying any statute or <\/span><\/span><\/span>regulation on which the denial is based. Th<\/span>e notice of denial will<\/span> inform the applicant of the <\/span><\/span>right to an informal conference <\/span>under 3 AAC 306.085, and to a formal hearing under 3 AAC <\/span><\/span><\/div>\n
306.090. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.085. Informal conference<\/span>. <\/span>(a)<\/span> An applicant for a new license, renewal of a <\/span><\/div>\n
license, or transfe<\/span>r of a license to another person that is aggrieved by an action of the board <\/span>denying the application may, no later than 15 days after the date of the written <\/span>notice of denial, <\/span>request an informal conference with the director or the board. An informal conference requested <\/span>under this section must <\/span>be held at a time and place convenient to the applicant and the board, but not later than the next scheduled meeting of the board. An informal conference may be conducted telephonically.<\/span><\/div>\n
(b) If the informal conference <\/span><\/span>does not resolve the matter to the applicant\u2019s satisfaction, <\/span>the applicant may, within 15 days after the last day of the informal conference, request<\/span> a formal <\/span><\/span>hearing under 3 AAC 306.090 by filing a notice of defense in compliance with AS 44.62.380(b). <\/span><\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.090. Formal hearing.<\/span> An applicant for a new license, renewal of a license, <\/span><\/div>\n<\/div>\n
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or transfer of a license that is aggrieved by an action of the board denying the application may <\/span>request a formal hearing by filing a notice of defense in compliance with AS 44.62.380 within 15 days after the date of the written notice of the denial, or as provided in 3 AAC 306.085(b) if the <\/span><\/span>applicant requested and participated in an informal conference. Failure to file a notice of defense as provided in this section constitutes a waiver of the right to a formal hearing.<\/div>\n<\/div>\n
(b) When an aggrieved person requests a hearing under the section, the Office of<\/div>\n
Administrative Hearings will conduct the hearing in compliance with due process, the Alaska Administrative Procedure Act, AS 44.62.330 \u2013 AS <\/span>44.62.630, and the applicable regulations adopted by the Office of Administrative Hearings at 2 AAC 64.100 – 2 AAC 64.990. (Eff. <\/span><\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC <\/span>306.095. Appeals. (a) An aggrieved applicant or marijuana establishment <\/span><\/span><\/span><\/div>\n
license holder may appeal to the board regarding any action of the director, or an <\/span>employee or <\/span><\/span>agent of the board regarding <\/span>an application for a new license, a license renewal, or a<\/span> transfer of <\/span>license to another person.<\/div>\n
(b) A<\/span>n applicant or marijuana establishment license holder<\/span> aggrieved by a final decision of the board regarding an application for a new license, a license renewal, or a transfer of license to another person may appeal to the superior court under AS 44.62.560. (Eff. ___\/___ \/____,<\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n<\/div>\n
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AS 17.38.084<\/div>\n
3 AAC 306.100. Fees<\/span>, refund<\/span>. <\/span> (a) The non-refundable application fee for a new <\/span><\/div>\n
marijuana establishment license or an application to transfer a license to another person is $1000. <\/span><\/div>\n
(b) The non-refundable application fee for a<\/span> license renewal application is $600; if a <\/span><\/div>\n
renewal application is late as provided under 3 AAC 306.035(e), an additional late renewal <\/span><\/span><\/div>\n
application fee is $1000. <\/span><\/div>\n
(c) The <\/span>nonrefundable fee to request board approval of a change in a licensed marijuana <\/span><\/div>\n
establishment\u2019s business name, licensed premises diagram, operating plan, or proposed new <\/span><\/span><\/span><\/span><\/div>\n
marijuana product is $250; a change fee does not apply to an application for transfer of a license <\/span><\/div>\n
to another person.<\/div>\n
(d) The annual license fee, to be paid with each application for a new marijuana <\/span><\/span><\/div>\n
establishment facility license and each license renewal application is <\/span><\/div>\n
(1) for a marijuana retailer license, $5000<\/span><\/span>;<\/div>\n
(2) <\/span> for a limited marijuana cultivation facility license, $1000; <\/span><\/span><\/div>\n
(3) for a marijuana cultivation facility license, $5000; <\/span><\/span><\/span><\/div>\n
(4) for a marijuana cultivator\u2019s broker license, $5000; <\/span><\/div>\n
(5) for a marijuana extract only manufacturing facility license, $1000; <\/span><\/span><\/div>\n
(6) for a marijuana product manufacturing facility license, $5000; <\/span><\/div>\n
(7) <\/span> for a marijuana testing facility license, $1000. <\/span><\/span><\/span><\/div>\n
(e) The fee for a marijuana handler permit card is $50.<\/div>\n
(f) If the board denies an application for a license or for renewal of a license, the board<\/div>\n
will refund the annual license fee. The board will not refund a license fee after the license has<\/div>\n
been issued. <\/span><\/div>\n<\/div>\n
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(g) Processing fees for late renewal after failure to pay taxes are as follows:<\/span><\/span><\/div>\n
(1) if a licensee<\/span> pays its delinquent tax after a local government protests renewal <\/span><\/span><\/span><\/div>\n
of the license, but before the board denies license renewal, $200; <\/span><\/div>\n
(2) if a licensee<\/span><\/span> pays its delinquent tax after appealing <\/span>the board\u2019s denial of a <\/span><\/span><\/span><\/div>\n
license renewal, but before a hearing officer is appointed to hear the applicant\u2019s appeal, $500; <\/span><\/div>\n
(3) if a licensee<\/span><\/span> pays its delinquent tax after appealing the board\u2019s denial of a <\/span><\/span><\/span><\/div>\n
license renewal, but before the administrative hearing begins, $5000; and<\/span> <\/span><\/span><\/span><\/div>\n
(4) <\/span> if a licensee<\/span> pays its delinquent tax after an administrative hearing that results <\/span><\/div>\n
in a hearing officer recommendation to deny the license renewal, $10,000. (Eff. ___\/___ \/____,<\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
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Article 2. Local Options.<\/div>\n
<\/div>\n
Section<\/div>\n
200. Local options<\/div>\n
210. Change of local option<\/div>\n
220. Removal of local option<\/div>\n
230. Procedure for local option election<\/div>\n
240. Prohibition of importation or purchase after election<\/div>\n
250. Effect on licenses of restriction on sale<\/div>\n
260. Notice of the results of a local option election<\/div>\n
3 AAC 306.200. Local options. (a) If a majority of the persons voting on the question <\/span><\/div>\n<\/div>\n
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vote to approve the option, or if a local government\u2019s assembly or city council passes an <\/span><\/div>\n
ordinance to the same effect, the local government shall adopt a local option to prohibit <\/span><\/span><\/span><\/div>\n
(1) the sale of <\/span>marijuana and any marijua<\/span><\/span>na product;<\/div>\n
(2) the operation of any marijuana establishment, including one or more of the<\/div>\n
following license types<\/span>:<\/div>\n
(A) <\/span> a retail marijuana store;<\/span><\/div>\n
(B) <\/span> a marijuana cultivation facility; <\/span><\/div>\n
(C) a marijuana product manufacturing facility; or<\/span> <\/span><\/span><\/span><\/div>\n
(D) a marijuana testing facility; <\/span><\/div>\n
(3) <\/span> the sale or<\/span><\/span> importation for sale of marijuana and any <\/span>marijuana product. <\/span><\/span><\/span><\/div>\n
(b) <\/span>A ballot question to adopt a local option under this section must at least contain<\/div>\n
language substantially similar to: “Shall (name of local government) adopt a local option to <\/span><\/span><\/div>\n
prohibit (local option under (a) of this section)? (yes or no).”<\/span><\/div>\n
(c) <\/span>The ballot for an election on the options set out in (a)(2) of this section must include<\/div>\n
a brief explanation of the activity that each license type on the ballot may carry out. <\/span><\/div>\n
(d)<\/span> If a <\/span>local government dissolves under AS 29.06.450, any<\/span> marijuana establishment <\/span><\/span><\/span><\/div>\n
license issued to that local government <\/span>expires when the local government dissolves. <\/span><\/span><\/div>\n
(e) A local government may not prohibit the personal use and possession of marijuana <\/span><\/div>\n
and marijuana products as authorized under AS 17.38.020.<\/div>\n
(f) Nothing in 3 AAC 306.200 \u2013 3 AAC 306.260 precludes a local government from<\/div>\n
applying for a marijuana establishment license under other provisions of this chapter. (Eff. <\/span><\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.090 AS 17.38.110<\/div>\n
3 AAC 306.210. Change of local option.<\/span> If a majority of persons voting on the<\/div>\n
question vote to approve a local option different from one previously adopted under this section and currently in effect, or if the local government\u2019s assembly or city council passes an ordinance to the same effect, the local government shall change the local option to the newly approved <\/span>option. A ballot question to change a local option under this section must at least contain language substantially similar to: “Shall (name of local government) change the local option <\/span>currently in effect, that prohibits (current local option), and adopt in its place a local option to<\/div>\n
prohibit (proposed local option)? (yes or no).” (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.110<\/div>\n
3 AAC 306.220. Removal of local option.<\/span> (a)<\/span> If a majority of the persons voting on the question vote to remove a local <\/span>option previously adopted under this section and currently in effect, <\/span>or if a local government\u2019s assembly or city council passes an ordinance to the same effect, that local option is repealed effective the first day of the month <\/span><\/span>after the election is certified. A <\/span>ballot question to remove a local option under this section must at least contain language substantially similar to: “Shall (name of local government) remove the local option currently in <\/span><\/span>effect, that prohibits (current local option), so that no local option continues in effect? (yes or <\/span>no).”<\/div>\n
(b) When issuing a license with<\/span><\/span><\/span>in the boundaries of a local government that has removed a local option, the board will<\/span> give priority to any formerly licensed applicant whose license was <\/span>not renewed because of the results of the previous local option election. However, an applicant described in this subsection does not have a legal right to a license and the board is not required<\/div>\n<\/div>\n
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to approve the application. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.110<\/div>\n
3 AAC 306.230. Procedure for local option election<\/span>. (a) When a local government <\/span><\/div>\n
receives a petition to adopt, change, or remove a local option, and the petition is signed by a<\/div>\n
number of registered voters equal to 25 percent or more of the number of votes cast at the last<\/div>\n
regular municipal election, the local government shall place the issue that is the subject of the <\/span><\/div>\n
petition on a separate ballot at the next regular election, or hold a special election. The local<\/div>\n
government shall conduct the election in compliance with its election ordinance.<\/div>\n
(b) In a general law local government, AS 29.26.110 \u2013 AS 29.26.160 apply to a petition<\/div>\n
under (a) of this section except that<\/div>\n
(1) an application filed under AS 29.26.110 must at least contain language<\/div>\n
substantially similar to the questions set out under 3 AAC 306.200(b), 3 AAC 306.210, or<\/div>\n
3 AAC 306.220(a) rather than language of an ordinance or resolution;<\/div>\n
(2) a petition must at least contain language substantially similar to the questions <\/span><\/div>\n
set out under 3AAC 306.200(b), 3 AAC 306.210, or 3 AAC 306.220(a) rather than material required under AS 29.26.120(a)(1) and (2).<\/div>\n
(c) Notwithstanding any other provisions of law, a local government may not conduct an election to change to a less restrictive option under 3 AAC 306.210, or to remove a local option under 3 AAC 306.220, or pass an ordinance to the same effect, during the first 24 months after the local option was adopted or more than once in a 36-month period, except that if an original prohibition was passed by ordinance, an election as set forth in this article to change the <\/span>ordinance may be conducted within the 36 month period following the passage of the ordinance.<\/div>\n<\/div>\n
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(d) Notwithstanding AS 29.26.140(a), after a petition has been certified as sufficient to<\/div>\n
meet the requirements of (a) or (b) of this section, no other petition may be filed or certified until <\/span><\/div>\n
after the question presented in the first petition has been voted on or the local government has<\/div>\n
passed an ordinance to the same effect. Only one local option question may be presented in an<\/div>\n
election. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.110<\/div>\n
3 AAC 306.240. Prohibition of importation or purchase after election.<\/span> <\/span>(a) <\/span> If a <\/span><\/div>\n
majority of the voters vote to prohibit the importation for sale of <\/span>marijuana and any marijuana <\/span>product under 3 AAC 306.200(a)(<\/span>3), or if the local government\u2019s assembly or city council passes an ordinance to the same effect, a person, beginning on the first day of the month after<\/span> the results <\/span><\/span>of the election are certified, may not knowingly bring, send, or <\/span>transport marijuana or marijuana <\/span><\/span>products for sale into the area within the boundary of the local government.<\/div>\n
(b) <\/span> A person who resides within the <\/span>boundary of a <\/span>local government<\/span> that has adopted a local option under 3 AAC 306.200(a) may not purchase <\/span>marijuana or a marijuana product from <\/span>another person that<\/span> has <\/span>brought, sent, or <\/span>transported marijuana or a marijuana product <\/span>into the local government fo<\/span><\/span>r sale in violation of the local option. <\/span><\/div>\n
(c) Notwithstanding (a) or (b) of this section, a licensed marijuana establishment may <\/span><\/div>\n
transport marijuana or any marijuana product through the boundaries of a local government that has prohibited importation or purchase of marijuana if the marijuana or marijuana product is shipped with an attached transport manifest created in compliance with 3 AAC 306.750 and documenting that the shipment originates and terminates in a place that does not prohibitimportation and purchase of marijuana or a marijuana product. <\/span><\/div>\n<\/div>\n
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(d) <\/span> In this section,<\/div>\n
(1)<\/span> “bring” means to carry or convey or to attempt or solicit to carry or convey;<\/div>\n
(2) <\/span> “send” means to cause to be taken or distributed or to attempt or solicit or<\/div>\n
cause to be taken or distributed, and includes use of the United States Postal Service; <\/span><\/div>\n
(3) <\/span> “transport” means to ship by any method, and includes delivering or<\/div>\n
transferring or attempting or soliciting to deliver or transfer marijuana or marijuana products to <\/span><\/span><\/div>\n
be shipped to, delivered to, or left or held for pickup by any person. (Eff. ___\/___ \/____,<\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.110<\/div>\n
3 AAC 306.250. Effect on licenses of restriction on sale.<\/span> If a majority of the voters <\/span><\/div>\n
vote under 3 AAC 306.200(a) to prohibit sale of marijuana and marijuana products or the operation of marijuana establishments, or if the assembly or city council passes an ordinance to <\/span>the same effect, the board may not issue, renew, or transfer <\/span>to another <\/span>person, <\/span>a license for a marijuana establishment with premises located within the boundary of the local government or in <\/span>the unincorporated area within ten<\/span><\/span> miles of the boundaries of the local government. A license <\/span>for a marijuana establishment within the boundary of the local government<\/span> or in the <\/span><\/span>unincorporated area within ten<\/span><\/span> miles of the <\/span>boundary of the local government is void 90 days <\/span>after the results of the election are certified. A license that expires during the 90 da<\/span>ys after the certification of a local option election may be extended<\/span> until it is void under this section, by <\/span>payment of a prorated portion of the annual license fee.<\/span> (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.110<\/div>\n<\/div>\n
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3 AAC 306.260. Notice of the results of a local option election. (a) <\/span> If a majority of <\/span><\/span><\/div>\n
the voters vote to adopt, change, or remove a local option under 3 AAC 306.200 – 3 AAC <\/span><\/div>\n
306.220 or if the assembly or city council passes an ordinance to the same effect<\/span>:<\/div>\n
(1) <\/span>the clerk of the local government <\/span>shall notify the board of the results of the<\/div>\n
election or of the passage of the ordinance immediately after the results of the election are <\/span><\/span><\/span><\/div>\n
certified or the ordinance is formally adopted; <\/span><\/div>\n
(2) the local government<\/span><\/span><\/span> shall post public notice of the prohibition in a central<\/div>\n
location within<\/span> the <\/span>boundary of the local government before the date th<\/span>e prohibition becomes<\/div>\n
effective; and<\/div>\n
(3) the board shall immediately notify the Department of Law and the <\/span><\/span><\/span><\/div>\n
Department of Public Safety of the results of the election. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n
Authority: AS 17.38.020 AS 17.38.100 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.110<\/div>\n
<\/div>\n
Article 3. <\/span>Retail Marijuana Stores.<\/div>\n
Section<\/div>\n
300. Retail marijuana<\/span><\/span> store license required<\/span><\/div>\n
305. Retail marijuana store privileges <\/span><\/div>\n
310. Acts prohibited at retail marijuana store<\/span> <\/span><\/span><\/div>\n
315. Application for retail marijuana store license<\/span> <\/span><\/span><\/div>\n
320. Marijuana handler permit required<\/div>\n
325. Access restricted at marijuana retail store <\/span><\/span><\/div>\n
330. Marijuana <\/span>inventory tracking <\/span>system <\/span><\/div>\n<\/div>\n
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335. Health and safety requirements <\/span><\/div>\n
340. Testing required for marijuana and marijuana products<\/div>\n
345. Packaging and labeling<\/span><\/div>\n
350. Identification requirement to prevent sale to person under 21<\/div>\n
355. Limit on quantity sold<\/div>\n
360. Restriction on advertising of marijuana and marijuana products<\/div>\n
3 AAC 306.300. Retail marijuana store license required. <\/span> (a) Except as permitted <\/span><\/span><\/span><\/span><\/div>\n
under AS 17.38.020, a person may not sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver marijuana or any marijuana product to a consumer unless the person has obtained a retail marijuana store license from the board in compliance with this chapter, or is an employee or agent acting for<\/span> a licensed retail marijuana store operating in compliance with this <\/span><\/span>chapter. A person seeking a retail marijuana store license must<\/div>\n
(1) submit an application for a retail marijuana store license on a form the board<\/div>\n
prescribes, including the information set out at 3 AAC 306.020 and 3 AAC 306.315; and<\/div>\n
(2) <\/span>demonstrate, to the board\u2019s satisfaction, that the applicant will operate in <\/span><\/div>\n
compliance with<\/div>\n
(A) each applicable <\/span><\/span>provision of 3 AAC 306.300 – 3 AAC 306.360 and 3<\/div>\n
AAC 306.700 – 3 AAC 306<\/span>.755; and<\/div>\n
(B)<\/span> each applicable <\/span>public health, fire, safety, and tax code and ordinance<\/div>\n
of the state and the local government in which the applicant\u2019s proposed licensed premises <\/span><\/span><\/div>\n
are located.<\/div>\n
(b) A licensee of any retail marijuana store, or an employee or agent of a retail marijuana<\/div>\n
store, may not have an ownership interest in, or a direct or indirect financial interest in any <\/span><\/div>\n<\/div>\n
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licensed marijuana testing facility. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.305. Retail marijuana store privileges. (a) A licensed retail marijuana <\/span><\/span><\/span><\/div>\n
store is authorized to<\/div>\n
(1) sell marijuana purchased from a licensed marijuana cultivation facility, <\/span><\/div>\n
packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.470, and 3 AAC 306.475 in an amount not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed premises for consumption off the licensed premises;<\/div>\n
(2) sell a marijuana product purchased from a licensed marijuana product<\/div>\n
manufacturing facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.565,<\/div>\n
and 3 AAC 306.570, in an amount not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed premises for consumption off the licensed premises;<\/div>\n
(3) store marijuana and marijuana products on the licensed premises in a manner<\/div>\n
consistent with 3 AAC 306.710 \u2013 3 AA<\/span>C 306.720.<\/div>\n
(b) This section does not prohibit a licensed retail store from refusing to sell marijuana or marijuana product to any consumer. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS <\/span>17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.310. Acts prohibited at retail marijuana store. (a)<\/span> A licensed retail <\/span><\/span><\/div>\n
marijuana store may not sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver,<\/div>\n<\/div>\n
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marijuana or any marijuana product <\/span><\/div>\n
(1) to any person under the age of<\/span> 21;<\/div>\n
(2) that is not labeled and packaged as required in 3 AAC 306.345, and in 3 AAC<\/div>\n
306.470 and 3 AAC 306.475 or 3 AAC 306.565 and 3 AAC 306.570;<\/div>\n
(3) in a quantity exceeding the limit set out in 3 AAC 306.355;<\/div>\n
(4) over the internet; a licensed retail marijuana store may only sell marijuana or <\/span><\/div>\n
marijuana product to a consumer who is physically present on the licensed premises;<\/div>\n
(5) after the expiration date shown on the label of the marijuana or marijuana<\/div>\n
product.<\/div>\n
(b) A licensed retail marijuana store may not<\/div>\n
(1) conduct any business on, or allow any consumer to access, the retail<\/div>\n
marijuana store\u2019s licensed premises between the hours of 5:00 a.m. and 8:00 a.m. each day;<\/div>\n
(2) allow any person to consume marijuana or any marijuana product on the retail<\/div>\n
marijuana store\u2019s licensed premises;<\/span> <\/span><\/div>\n
(3) offer or deliver to a consumer, as a marketing promotion or for any other<\/div>\n
reason:<\/div>\n
(A) free marijuana or marijuana product, including a sample; or<\/div>\n
(B) <\/span> a consumable product other than marijuana, including cigarettes,<\/div>\n
tobacco products, alcoholic or non alcoholic beverages, or food, free or for compensation.<\/div>\n
(c) A retail marijuana store may not purchase any marijuana or marijuana product for<\/div>\n
resale without a certificate showing the tax due under AS 43.61.010 has been paid to the state. <\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306<\/span>.315. Application for retail marijuana store license. A person seeking a <\/span><\/span><\/div>\n
new retail marijuana store license must submit an application on a form the board prescribes <\/span><\/span>including the information required under 3 AAC 306.020, and the following<\/div>\n
(1) <\/span> a copy of the food safety permit required under 18 AAC 31.020(a);<\/div>\n
(2) <\/span> in the operating plan required under 3 AAC 306.020(c), a description of the<\/div>\n
way marijuana and marijuana products at the retail store will<\/span><\/span> be displayed and sold. (Eff. <\/span><\/span><\/div>\n
___\/___ \/____, Register____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306<\/span>.320. Marijuana handler permit required. A retail marijuana store shall <\/span><\/span><\/div>\n
ensure that<\/div>\n
(1) each licensee, em<\/span>ployee, or agent obtains a marijuana handler permit as<\/div>\n
provided in 3 AAC 306.700 before being licensed or employed at a retail marijuana store; and<\/div>\n
(2) each licensee, employee, or agent has that person\u2019s marijuana handler permit<\/div>\n
card in that person\u2019s immediate possession when on the licensed premises of the retail marijuana <\/span><\/div>\n
store. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.325. Access restricted at retail marijuana store. <\/span> (a)<\/span> A person under the <\/span><\/div>\n<\/div>\n
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age of 21 may not enter a retail marijuana store.<\/div>\n
(b) Each entry to a retail marijuana store must be posted with a sign that says \u201cNo one<\/div>\n
under 21 years of age allowed.\u201d The sign must be not less than 12 inches long and 12 inches<\/div>\n
wide, with letters at least one half inch in height in high contrast to the background of the sign.<\/div>\n
(c ) An area of a retail marijuana store\u2019s licensed premises where marijuana or any <\/span><\/div>\n
marijuana product is stocked for sale, or dispensed for sale, is a restricted access area. The retail <\/span><\/div>\n
marijuana store must post signs, require identification, and escort visitors in compliance with<\/div>\n
3 AAC 306.710. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.330. Marijuana inventory tracking system. (a) A retail marijuana store <\/span><\/span><\/div>\n
shall use an inventory tracking system as provided in 3 AAC 306.730 <\/span>to ensure all marijuana and<\/div>\n
marijuana product in the store\u2019s possession is identified and tracked from the time the retail <\/span><\/span><\/span><\/span><\/div>\n
marijuana store receives any batch of marijuana or lot of marijuana product through the sale, <\/span><\/span><\/div>\n
transfer to another licensed marijuana establishment, or disposal of the batch of marijuana or lot <\/span><\/div>\n
of marijuana product.<\/div>\n
(b) When any marijuana from a marijuana cultivation facility or marijuana product from <\/span><\/span><\/span><\/span><\/span><\/div>\n
a marijuana product manufacturing facility is delivered or transported to the licensed premises of <\/span><\/span><\/div>\n
a retail marijuana store, the retail marijuana store shall immediately enter identification <\/span><\/div>\n
information for that batch of marijuana or lot of marijuana product into the retail marijuana <\/span><\/div>\n
store\u2019s inventory tracking system. A retail marijuana store may not accept any marijuana or <\/span><\/span><\/span><\/span><\/span><\/span><\/div>\n
marijuana product that does not have a valid transport manifest generated from the inventory<\/div>\n<\/div>\n
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tracking system of the marijuana establishment that originated the delivery. <\/span><\/div>\n
(c) A retail marijuana store<\/span> shall<\/span> reconcile <\/span>each transaction from the store\u2019s point of sale <\/span><\/span><\/span><\/div>\n
system and current inventory to its inventory tracking system at the close of business each day.<\/div>\n
(d) A retail marijuana store<\/span> shall<\/span> account for any variance in the quantity of marijuana or <\/span><\/span><\/span><\/span><\/div>\n
marijuana product the store received and the quantity the store sold, transferred<\/span>, or disposed of.<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.335. Health and safety requirements. A retail marijuana store must <\/span><\/span><\/span><\/div>\n
comply with each <\/span>applicable health and safety requirement set out in 3 AAC 306.735. (Eff. <\/span><\/span><\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.340. Testing required for marijuana and marijuana products. (a) A <\/span><\/span><\/div>\n
retail marijuana store may not sell, give, distribute, deliver, or offer to sell, give, distribute, or <\/span><\/div>\n
deliver, marijuana or any marijuana product until all <\/span>laboratory testing <\/span>required under 3 AAC <\/span><\/div>\n
306.645 has been completed, and the label required under 3 AAC 306.475 or 3 AAC 306.570 is<\/div>\n
affixed. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n<\/div>\n
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3 AAC 306.345. Packaging and labeling. (a) A retail marijuana store shall assure that <\/span><\/div>\n
(1) any marijuana sold on its licensed premises is packaged and labeled in <\/span><\/div>\n
compliance with 3 AAC 306.470 and 3 AAC 306.475, except that <\/span>3 AAC 306.470(b)(2) does not<\/div>\n
apply to the packaging of wholesale flower and bud sold by weight to a consumer; and<\/div>\n
(2) any marijuana product sold on its licensed premises is packaged and labeled<\/div>\n
in compliance with 3 AAC 306.565 and 3 AAC 306.570, except that 3 AAC 306.565(b)(2) does<\/div>\n
not apply to the packaging of wholesale marijuana products that are not edible marijuana <\/span><\/div>\n
products.<\/div>\n
(b) In addition to labeling requirements provided in (a) of this section, a retail marijuana<\/div>\n
store shall affix a label to each package of marijuana or marijuana product that<\/div>\n
(1) identifies the marijuana retail store selling the marijuana product by name or <\/span><\/span><\/div>\n
distinctive logo and marijuana establishment license number; and<\/div>\n
(2) <\/span> contains the following statements: <\/span><\/div>\n
(A) “Marijuana has intoxicating effects and may be habit forming;”<\/div>\n
(B) “Marijuana can impair concentration, coordination, and judgment. Do<\/div>\n
not operate a vehicle or machinery under its influence;”<\/div>\n
(C) “There may be health risks associated with consumption of<\/div>\n
marijuana;\u201d and<\/div>\n
(D) “For use only by adults twenty-one and older. Keep out of the reach of<\/div>\n
children”<\/div>\n
(E) <\/span>\u201cMarijuana should not be used by women who are pregnant or breast<\/div>\n
feeding.\u201d (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.350. Identification requirement to prevent sale to person under 21<\/span>. (a) <\/span><\/div>\n
A licensed retail marijuana store shall refuse to sell marijuana or a marijuana product to any<\/div>\n
person who does not produce a form of valid identification showing that person is 21 years of<\/div>\n
age or older. <\/span><\/div>\n
(b) A valid form of identification includes:<\/div>\n
(1) an unexpired, unaltered passport;<\/div>\n
(2) an unexpired, unaltered driver’s license; instruction permit, or identification<\/div>\n
card of any state or territory of the United States, the District of Columbia, or a province of <\/span><\/div>\n
Canada;<\/div>\n
(3) an identification card issued by a federal or state agency authorized to issue a <\/span><\/div>\n
driver’s license or identification card. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS<\/span> 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.355. Limit on quantity sold. (a) A licensed retail marijuana store shall not <\/span><\/div>\n
sell more than the following quantity of marijuana or marijuana product in a single transaction: <\/span><\/div>\n
(1) one ounce of usable marijuana;<\/span><\/div>\n
(2) sixteen ounces of marijuana-infused product in solid form;<\/div>\n
(3) seven grams of marijuana-infused extract for inhalation, or<\/div>\n
(4) seventy-two ounces of marijuana-infused product in liquid form. (Eff. <\/span><\/div>\n
___\/___ \/____, Register ____) <\/span><\/div>\n<\/div>\n
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Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.360. Restriction on advertising of marijuana and marijuana products. <\/span><\/span><\/div>\n
(a) A retail marijuana store may have no more than three signs,<\/span><\/span> visible to the general public <\/span>from the public right of way, that identify <\/span>the store by <\/span><\/span>its business name. A <\/span><\/span>sign may be placed <\/span><\/span><\/span>in the store\u2019s window or attached to the outside of the licensed premises. <\/span> The size of each sign <\/span><\/span>may not exceed 4800 square inches.<\/span><\/div>\n
(b) <\/span> An advertis<\/span><\/span>ement for marijuana or marijuana product may not contain any statement <\/span>or illustration that<\/div>\n
(1) <\/span> is false or misleading; <\/span><\/div>\n
(2) <\/span> promotes excessive <\/span>consumption;<\/div>\n
(3) <\/span> represents that <\/span>the use of marijuana has curative or therapeutic effects;<\/span><\/div>\n
(4) <\/span> depicts a <\/span>person under the age of 21 consuming marijuana; or <\/span><\/div>\n
(5) includes an object<\/span> or character, including a toy, a cartoon character<\/span>, or any<\/div>\n
other depiction designed to appeal to a <\/span>child or other person under the age of 21<\/span>, that promotes<\/div>\n
consumption of marijuana.<\/div>\n
(c) <\/span> A retail marijuana store may not place an advertisement for marijuana or a marijuana <\/span>product, except as provided in (a) of this section,<\/div>\n
(1) within one thousand feet of the perimeter of any child<\/span><\/span>–centered facility, <\/span><\/div>\n
including a school, daycare or other facility providing services to children, a playground or recreation center, a public park, <\/span>a library, or a game arcade that is open to persons under the age <\/span><\/div>\n
of 21;<\/div>\n<\/div>\n
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(2) o<\/span>n or in a public transit vehicle or public transit shelter; or <\/span><\/div>\n
(3) o<\/span>n or in a publicly owned or operated property;<\/div>\n
` (4) within <\/span><\/span>1000 feet of<\/span> a substance or treatment facility; or <\/span><\/div>\n
(5) on a college campus.<\/div>\n
(d) <\/span> A retail marijuana store may not use giveaway coupons, or distri<\/span>bute branded<\/div>\n
merchandise as promotional materials, or conduct promotional activities such as games or <\/span>competitions to encourage sale of marijuana or marijuana products.<\/div>\n
(e) <\/span> All advertising for marijuana or any marijuana product must contain the following <\/span><\/span><\/span><\/span><\/span><\/span><\/div>\n
warnings:<\/div>\n
(1) “Marijuana<\/span><\/span> has intoxicating effects and may be habit forming;” <\/span><\/span><\/div>\n
(2) “Marijuana can impair concentrati<\/span>on, coordination, and judgment. Do not <\/span><\/div>\n
operate a vehicle or machinery under its influence;” <\/span><\/div>\n
(3) “There may be health risks associated<\/span> with consumption of marijuana;\u201d and<\/span><\/div>\n
(4) “For use only by adults twenty-one and older. Keep out of the reach of<\/div>\n
children”<\/div>\n
(5) \u201cMarijuana should not be used by women who are pregnant or breast feeding.\u201d<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
<\/div>\n
Article 4. Marijuana Cultivation Facilities. <\/span><\/span><\/div>\n
Section<\/div>\n<\/div>\n
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400. Marijuana cultivation facility license required<\/div>\n
405. Standard marijuana cultivation facility: privileges and prohibited acts <\/span><\/div>\n
410. Limited marijuana cultivation facility: privileges and prohibited acts<\/div>\n
415. Marijuana cultivation broker facility: privileges and prohibited acts<\/div>\n
420. Application for marijuana cultivation facility l<\/span>icense <\/span><\/div>\n
425. Marijuana handler permit required<\/span><\/div>\n
430. Restricted access area <\/span><\/div>\n
435. Marijuana inventory tracking system<\/div>\n
440. Health and safety requirements<\/span><\/div>\n
445. Standards for cultivation and preparation<\/div>\n
450. Production of marijuana concentrate prohibited<\/div>\n
455. Required laboratory testing <\/span><\/div>\n
460. Samples<\/span><\/div>\n
465. Random sampling<\/div>\n
470. Packaging of marijuana <\/span><\/div>\n
475. Labeling of marijuana <\/span><\/div>\n
480. Marijuana tax to be paid<\/span><\/div>\n
3 AAC 306.400. Ma<\/span>rijuana cultivation facility license required. (a) Except as <\/span><\/span><\/div>\n
provided under AS 17.38.020, a person may not plant, propagate, cultivate, harvest, trim, dry, <\/span>cure, or package, label, or sell marijuana grown at a place under that person\u2019s control, directly or through a marijuana cultivation broker facility, to any marijuana establishment unless the <\/span>person has obtained a marijuana cultivation facility license<\/span> from the board in compliance with this <\/span><\/span>chapter, or is an employee or agent acting for a licensed marijuana cultivation facility. The <\/span><\/span><\/div>\n<\/div>\n
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board will issue the following types of marijuana cultivation facility licenses, with the privileges <\/span>and subject to the prohibitions set out in sections 3 AAC 306.405 – 3 AAC 306.415:<\/div>\n
(1) a standard marijuana cultivation facility license; <\/span><\/span><\/div>\n
(2) a limited marijuana cultivation facility license to a person operating a <\/span><\/span>marijuana cultivation facility with fewer than 500 square feet under cultivation; and<\/div>\n
(3) a marijuana cultivation broker facility license for a person providing essential<\/div>\n
business functions of a limited marijuana cultivation facility, including storing marijuana, purchasing or arranging the purchase of the limited marijuana cultivation facility\u2019s marijuana <\/span>crop, arranging testing and transportation of marijuana, and filing the reports and paying the marijuana excise tax required under AS 43.61.010 and AS 43.61.020.<\/div>\n
(b) A person seeking any type of marijuana cultivation facility license as provided in (a) of this section must<\/div>\n
(1) submit an application for the applicable marijuana cultivation facility license <\/span><\/div>\n
on a form the board prescribes, including the information set out at 3 AAC 306.020 and 3 AAC<\/div>\n
306.420; and<\/span><\/div>\n
(2) demonstrate to the board\u2019s satisfaction that it will operate in compliance with <\/span><\/div>\n
(A) <\/span>each applicable provision of 3 AAC 306.400 – 3 AAC 306.480 and 3<\/div>\n
AAC 306.700 – 3 AAC 306.755; and<\/div>\n
(B) each applicable public health, fire, safety, and tax code and ordinance<\/div>\n
of the state and the local government in which the applicant\u2019s proposed licensed premises <\/span><\/div>\n
are located.<\/div>\n
(c) A licensee of any marijuana cultivation facility, or an employee or agent of a<\/div>\n
marijuana cultivation facility, may not have an ownership interest in, or a direct or indirect <\/span><\/div>\n<\/div>\n
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financial interest in any licensed marijuana testing facility. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.030 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.070<\/div>\n
3 AAC 306.405. Standard marijuana cultivation facility: privileges and prohibited<\/div>\n
acts. (a) A licensed standard marijuana cultivation facility is authorized to <\/span><\/span><\/div>\n
(1) propagate, cultivate, harvest, prepare, cure, package, store and label<\/div>\n
marijuana;<\/div>\n
(2) sell marijuana only to a licensed retail marijuana store, to another licensed <\/span><\/span><\/div>\n
marijuana cultivation facility, or to a licensed marijuana product manufacturing facility;<\/div>\n
(3) provide samples to a licensed marijuana testing lab for testing; <\/span><\/div>\n
(4) store inventory on the licensed premises; any stored inventory must be<\/div>\n
secured in a restricted access area and accounted for in the marijuana cultivation facility\u2019s<\/div>\n
inventory tracking system as required under 3 AAC 306.730;<\/div>\n
(5) transport marijuana in compliance with 3 AAC 306.750;<\/div>\n
(6) conduct in-house testing for the marijuana cultivation facility\u2019s own use; <\/span><\/span><\/div>\n
(7) provide marijuana samples to a licensed retail marijuana store or marijuana <\/span><\/span><\/span><\/div>\n
product manufacturing facility for the purpose of negotiating a sale.<\/div>\n
(b)<\/span> A licensed standard marijuana cultivation facility may also apply for a marijuana <\/span><\/div>\n
product manufacturing facility license and a retail marijuana store license. A standard marijuana<\/div>\n
cultivation facility that obtains any other marijuana establishment license shall <\/span><\/div>\n
(1) conduct any product manufacturing or retail marijuana store operation in a <\/span><\/div>\n
room completely separated from the cultivation facility by a secure door<\/span> when co<\/span>–located; <\/span>and<\/span> <\/span><\/div>\n<\/div>\n
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(2) comply with each provision of this chapter that applies to any other type of<\/div>\n
marijuana establishment license that the standard marijuana cultivation facility licensee obtains.<\/div>\n
(c) A licensed standard marijuana cultivation facility may not <\/span><\/div>\n
(1) <\/span>sell, distribute, or transfer any marijuana or marijuana product to a consumer,<\/div>\n
with or without compensation;<\/div>\n
(2) allow any person, including a licensee, employee, or agent, to consume<\/div>\n
marijuana or a marijuana product on the licensed premises or within 20 feet of the exterior of any building or outdoor cultivation facility on the licensed premises;<\/div>\n
(3) treat or otherwise adulterate marijuana with any organic or nonorganic <\/span><\/span><\/div>\n
chemical or other compound to alter the color, appearance, weight, or <\/span>odor of the marijuana; <\/span><\/span><\/div>\n
(4) except as permitted under a marijuana product manufacturing facility license, <\/span><\/div>\n
extract marijuana concentrate, using any process described in 3AAC 306.555<\/span>, at the licensed premises; <\/span><\/div>\n
(5) sell marijuana that is not packaged and labeled <\/span>in compliance with 3 AAC<\/div>\n
306.470 and 3 AAC 306.475; or<\/div>\n
(6) sell marijuana that has not been reported to the Department of Revenue with<\/div>\n
excise tax paid as required under AS 43.61.010 and AS 43.61.020. (Eff. ___\/___ \/____, Register<\/div>\n
____)<\/div>\n
Authority: AS 1<\/span>7.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.410. Limited marijuana cultivation facility: privileges and prohibited <\/span><\/span><\/div>\n
acts. (a) A licensed limited cultivation facility is authorized to <\/span><\/span><\/span><\/div>\n
(1) propagate, cultivate, harvest, and prepare marijuana for sale in a marijuana <\/span><\/div>\n<\/div>\n
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cultivation facility with fewer than 500 square feet under cultivation; <\/span><\/span><\/div>\n
(2) provide marijuana samples to a licensed marijuana cultivation broker facility<\/div>\n
for the purpose of negotiating a sale; <\/span><\/div>\n
(3) sell marijuana only to a licensed marijuana cultivation broker facility with <\/span><\/div>\n
which the limited cultivation facility has a written agreement that<\/div>\n
(A) assigns responsibility for <\/span><\/div>\n
(i) arranging transportation and testing by a licensed marijuana <\/span><\/span><\/div>\n
testing facility; and for<\/div>\n
(ii) other services as agreed between the parties; and <\/span><\/div>\n
(B) requires the marijuana cultivation broker <\/span>facility to file reports and <\/span><\/div>\n
pay the excise tax as required under AS 43.61.010 and AS 43.61.020 for all marijuana <\/span>the <\/span>marijuana cultivation broker facility purchases from the limited marijuana cultivation<\/div>\n
facility;<\/div>\n
(4) if a written agreement as provided in paragraph (a)(3) of this section does not<\/div>\n
provide for the marijuana cultivation broker facility to provide these services:<\/span><\/div>\n
(A) arrange for testing by a licensed marijuana testing facility; and <\/span><\/div>\n
(B) transport marijuana to a licensed marijuana testing facility or the <\/span><\/div>\n
marijuana cultivation broker facility with which the limited marijuana cultivation facility<\/div>\n
has an agreement under (a)(3) of this section. <\/span><\/div>\n
(b) A licensed limited marijuana cultivation facility may not <\/span><\/div>\n
(1) do any act prohibited under 3 AAC 306.405(c);<\/div>\n
(2) hold any other type of marijuana establishment license;<\/div>\n
(3) sell directly to a consumer,<\/div>\n<\/div>\n
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(4) sell to any marijuana establishment except through <\/span>a marijuana cultivation <\/span><\/span><\/div>\n
broker facility; and<\/div>\n
(5) sell marijuana to a marijuana cultivation broker facility without a written <\/span><\/div>\n
agreement in which the marijuana cultivation broker facility agrees to file each report and pay<\/div>\n
the excise tax required under AS 43.61.010 and AS 43.61.020. (Eff. ___\/___ \/____, Register <\/span><\/span><\/div>\n
____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.090 AS 43.61.010 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.100 AS 43.61.020<\/div>\n
AS 17.38.084 AS 17.38.900<\/div>\n
3 AAC 306.415. Marijuana cultivation broker facility: privileges and prohibited <\/span><\/div>\n
acts. (a) A licensed mar<\/span>ijuana cultivation broker facility is authorized to <\/span><\/div>\n
(1) purchase marijuana from any number of licensed limited marijuana <\/span><\/div>\n
cultivation facilities;<\/div>\n
(2) sell marijuana only to a licensed retail marijuana store<\/span>, to another licensed <\/span><\/div>\n
marijuana cultivation facility, or to a licensed marijuana product manufacturing facility; <\/span><\/span><\/div>\n
(3) arrange laboratory testing of marijuana obtained from a limited cultivation <\/span><\/div>\n
facility, and provide the necessary testing samples to a licensed marijuana testing facility; <\/span><\/span><\/div>\n
(4) arrange transportation of marijuana to a marijuana testing facility, a marijuana <\/span><\/span><\/div>\n
product manufacturing facility, or a retail marijuana store; and<\/div>\n
(5) s<\/span>ubmit to the Department of Revenue the monthly statements and pay the<\/div>\n
excise tax specified under AS 43.61.010 and AS 43.61.020 on all marijuana the marijuana <\/span><\/div>\n
cultivation broker facility purchases from a limited marijuana cultivation facility.<\/div>\n
(b) A licensed marijuana cultivation broker facility may apply for a marijuana product<\/div>\n<\/div>\n
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manufacturing facility license and a retail marijuana store license. A marijuana cultivation broker facility that obtains any other marijuana establishment license shall<\/div>\n
(1) conduct any product manufacturing and retail marijuana store operation in a<\/div>\n
room completely separated from the cultivation broker facility by a secure door; and <\/span><\/div>\n
(2) comply with each provision of this chapter that applies to any other type of<\/div>\n
marijuana establishment license that the cultivation broker facility has obtained.<\/div>\n
(c) A licensed marijuana<\/span> cultivation broker facility may not <\/span><\/div>\n
(1) do any act prohibited under 3 AAC 306.405(c);<\/div>\n
(2) grow marijuana;<\/span><\/div>\n
(3) extract concentrate from marijuana unless the broker facility has obtained a <\/span><\/div>\n
marijuana manufacturing facility license;<\/div>\n
(4) sell marijuana that is not packaged and labeled in compliance with 3 AAC <\/span><\/span><\/div>\n
306.470 and 3 AAC 306.475; or<\/div>\n
(5) sell marijuana that has not been reported to the Department of Revenue with <\/span><\/span><\/span><\/div>\n
excise tax paid as required under AS 43.61.010 and AS 43.61.020. (Eff. ___\/_<\/span>__ \/____, Register<\/div>\n
____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.090 AS 43.61.010 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.100 AS 43.61.020<\/div>\n
AS 17.38.084 AS 17.38.900<\/div>\n
3 AAC 306.420. Application for marijuana cultivation facility license. (a) An <\/span><\/span><\/div>\n
applicant for a new standard marijuana cultivation facility license or a new limited marijuana <\/span>cultivation facility shall file an application on a form the board prescribes, including<\/div>\n
(1) the information required under 3 AAC 306.020; and<\/div>\n<\/div>\n
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(2) the proposed marijuana cultivation facility\u2019s operating plan, including, in <\/span><\/div>\n
addition to the information required under 3 AAC 306.020(c):<\/div>\n
(A) the size of the space intended to be under cultivation;<\/div>\n
(B) the growing medium to be used;<\/div>\n
(C) fertilizers, chemicals, gases, an<\/span>d delivery systems, including CO2<\/div>\n
management, to be used;<\/div>\n
(D) the irrigation and waste water systems to be used;<\/span><\/div>\n
(E) waste disposal arrangements; <\/span><\/div>\n
(F) odor control; and<\/div>\n
(G) the testing procedure and protocols the marijuana cultivation facility<\/div>\n
will follow.<\/div>\n
(b) <\/span> An applicant for a limited marijuana cultivation facility license must submit the <\/span><\/div>\n
information required for a new marijuana establishment license set out in 3 AAC 306.020, and <\/span><\/div>\n
(a)(2) of this section.<\/div>\n
(c) An applicant for a marijuana cultivation broker facility license must <\/span><\/span><\/div>\n
(1) <\/span> submit the information required for a new marijuana establishment license <\/span><\/div>\n
under 3 AAC 306.020;<\/div>\n
(2) <\/span> agree <\/span>to submit the monthly reports and pay the excise tax specified under AS <\/span><\/div>\n
43.61.010 and AS 43.61.020 on all marijuana it purchases; and<\/div>\n
(3)<\/span> provide other services the marijuana cultivation broker facility offers to a<\/div>\n
limited marijuana cultivation facility. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n<\/div>\n
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Editor\u2019s note:<\/span> The form for an application for a marijuana cultivation facility license or <\/span><\/span>a marijuana cultivation broker facility license is available online as provided in the editor\u2019s note <\/span><\/span><\/span><\/span>under 3 AAC 306.020.<\/div>\n
<\/div>\n
3 AAC 306.425. Marijuana handler permit required. A marijuana cultivation facility <\/span><\/span><\/div>\n
must ensure that each licensee, employee, or agent <\/span><\/div>\n
(1) obtains a marijuana handler permit as provided in 3 AAC 306.700 before<\/div>\n
being present or employed at the marijuana cultivation facility\u2019s licensed premises; and<\/div>\n
(2) has the marijuana handler permit card in the person\u2019s immediate possession at<\/div>\n
all times while on the marijuana cultivation facility\u2019s licensed premises. (Eff. ___\/___ \/____, <\/span><\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.430. Restricted access area. (a)<\/span> A marijuana cultivation facility shall <\/span><\/span><\/div>\n
conduct any operation in a restricted area in compliance with 3 AAC 306.710 and this section.<\/div>\n
(b) A marijuana cultivation facility shall conduct any marijuana growing operation <\/span><\/span><\/span><\/div>\n
within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.<\/div>\n
Where not prohibited by local government, outdoor production may take place in non-rigid <\/span>greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscuring wall or fence at least six feet high. <\/span><\/div>\n
(c<\/span>) A marijuana cultivation facility shall ensure that any marijuana at the cultivation <\/span><\/span><\/div>\n
facility<\/div>\n
(1)<\/span> cannot be observed by the public from outside the cultivation facility; and<\/div>\n
(2)<\/span> does not emit an odor that is detectable by the public from outside the<\/div>\n<\/div>\n
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cultivation facility except as allowed by a local government conditional use permit process. <\/span><\/div>\n
(d) A marijuana cultivation facility shall have full video surveillance of the licensed <\/span><\/span><\/span><\/div>\n
premises as required under 3 AAC 306.720, including any area<\/span> where marijuana is grown, processed, packaged, or stored, or where marijuana waste is destroyed. (Eff<\/span>. ___\/___ \/____,<\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.435. Marijuana inventory tracking system. (a) A marijuana cultivation <\/span><\/span><\/span><\/div>\n
facility shall use <\/span><\/span>an inventory tracking system in compliance with 3 AAC 306.730 to ensure all <\/span>marijuana propagated, grown, or cultivated on the marijuana cultivation facility\u2019s premises is <\/span><\/span>identified and tracked from the time the <\/span>marijuana is propagated through transfer to another <\/span><\/span>licensed marijuana establishment or destruction. The marijuana cultivation facility must assign a <\/span><\/span>tracking number to each plant over 8 inches tall. When harvested, bud and flowers, clones or cuttings, or leaves and trim may be combined in harvest batches of distinct strains, not exceeding five pounds; each harvest batch must be given an inventory tracking number. Clones or cuttings must be limited to 50 or fewer plants and identified by a batch tracking number. <\/span><\/div>\n
(b) A marijuana cultivation facility shall record each sale and transport of each batch<\/span> in its marijuana inventory tracking system, and shall generate a valid transport manifest<\/span> to <\/span>accompany each transported batch. <\/span><\/div>\n
(c) A marijuana cultivation facility shall record in its <\/span>marijuana inventory tracking <\/span><\/span><\/div>\n
system all marijuana used to provide a sample authorized under 3 AAC 306.460 for the purpose <\/span>of negotiating sales, including<\/div>\n
(1)<\/span> the amount of each sample; <\/span><\/div>\n<\/div>\n
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(2) the retail marijuana store or marijuana product manufacturing facility that <\/span><\/span><\/span><\/span><\/div>\n
received the sample; and <\/span><\/span><\/span><\/div>\n
(3) the disposal of any expired or outdated promotional sample returned to the<\/div>\n
marijuana cultivation facility. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.440. Health and safety requirements.<\/span> (a) A marijuana cultivation facility <\/span><\/span><\/div>\n
must comply with all applicable health and safety requirements set out in 3 AAC 306.735, and <\/span><\/span><\/span><\/div>\n
the additional requirements set out in this section. <\/span><\/span><\/div>\n
(b) A marijuana cultivation facility shall ensure that any licensee, employee, or agent <\/span><\/span><\/div>\n
who is present at the marijuana cultivation facility and in contact with any marijuana<\/div>\n
(1) wear<\/span><\/span>s clean clothing appropriate for the duties that person performs;<\/span><\/div>\n
(2) wears protective apparel, such as head, face, h<\/span><\/span>and and arm coverings, as <\/span><\/div>\n
necessary to protect marijuana <\/span>from contamination; and<\/div>\n
(3) practice<\/span>s good sanitation and health habits. (Eff. ___\/___ \/____, Register<\/div>\n
____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.445. Standards for cultivation and preparation. A marijuana cultivation <\/span><\/span><\/div>\n
facility shall use certified scales in compliance with AS 45.75.080 and 3 AAC 306.745. (Eff. <\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n<\/div>\n
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3 AAC 306.450. Production of marijuana concentrate prohibited. A marijuana <\/span><\/span><\/span><\/div>\n
cultivation facility may not produce or possess marijuana concentrate that was extracted using <\/span><\/span><\/div>\n
any process described in 3 AAC 306.455 on its licensed premises unless the marijuana <\/span><\/span><\/span><\/span><\/div>\n
cultivation facility also has a marijuana product manufacturing facility license. Any extraction<\/div>\n
or production of marijuana concentrate on the premises of a licensed marijuana cultivation <\/span><\/div>\n
facility must<\/div>\n
(1) be in a separate <\/span>room that<\/span><\/div>\n
(A) <\/span>is physically separated by a secure door from any cultivation area; <\/span><\/div>\n
and<\/div>\n
(B) has a sign that clearly identifies the room as a marijuana concentrate <\/span><\/span><\/div>\n
production area, and warns unauthorized persons to stay out; and<\/div>\n
(2) comply with all applicable provisions of 3 AAC 306.500 – 3 AAC 306.570.<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.455. Required laboratory testing. <\/span>(a) Except as provided in (d) of this<\/div>\n
section, a marijuana cultivation facility shall provide a sample of each harvest batch of marijuana <\/span><\/span>produced at the facility to a marijuana testing facility, and may not sell or transport any <\/span><\/span>marijuana until all laboratory testing required by 3 AAC 306.645 has been completed.<\/div>\n
(b) To comply with (a) of this section, a marijuana cultivation facility shall <\/span><\/div>\n
(1) collect a random, homogenous sample for testing by segregating harvested <\/span><\/div>\n
marijuana into batches of individual strains of bud and flower, then selecting a random sample from each batch in an amount required by the marijuana testing facility;<\/div>\n<\/div>\n
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(2) designate an individual responsible for collecting each sample; that individual<\/div>\n
shall<\/div>\n
(A) prepare a<\/span> signed statement<\/span> showing that each sample has been <\/span><\/div>\n
randomly selected for testing;<\/div>\n
(B) provide the signed statement<\/span> to the marijuana testing facility; and <\/span><\/div>\n
(C) maintain a copy as a business record under 3 AAC 306.755;<\/div>\n
(3) transport the sample to the marijuana testing facility\u2019s licensed premises in <\/span><\/div>\n
compliance with 3 AAC 306.750.<\/div>\n
(c) A marijuana cultivation facility shall segregate the entire batch from which the <\/span><\/div>\n
testing sample was selected until the marijuana testing facility reports the results from its tests.<\/div>\n
During this period of segregation, the marijuana cultivation facility that provided the sample shall maintain the batch in a secure, cool, and dry location to prevent the marijuana from becoming contaminated or losing its efficacy. The facility that provided the sample may not sell <\/span>or transport any marijuana from the segregated batch until the marijuana testing facility has completed its testing and provided those results, in writing, to the marijuana cultivation facility <\/span>that provided the sample. The marijuana cultivation facility shall maintain the testing results as <\/span>part of its business books and records.<\/div>\n
(d) A limited marijuana cultivation facility may contract with a marijuana cultivation <\/span><\/span><\/div>\n
broker facility to arrange the laboratory testing required in this section, and transportation of marijuana to the marijuana testing facility. A marijuana cultivation broker facility\u2019s contract to perform these services must be in writing and must be maintained in the limited marijuana <\/span><\/span><\/span><\/span>cultivation facility\u2019s business records. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.460. Samples.<\/span><\/span> (a) A marijuana cultivation facility may provide a free <\/span><\/div>\n
sample of marijuana to a retail marijuana store if packaged in a sample jar containing no more<\/div>\n
than 3 1\/2 grams of marijuana and protected by a plastic or metal mesh screen to allow customers to smell the product before purchase.<\/div>\n
(b) A marijuana cultivation facility may provide a free sample of marijuana to a retail <\/span><\/div>\n
marijuana store or marijuana product manufacturing facility as follows: <\/span><\/div>\n
(1) a sample provided for the purpose of negotiating a sale may be no more than<\/div>\n
one ounce;<\/div>\n
(2) a marijuana cultivation facility may not provide any one licensed <\/span>retail <\/span><\/span><\/span><\/div>\n
marijuana store or marijuana product manufacturing facility with more than one ounce of <\/span><\/span><\/span><\/div>\n
marijuana per month free of charge for the purpose of negotiating a sale. <\/span> <\/span><\/div>\n
(c) A retail marijuana store that receives a marijuana<\/span> sample may not sell the marijuana <\/span><\/span><\/div>\n
sample to a customer; and shall either<\/div>\n
(1) return the marijuana sample to the cultivation facility that provided the <\/span><\/div>\n
sample; or<\/div>\n
(2) destroy the marijuana sample after use and document the destruction in its <\/span><\/span><\/div>\n
marijuana inventory control system. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC<\/span> 306.465. Random sampling. (a) The board or the director will from time to <\/span><\/span><\/div>\n
time require a <\/span><\/span>standard or limited marijuana cultivation facility to provide samples of the <\/span><\/span><\/div>\n
growing medium, soil amendments, fertilizers, crop production aids, pesticides, or water for <\/span><\/div>\n<\/div>\n
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random compliance checks. The sample may be screened for pesticides and chemical residues, <\/span>unsafe levels of metals, and used for other laboratory tests <\/span>the director finds to be in the interests of the public. The marijuana cultivation facility shall bear all costs of testing under this <\/span>subsection.<\/div>\n
(b) <\/span> When the board or the director orders random sampling under this section, the<\/div>\n
director will identify a licensed marijuana testing facility to perform the testing. The marijuana testing facility will collect the test samples; the marijuana cultivation facility shall cooperate to facilitate the collection of samples. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.470. Packaging of marijuana. (a) A licensed marijuana cultivation <\/span><\/span><\/span><\/div>\n
facility, including a marijuana cultivation broker facility, shall package its marijuana bud and flower for sale as follows:<\/div>\n
(1) to a retail marijuana store, either <\/span><\/div>\n
(A) in a package not exceeding one ounce for resale to consumers without<\/div>\n
additional handling by the retail marijuana store except to add the retail marijuana store\u2019s own identifying name or logo and license number; or<\/div>\n
(B) in a wholesale package not exceeding five pounds for re <\/span>– packaging <\/span><\/div>\n
by the retail marijuana store; or<\/div>\n
(2) to a marijuana product manufacturing facility in a wholesale package not <\/span>exceeding five pounds, consisting of a single strain or a mixture of strains as identified on the label.<\/div>\n
(b) <\/span> When a licensed marijuana cultivation facility packages marijuana for a retail <\/span><\/span><\/span><\/div>\n<\/div>\n
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marijuana store to sell to a consumer without re-packaging, the packaging must be designed or <\/span><\/div>\n
constructed in compliance with 16 C.F.R. 1700.01 \u2013 1700.20, as amended <\/span>Dec.30, 1983 to be <\/span><\/span><\/div>\n
significantly difficult for children under five years of age to open; but not normally difficult for <\/span><\/span><\/span><\/div>\n
adults to use properly. The packaging may not have any printed images, including cartoon<\/div>\n
characters, that specifically target individuals under the age of 21. In addition, <\/span>the packaging<\/div>\n
must<\/div>\n
(1) <\/span>protect the product from contamination and must not impart any toxic or <\/span><\/div>\n
damaging substance to the marijuana;<\/div>\n
(2)<\/span> be four mil or greater thickness plastic, heat sealed<\/span>, and with no easy-open<\/div>\n
corner, dimple or flap;<\/div>\n
(3) be <\/span>opaque so that <\/span>the product cannot be seen without opening the packaging <\/span><\/div>\n
material. <\/span><\/div>\n
(c) <\/span> Each package prepared in compliance with this section must be identified by a<\/div>\n
tracking label generated for tracking by the marijuana cultivation facility\u2019s marijuana inventory <\/span><\/div>\n
control system.<\/div>\n
(d) A marijuana cultivation facility shall prepare marijuana for transport or transfer to <\/span><\/div>\n
another marijuana establishment by<\/div>\n
(1) placing marijuana packaged in compliance with (a) <\/span>– (c) of this section within <\/span><\/div>\n
a sealed, tamper-evident shipping container; <\/span><\/div>\n
(2) affixing a label in compliance with 3 AAC 306.475 to the shipping container;<\/div>\n
and<\/div>\n
(3) generating a transport manifest from the marijuana cultivation facility\u2019s <\/span><\/div>\n
marijuana inventory system; the transport manifest must remain with the marijuana at all times<\/div>\n<\/div>\n
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while being transported, and a copy must be given to the licensed marijuana establishment that<\/div>\n
receives the shipment. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS <\/span>17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.475. Labeling of marijuana.<\/span> (a) When a licensed marijuana cultivation <\/span><\/div>\n
facility packages marijuana for a retail marijuana store to sell to a consumer without re–<\/span><\/div>\n
packaging, the marijuana cultivation facility shall affix a label to each package of marijuana or <\/span><\/div>\n
marijuana product that contains the following statements:<\/div>\n
(1) “Marijuana has intoxicating effects and may be habit forming;”<\/div>\n
(2) “Marijuana can impair concentration, coordination, and judgment. Do not<\/div>\n
operate a vehicle or machinery under its influence;”<\/div>\n
(3) “There may be health risks associated with consumption of marijuana;\u201d and<\/div>\n
(4) “For use only by adults twenty-one and older. Keep out of the reach of<\/div>\n
children”<\/div>\n
(5) \u201cMarijuana should not be used by women who are pregnant or breast feeding.\u201d<\/div>\n
(b) With each harvest batch of marijuana sold, a marijuana cultivation facility must <\/span><\/div>\n
disclose in writing<\/div>\n
(1) each soil amendment, fertilizer, and other crop production aid applied to the<\/div>\n
growing medium or marijuana plant included in the batch; and <\/span><\/div>\n
(2)<\/span> the name of the licensed marijuana testing facility that performed any <\/span><\/div>\n
required laboratory test and the results of each required laboratory test.<\/div>\n
(c) <\/span> A marijuana cultivation facility may not label marijuana <\/span>as organic unless permitted <\/span><\/span><\/div>\n
by the United States Department of Agriculture in accordance with 7 U.S.C. 6501 (Organic <\/span><\/div>\n<\/div>\n
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Foods Production Act of 1990).<\/div>\n
(d) A marijuana cultivation facility shall affix a label containing the following <\/span><\/div>\n
information to each package of marijuana sold to another marijuana establishment. <\/span><\/div>\n
(1) the name and license number of the marijuana cultivation facility where the <\/span><\/div>\n
marijuana was grown;<\/div>\n
(2) the harvest batch number assigned to the marijuana in the package; <\/span><\/div>\n
(3) the net weight of the marijuana in the package, not including weight of the<\/div>\n
shipping container, using a standard of measure compatible with the inventory tracking system;<\/div>\n
and<\/div>\n
(4) a complete list of all pesticides, fungicides, and herbicides used in cultivation<\/div>\n
of the marijuana.<\/div>\n
(e) If a marijuana cultivation facility transports wholesale marijuana to another <\/span><\/span><\/div>\n
marijuana establishment for sale at retail or for use in manufacturing a marijuana product, then a <\/span><\/div>\n
label must be affixed to the shipping container showing that a licensed marijuana testing facility<\/div>\n
has tested each harvest batch in the shipment as provided in 3 AAC 306.645. The label must<\/div>\n
report the test results, including the following information: <\/span><\/div>\n
(1) a cannabinoid potency profile expressed as a range of percentages that<\/div>\n
extends from the lowest percentage to highest percentage of concentration for each cannabinoid<\/div>\n
listed from every test conducted on that strain of marijuana from the same marijuana cultivation <\/span><\/div>\n
facility within the last three months;<\/div>\n
(2) a statement listing the results of microbial testing required by 3 AAC <\/span><\/span><\/div>\n
306.645(b)(2);<\/div>\n
(3) a statement listing the results of residual solvent testing required by 3 AAC <\/span><\/span><\/span><\/div>\n<\/div>\n
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306.645(b)(3), if applicable;<\/div>\n
(4) a statement listing any of the following contaminants for which the product<\/div>\n
was tested:<\/div>\n
(A) molds, mildew and filth, in addition to the testing required by 3 AAC <\/span><\/span><\/div>\n
306.645(b)(2);<\/div>\n
(B) herbicides, <\/span>pesticides, and fungicides; <\/span>and<\/div>\n
(C) harmful chemicals.<\/span><\/div>\n
(f) If a marijuana cultivation facility ships wholesale marijuana from a harvest batch that <\/span><\/div>\n
has not been tested for each contaminant listed in (e)(<\/span>4) of this section, the label for that batch <\/span><\/span><\/span><\/div>\n
must include a statement identifying each contaminant listed in (e)(<\/span>4) of this section for which <\/span><\/div>\n
that harvest batch has not been tested. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.480. Marijuana tax to be paid. <\/span>(a)<\/span> A <\/span>standard marijuana cultivation <\/span><\/div>\n
facility shall submit monthly reports to the Department of Revenue and pay the excise tax <\/span><\/span><\/div>\n
required under AS 43.61.010 and AS 43.61.020 on all marijuana sold, or provided as a sample to <\/span><\/span><\/div>\n
any marijuana establishment. <\/span><\/div>\n
(b) A marijuana cultivation broker facility shall submit monthly reports to the <\/span><\/div>\n
Department of Revenue and pay the excise tax required under AS 43.61.010 and AS 43.61.020<\/div>\n
on all marijuana it has obtained from a limited marijuana cultivation facility, including any <\/span><\/span><\/span><\/div>\n
sample provided to any other marijuana establishment. The broker shall agree to comply with<\/div>\n
this section in a written agreement with each limited marijuana cultivation facility from which it<\/div>\n
purchases marijuana, and shall provide a copy of the monthly report required under AS<\/div>\n<\/div>\n
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43.61.020 to each limited marijuana cultivation facility from which it purchases marijuana. If a<\/div>\n
marijuana cultivation broker facility fails to pay the required tax, the limited marijuana<\/div>\n
cultivation facility shall pay the required tax.<\/div>\n
(c) When a marijuana cultivation facility, including a marijuana cultivation broker<\/div>\n
facility, sells or distributes any marijuana to a retail marijuana store or a marijuana product <\/span><\/div>\n
manufacturing facility, the marijuana cultivation facility or marijuana cultivation broker must<\/div>\n
provide verification of tax payment to the purchaser. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.900 <\/span><\/span><\/div>\n
AS <\/span>17.38.030 AS 17.38.090 AS 43.61.010<\/div>\n
AS 17.38.070 AS 17.38.100 AS 43.61.020<\/div>\n
<\/div>\n
Article 5. Marijuana <\/span>Product Manufacturing Facilities. <\/span><\/span><\/div>\n
Section<\/div>\n
500. Marijuana product manufacturing facility license required<\/span><\/div>\n
505. Marijuana product manufacturing facility privileges <\/span><\/span><\/div>\n
510. Acts prohibited at marijuana product manufacturing facility <\/span><\/div>\n
515. Marijuana concentrate manufacturing facility license <\/span><\/span><\/div>\n
520. Application for marijuana product manufacturing facility license <\/span><\/div>\n
525. Approval of concentrates and marijuana products<\/div>\n
530. Marijuana handler permit and food safety worker training<\/div>\n
535. Restricted access <\/span>and storage area<\/span>s<\/div>\n
540. Marijuana inventory tracking system <\/span><\/div>\n
<\/div>\n
545. Health and safety standards<\/div>\n<\/div>\n
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550. Required laboratory testing<\/span><\/div>\n
555. Production of marijuana concentrate <\/span><\/div>\n
560. Potency limits per serving and transaction for edible marijuana products <\/span><\/span><\/div>\n
565. Packaging <\/span>of marijuana products<\/div>\n
570. Labeling<\/span> of marijuana products<\/div>\n
3 AAC 306.500. Marijuana product manufacturing facility license required<\/span>. (a) <\/span> A <\/span><\/span><\/span><\/span><\/div>\n
person may not extract marijuana concentrate for sale, or formulate or manufacture any <\/span><\/div>\n
marijuana product for sale unless that person has obtained a marijuana product manufacturing <\/span><\/div>\n
facility license from the board in compliance with this chapter, or is an employee or agent acting <\/span><\/span><\/div>\n
for a licensed marijuana product manufacturing facility. The board will issue <\/span><\/div>\n
(1) a standard marijuana product manufacturing facility license; and<\/div>\n
(2) a marijuana concentrate manufacturing facility license. <\/span><\/div>\n
(b) A person seeking any type of marijuana product manufacturing facility license must<\/span><\/div>\n
(1) submit an application for a marijuana product manufacturing facility license <\/span><\/div>\n
on a form the board prescribes, including the information set out at 3 AAC 306.020 and 3 AAC<\/div>\n
306.520; and<\/div>\n
(2) demonstrate to the board\u2019s satisfaction that it will operate in compliance with <\/span><\/div>\n
(A) <\/span> each applicable provision of 3 AAC 306.500 – 3 AAC 306.570 and 3<\/div>\n
AAC 306-700 – <\/span>3 AAC 306.755; and<\/span> <\/span><\/div>\n
(B) each <\/span><\/span>applicable public health, fire, safety<\/span>, and tax code and ordinance <\/span><\/span><\/div>\n
of the state and the local government in which the applicant\u2019s proposed licensed premises <\/span><\/span><\/div>\n
are located.<\/div>\n
(c) A licensee of any marijuana product manufacturing facility, or an employee or agent <\/span><\/div>\n<\/div>\n
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of a marijuana product manufacturing facility, may not have an ownership interest in, or a direct <\/span><\/div>\n
or indirect financial interest in any licensed marijuana testing facility. (Eff. ___\/___ \/____, <\/span><\/span><\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.505. Marijuana product manufacturing facility privileges. (a) Except as <\/span><\/span><\/span><\/div>\n
provided in 3 AAC 306.515, a licensed marijuana product manufacturing facility, including a<\/div>\n
marijuana concentrate manufacturing facility, is authorized to <\/span><\/span><\/div>\n
(1) purchase marijuana from a marijuana cultivation facility including a <\/span><\/div>\n
marijuana cultivation broker facility, or from another marijuana product manufacturing facility;<\/div>\n
(2) extract marijuana concentrate in compliance wi<\/span>th 3 AAC 306.555;<\/div>\n
(3) manufacture, refine, process, cook, package, label, and store marijuana<\/div>\n
products approved under 3 AAC 306.525, including<\/div>\n
(A) marijuana concentrate; or <\/span><\/div>\n
(B) any product intended for consumption or use on the body that is<\/div>\n
comprised of marijuana and other ingredients, including edible products, ointments, <\/span><\/div>\n
salves, patches, or tinctures;<\/div>\n
(4) sell, distribute, or deliver marijuana extract or any marijuana product only to a<\/div>\n
licensed retail marijuana store or to another licensed marijuana product manufacturing facility; <\/span><\/div>\n
(5) provide and transport samples of marijuana concentrate or other marijuana<\/div>\n
product to a certified marijuana testing lab for testing;<\/div>\n
(6) provide a sample of marijuana concentrate <\/span>or a marijuana product approved<\/div>\n
under 3 AAC 306.525 to a licensed retail marijuana store for the purpose of negotiating a sale; <\/span><\/div>\n<\/div>\n
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(7) store inventory in a restricted access area on the licensed premises as <\/span><\/div>\n
provided in 3 AAC 306.535; and<\/span><\/div>\n
(8) transport marijuana in compliance with 3 AAC 306.750; or<\/div>\n
(9) conduct in-house testing for the marijuana product manufacturing facility\u2019s <\/span><\/div>\n
own use. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.510. Acts prohibited at marijuana product manufacturing facility. (a) <\/span><\/span><\/div>\n
A licensed marijuana product manufacturing facility<\/span>, including a licensed marijuana concentrate<\/div>\n
manufacturing facility, may not <\/span><\/div>\n
(1) s<\/span>ell, deliver, distribute, or transfer marijuana, marijuana concentrate<\/span>, or a <\/span><\/div>\n
marijuana product directly to a consumer, with or without compensation;<\/div>\n
(2) sell<\/span> marijuana, marijuana concentrate,<\/span><\/span> or a marijuana product that is not <\/span><\/div>\n
manufactured, packaged<\/span>, and labele<\/span>d in compliance wi<\/span>th 3 AAC 306.500 \u2013 3 AAC 306.570;<\/div>\n
(3) <\/span> allow any person,<\/span> including a licensee, employee, or agent, to consume<\/div>\n
marijuana, marijuana concentrate, or a marijuana product on its licensed premises;<\/div>\n
(4) manufacture or sell any product that <\/span><\/span><\/div>\n
(A) is an adulterated food or drink;<\/div>\n
(B) is a marijuana product containing any food that requires temperature<\/span>–<\/div>\n
controlled storage to keep it safe for human consumption;<\/div>\n
(C) closely resembles any familiar food or drink item including candy; or<\/div>\n
(D) is packaged to look like candy, or in bright colors or with cartoon<\/div>\n
characters or other pictures or images that would appeal to children; and<\/div>\n<\/div>\n
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(5) operate in a location that is a retail or wholesale food establishment. <\/span><\/div>\n
(b) In this section, \u201cclosely resemble\u201d or \u201clook like\u201d means the product or its packaging has a shape, color, markings, or decorative patterns that are familiar to the public from a widely distributed branded food product, so that the marijuana product could easily be mistaken for that branded product, especially by children.<\/div>\n
(c) A marijuana product manufacturing facility may not accept any marijuana from a <\/span><\/div>\n
marijuana cultivation facility or another marijuana product manufacturing facility unless<\/div>\n
(1) all marijuana in the shipment is properly identified with a label generated in <\/span><\/span><\/span><\/div>\n
the marijuana inventory tracking system of the licensed marijuana establishment that provided the marijuana; and<\/div>\n
(2) a <\/span><\/span>valid transport manifest showing the source and destination of the marijuana<\/div>\n
is attached to the shipment.<\/div>\n
(d) A marijuana product manufacturing facility may not purchase or receive any <\/span><\/div>\n
marijuana from a marijuana cultivation facility, or another marijuana product manufacturing facility unless it receives evidence that tax due under AS 43.61.010 has been paid. If a marijuana <\/span>product manufacturing facility has marijuana on its premises without a certificate showing the excise tax imposed under AS 43.61.010 has been paid on that marijuana, the marijuana product manufacturing facility is liable for payment of the tax. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.090 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.100 AS 43.61.010<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.515. Marijuana concentrate manufacturing facility license.<\/span> <\/span> A licensed <\/span><\/span><\/div>\n
marijuana concentrate manufacturing facility has the privileges set out in 3 AAC 306.505, except <\/span><\/span><\/div>\n<\/div>\n
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that it may not<\/div>\n
(1) manufacture, refine, process, cook, package, label or store any marijuana<\/div>\n
product other than marijuana concentrate;<\/div>\n
(2) sell, distribute, or deliver any marijuana product other than marijuana <\/span><\/div>\n
concentrate to a retail marijuana store or to another marijuana product manufacturing facility;<\/div>\n
(3) provide and transport a sample of any marijuana product other than marijuana<\/div>\n
concentrate to a licensed marijuana testing lab for testing; or <\/span><\/div>\n
(4) provide samples of any product other than marijuana concentrate to a licensed<\/div>\n
retail marijuana store for purposes of negotiating a sale. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.520. Application for marijuana product manufacturing facility license.<\/div>\n
An applicant for a marijuana product manufacturing facility license, including a marijuana <\/span>concentrate manufacturing facility, must file an application on a form the board prescribes, and <\/span><\/span>provide the <\/span>information required under 3 AAC 306.020 and the following:<\/div>\n
(1) a copy of <\/span>a food safety permit if <\/span>required under 18 AAC 31.020;<\/div>\n
(2) a diagram of the proposed licensed premises required in 3 AAC 306.020(b)<\/span>,<\/div>\n
identifying the area where<\/div>\n
(A) in<\/span>–house testing, if any, will occur; and <\/span><\/div>\n
(B) marijuana and any marijuana product, including marijuana<\/div>\n
concentrate, will be stored;<\/div>\n
(3) in the applicant\u2019s operating plan required under 3 AAC 306.020(c), a<\/div>\n
description of<\/div>\n<\/div>\n
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(A) the equipment and solvents, gases, chemicals, and other compounds<\/div>\n
used to create concentrates and the processes to be used;<\/div>\n
(B) each marijuana product the applicant intends to process at this<\/div>\n
location; the product description must include the color, shape, texture, ingredients and standard production procedure to be used and the additional information required for product approval in 3 AAC 306.525;<\/div>\n
(C) the packaging to be used for each type of product; and<\/div>\n
(D) sample labels showing how the labeling information required in<\/div>\n
3 \u00c5AC<\/span> 306.570 will be set out; and<\/span><\/div>\n
(E) the applicant\u2019s plan for disposal of waste. (Eff. ___\/___ \/____,<\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17<\/span>.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
Editor\u2019s note:<\/span> The form for an application for a marijuana product manufacturing <\/span><\/div>\n
facility license or a marijuana concentrate manufacturing license is available online as provided in the editor\u2019s note under 3 AAC 306.020.<\/div>\n
<\/div>\n
3 AAC 306.525. Approval of concentrates and marijuana products. (a) A marijuana <\/span><\/div>\n
product manufacturing facility, including a marijuana concentrate manufacturing facility, must <\/span><\/span><\/span>obtain the board\u2019s approval for each product it will manufacture for sale or transfer to another <\/span>licensed marijuana establishment. The board will not approve<\/div>\n
(1) any marijuana concentrate <\/span>or product intended for sale directly to a consumer<\/div>\n
if the concentrate or product will have THC potency equal to or greater than 76 percent; or<\/div>\n
(2) any product that is prohibited under 3 AAC 306.510(a)(4).<\/div>\n
(b) A<\/span>n applicant for a marijuana product manufacturing facility license may request the <\/span><\/div>\n<\/div>\n
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board\u2019s approval of its intended products with a new license application by including, in its operating plan<\/div>\n
(1) <\/span> a <\/span>photograph, drawing, or graphic representation of the expected appearance <\/span><\/div>\n
of each final product; <\/span><\/span>and <\/span><\/div>\n
(2) <\/span>the proposed standard production procedure and detailed manufacturing<\/div>\n
process for each product. <\/span><\/div>\n
(c) A licensed marijuana product manufacturing facility may at any time submit a new <\/span><\/div>\n
product approval request to the board on a form the board prescribes along with a fee of $250.<\/div>\n
(d) A licensed marijuana product manufacturing facility shall keep its ingredient list and <\/span><\/div>\n
potency limits for any food product containing marijuana on file at the marijuana product manufacturing facility\u2019s licensed premises. The ingredient list and potency limits for any product manufactured at the facility must be made available for inspection on request by the <\/span><\/span>director, or an employee or agent of the board. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.530. Marijuana handler permit and food safety worker training. (a)<\/span><\/span> A <\/span><\/div>\n
marijuana product manufacturing facility shall ensure that each licensee, employee, or agent <\/span><\/span><\/div>\n
(1) obtains a marijuana handler permit as provided in 3 AAC 306.700 before<\/div>\n
being present or employed at the marijuana product manufacturing facility\u2019s licensed premises; <\/span><\/div>\n
and<\/div>\n
(2) has the marijuana handler permit card in the person\u2019s immediate possession at<\/div>\n
all times while on the marijuana product manufacturing facility\u2019s licensed premises.<\/div>\n
(b) A licensee, e<\/span><\/span><\/span>mployee, or agent of a licensed marijuana product manufacturing<\/div>\n<\/div>\n
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facility who handles marijuana at the facility shall obtain a food safety worker card in<\/div>\n
compliance with AS 18.31.330, and keep that card in that person\u2019s possession at all times while<\/div>\n
on the licensed premises of the marijuana product manufacturing facility. <\/span> (Eff. ___\/___ \/____,<\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.535. Restricted access and storage areas. (a)<\/span> A marijuana product <\/span><\/div>\n
manufacturing facility shall conduct any extraction or product manufacturing operation in a<\/div>\n
restricted area in compliance with 3 AAC 306.710.<\/div>\n
(b) A marijuana product manufacturing facility shall have full video surveillance of the <\/span><\/span><\/div>\n
licensed premises as provided in 3 AAC 306.720, including any area where <\/span><\/div>\n
(1) marijuana concentrate is produced;<\/div>\n
(2) any operation involved in manufacturing any product containing marijuana<\/div>\n
occurs,<\/div>\n
(3) marijuana <\/span><\/span>or a marijuana product is <\/span>stored or stockpiled; or<\/div>\n
(4) marijuana waste is <\/span>destroyed.<\/span><\/div>\n
(c) Any area where marijuana or a marijuana product is stored must be moisture and<\/div>\n
temperature controlled and protected from pests and vermin. (Eff. ___\/___ \/____, Register<\/div>\n
____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.540. Marijuana inventory tracking system. (a) A marijuana product <\/span><\/div>\n
manufacturing facility shall<\/span> use a marijuana inventory tracking system as pr<\/span>ovided in 3 AAC <\/span><\/span><\/div>\n<\/div>\n
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306.730 to ensure that the marijuana product manufacturing facility identifies and tracks any <\/span>marijuana or marijuana product from the time the marijuana or marijuana product is received, <\/span>through<\/div>\n
(1) use of the marijuana or marijuana product in manufacturing any other<\/div>\n
marijuana product;<\/div>\n
(2) sale or transfer of the marijuana or marijuana product originally received, or<\/div>\n
any marijuana product manufactured at that marijuana product manufacturing facility to another licensed marijuana establishment; and <\/span><\/div>\n
(3) disposal of any expired or outdated marijuana or marijuana product that is not<\/div>\n
sold or transferred to another licensed marijuana establishment.<\/div>\n
(b) When marijuana from a marijuana cultivation facility or marijuana product from <\/span><\/span><\/span><\/span><\/div>\n
another marijuana product manufacturing facility is delivered or transported to the licensed <\/span><\/span><\/span>premises of a marijuana product manufacturing facility, the <\/span>marijuana product manufacturing facility shall immediately enter tracking information for that marijuana or marijuana product into <\/span>the inventory tracking system. A marijuana product manufacturing facility may not accept any <\/span><\/span><\/span><\/span>marijuana or marijuana product that does not have a valid transport manifest generated from the <\/span>marijuana inventory tracking system of the licensed marijuana establishment that supplies the <\/span><\/span>marijuana or marijuana product.<\/div>\n
(c) A marijuana product manufacturing facility shall track any received marijuana or <\/span><\/span><\/span><\/span><\/div>\n
marijuana product to its use in a marijuana product, and shall reconcile each transaction to its <\/span><\/span>inventory tracking system at the close of business each day.<\/div>\n
(d) A marijuana product manufacturing facility shall account for any variance in the <\/span><\/span><\/span><\/span><\/span><\/div>\n
quantity of marijuana or marijuana product the facility received<\/span>, and the quantity the facilit<\/span>y <\/span><\/span><\/div>\n<\/div>\n
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sold, transferred<\/span>, or disposed of. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.545. Health and safety standards. (a) A<\/span><\/span> marijuana <\/span>product manufacturing <\/span><\/span><\/div>\n
facility shall<\/span> comply with the health and safety standards set out in 3 AAC 306.735, the Alaska <\/span><\/span>Food Safety Code, 18 AAC 31, if applicable, and any local kitchen<\/span><\/span>–related health and safety <\/span>standards for retail food establishments.<\/div>\n
(b) In a<\/span>ddition to inspection by the director or an employee or agent of the board, a<\/div>\n
marijuana product manufacturing facility is subject to inspection by local safety officials, <\/span>including a local fire department, building inspector, or code enforcement officer. (Eff. ___\/___<\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.550. Required laboratory testing. (a) A<\/span> marijuana <\/span>product manufacturing <\/span><\/span><\/div>\n
facility shall provide a sample of each marijuana product manufactured at the facility to a <\/span><\/span>licensed marijuana testing facility, and may not sell or transport any marijuana product until all <\/span><\/span>laboratory testing required by 3 AAC 306.645 has been completed.<\/div>\n
(b<\/span>) To comply with (a) of this section, a marijuana<\/span> product manufacturing facility shall <\/span><\/div>\n
(1) collect a random sample for testing by selecting a product from each <\/span><\/div>\n
production lot in an amount required by the marijuana testing facility;<\/div>\n
(2) designate an individual responsible for collecting each sample; that individual <\/span><\/div>\n
shall<\/div>\n
(A) prepare a<\/span> signed statement<\/span> showing that each sample has been <\/span><\/div>\n<\/div>\n
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randomly selected for testing;<\/div>\n
(B) provide the signed statement<\/span> to the marijuana testing facility; and <\/span><\/div>\n
(C) maintain a copy as a <\/span>business record under 3 AAC 306.755, and<\/div>\n
(3) transport the sample to the marijuana testing facility in compliance with <\/span><\/div>\n
3 AAC<\/span> 306.750.<\/div>\n
(c) After collecting and transporting a sample for testing, a marijuana product <\/span><\/span><\/span><\/div>\n
manufacturing facility shall segregate the entire production lot from which the testing sample<\/div>\n
was selected until the marijuana testing facility reports the results from its tests. During this period of segregation, the marijuana product manufacturing facility that provided the sample <\/span>shall maintain the production lot in a secure, cool, and dry location to prevent the marijuana product from becoming contaminated or losing its efficacy. The marijuana product <\/span>manufacturing facility may not sell or transport any marijuana product from the segregated lot <\/span>until the marijuana testing facility has completed its testing and analysis and provided those results, in writing, to the marijuana product manufacturing facility that provided the sample. The <\/span><\/span>marijuana product manufacturing facility shall maintain the testing results as part of its business <\/span><\/span><\/div>\n
records. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.555. Production of marijuana concentrate. (a)<\/span> Before<\/span> producing any <\/span><\/span><\/div>\n
marijuana concentrate for sale, a marijuana product <\/span><\/span>manufacturing facility shall develop standard <\/span><\/span><\/span>operating procedures, good manufacturing practices, a safety plan, and <\/span>a training plan <\/span>for each <\/span>individual employed in an extraction process.<\/div>\n
(b) A marijuana product manufacturing facility may create marijuana concentrates only <\/span><\/span><\/div>\n<\/div>\n
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as follows:<\/div>\n
(1) water<\/span>–based marijuana concentrate may be produced by extracting <\/span><\/div>\n
cannabinoids from marijuana by using only water, ice or dry ice;<\/div>\n
(2) food<\/span>–based marijuana concentrate may be produced by extracting <\/span><\/div>\n
cannabinoids from marijuana through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats; infused dairy butter and oils or fats derived from natural sources may be used to prepare infused edible products, but may not be prepared as stand-alone edible <\/span>products for sale;<\/div>\n
(3) solvent-based marijuana concentrate may be produced using the <\/span>hydrocarbons<\/div>\n
N-butane, isobutane, propane, or heptane or other solvents or gases the board approves that exhibit low to minimal potential human health–related toxicity<\/span>; approved solvents must be of at <\/span>least ninety-nine percent purity and must be used <\/span><\/div>\n
(A) <\/span>in a professional grade closed loop extraction system design<\/span>ed to<\/div>\n
recover the solvents;<\/div>\n
(B) <\/span> in an environment with proper ventilation; and<\/div>\n
(C) with control of all sources of ignition if a flammable atmosphere is or <\/span><\/div>\n
may be present. <\/span><\/div>\n
(c<\/span>) A marijuana product manufacturing facility using a professional grade closed loop <\/span><\/span><\/span>gas extraction system must <\/span><\/span>ensure that<\/div>\n
(1)<\/span> every vessel is<\/span><\/span> used in compliance with the manufacturer\u2019s stated pressure <\/span><\/div>\n
ratings; <\/span><\/div>\n
(2) any CO2 used is of at least ninety<\/span>–nine percent purity<\/span>; <\/span><\/span><\/span><\/div>\n
(3) a<\/span>ny person using a <\/span>solvent or gas to extract<\/span> marijuana concentrate<\/span> in the<\/div>\n<\/div>\n
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closed looped system must be fully trained on how to use the system, have direct access to applicable material safety data sheets, and handle and stor<\/span>e the solvent and gas safely;<\/div>\n
(4) a<\/span> licensed engineer has<\/span> certified<\/span> that <\/span>the professional grade closed loop<\/div>\n
system was commercially manufactured, is safe for its intended use, and is <\/span>built to codes of <\/span><\/span>recognized and generally accepted engineering practices; <\/span><\/div>\n
(5) <\/span> any p<\/span>rofessional grade closed loop system, and other equipment and facilities<\/div>\n
used in the extraction process <\/span>must be approved for their use by the local fire code official and must meet any applicable fire, safety, and building code requirements. <\/span><\/span><\/div>\n
(d) <\/span> A marijuana product manufacturing facility may use heat, screens, presses, steam <\/span><\/span><\/div>\n
distillation, ice water, and other methods without employing solvents or gases to create kief, hashish, bubble hash, infused dairy butter, or oils or fats derived from natural sources, and other extracts.<\/div>\n
(e) A marijuana product manufacturing facility may use food grade glycerin, ethanol, <\/span><\/span><\/span><\/div>\n
and propylene glycol solvents to create extracts. All ethanol must be removed from the extract in<\/div>\n
a manner to recapture the solvent and ensure that it is not vented into the atmosphere. (Eff. <\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.560. Potency limits per serving and transaction for edible <\/span>marijuana<\/div>\n
products. (a) <\/span>A marijuana product manufacturing facility may not prepare any product with <\/span><\/span>potency levels exceeding the following, as tested in compliance with 3 AAC 306.645:<\/div>\n
(1) for a single serving of marijuana product, five milligrams active <\/span><\/div>\n
tetrahydrocannabinol (THC) or Delta 9;<\/div>\n<\/div>\n
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(2) in a single packaged unit of marijuana product to be eaten or swallowed, not<\/div>\n
more than ten servings, or fifty milligrams of active THC or Delta 9; the THC content must be homogenous, or evenly distributed throughout the marijuana infused product. (Eff. ___\/___<\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.565. Packaging of marijuana products. (a)<\/span> A marij<\/span>uana product <\/span><\/div>\n
manufacturing facility shall observe the potency limits set out in 3 AAC 306.560 in packaging <\/span><\/div>\n
each product for resale by a retail marijuana store.<\/div>\n
(b) <\/span>A container or packaging for any edible <\/span>marijuana product produced by a marijuana<\/div>\n
product manufacturing facility must be <\/span>designed or constructed in compliance with 16 C.F.R. <\/span><\/span><\/div>\n
1700.01 \u2013 1700.20, as amended Dec. 30, 1983 to be significantly difficult for children under five<\/div>\n
years of age to open; but not normally difficult for adults to use properly. The container or <\/span><\/span><\/div>\n
packaging may not have any printed images, including cartoon characters, that specifically target <\/span><\/div>\n
individuals under the age of 21. In addition, the packaging must<\/div>\n
(1) <\/span>protect the product from contamination and not impart any toxic or damaging <\/span><\/span><\/div>\n
substance to the product;<\/div>\n
(2)<\/span> be <\/span>four mil or greater thickness plastic, heat sealed and with no easy-open<\/div>\n
corner, dimple or flap; marijuana product in liquid form may also be sealed using a metal crown <\/span><\/div>\n
product;<\/div>\n
(3) be <\/span>opaque so that <\/span>the product cannot be seen without opening the packaging <\/span><\/div>\n
material;<\/div>\n
(4) if the marijuana package contains multiple servings or is intended for more<\/div>\n<\/div>\n
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than a single use, the packaging must be resealable to childproof standards in compliance with<\/div>\n
C.F.R. 1700.01 \u2013 1700.20, as amended Dec. 30, 198; and<\/div>\n
(5) <\/span> if the marijuana product contains multiple servings, <\/span>the product itself must <\/span><\/div>\n
have markings or demarcations clearly delineating each serving of the product. For liquid marijuana products with multiple servings the packaging must indicate the number and size of <\/span>individual servings.<\/div>\n
(c) A<\/span> licensed marijuana product manufacturing facility may transfer <\/span>marijuana products <\/span><\/span>that are not edible marijuana products to another licensed facility in wholesale packages not to <\/span>exceed 5 pounds.<\/div>\n
(d) <\/span> Each package<\/span>d marijuana product must be identified by a tracking label generated by <\/span><\/span>the marijuana product manufacturing facility\u2019s marijuana inventory control system.<\/div>\n
(e) A licensed marijuana product manufacturing facility shall prepare marijuana products for transfer to another marijuana establishment by<\/div>\n
(1) placing marijuana <\/span>products within a sealed, tamper-evident shipping <\/span><\/span><\/div>\n
container;<\/div>\n
(2) affixing a label that complies<\/span><\/span> with 3 AAC 306.570(d)<\/span> to the shipping<\/div>\n
container; and<\/div>\n
(3) generating a transport manifest from the marijuana product manufacturing<\/div>\n
facility\u2019s marijuana inventory system; the transport manifest must remain with the marijuana products at all times while being transported, and a copy must be given to the licensed marijuana establishment that receives the shipment. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n<\/div>\n
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3 AAC 306.570. Labeling<\/span> of marijuana products. (a) With each production lot of <\/span><\/span><\/span><\/div>\n
marijuana product sold, a marijuana product manufacturing facility must disclose in writing the name of the licensed marijuana testing facility that performed any required test and the results of each required test. <\/span><\/div>\n
(b) <\/span> A marijuana product may not be labeled as organic unless permitted by the United States Department of Agriculture in compliance <\/span>with 7 U.S.C. 6501 (Organic Foods Production <\/span>Act of 1990). <\/span><\/div>\n
(c) A marijuana <\/span>product manufacturing facility shall affix a label containing the <\/span><\/span><\/span><\/span><\/div>\n
following information to each package of marijuana product sold to a retail store for resale to a consumer:<\/div>\n
(1) the name and license number of the marijuana product manufacturing facility<\/div>\n
where the marijuana product was prepared;<\/div>\n
(2) the production lot number assigned to the product in the package;<\/div>\n
(3) the net weight of the product in the package, not including weight of<\/div>\n
packaging, using a standard of measure compatible with the inventory tracking system;<\/div>\n
(4) <\/span> a label containing the following statements: <\/span><\/div>\n
(A) “Marijuana has intoxicating effects and may be habit forming;”<\/div>\n
(B) “Marijuana can impair concentration, coordination, and judgment. Do<\/div>\n
not operate a vehicle or machinery under its influence;”<\/div>\n
(C) “Th<\/span>ere may be health risks associated with consumption of<\/div>\n
marijuana;\u201d and<\/div>\n
(D) “For use only by adults twenty-one and older. Keep out of the reach of<\/div>\n
children”<\/div>\n<\/div>\n
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(E) \u201cMarijuana should not be used by women who are pregnant or breast<\/div>\n
feeding.\u201d<\/div>\n
(d) A mari<\/span>juana product manufacturing facility transporting marijuana product to a<\/div>\n
retail marijuana store shall affix a label to the shipping container showing that a licensed marijuana testing facility has tested each lot of marijuana product in the shipment and giving the <\/span>test results, including the following information:<\/div>\n
(1) a cannabinoid potency profile expressed as a range of percentages that<\/div>\n
extends from the lowest percentage to highest percentage of concentration for each cannabinoid<\/div>\n
listed from every test conducted on that production lot from the same marijuana product <\/span>manufacturing facility within the last three months;<\/div>\n
(2) a statement listing the results of microbial testing required by 3 AAC <\/span><\/div>\n
306.645(b)(2);<\/div>\n
(3) a statement listing the results of residual solvent testing required by 3 AAC <\/span><\/span><\/div>\n
306.645(b)(3), if applicable;<\/div>\n
(4) a statement listing any of the following contaminants for which the product<\/div>\n
was tested:<\/div>\n
(A) molds, mildew and filth, in addition to the testing required by <\/span><\/span><\/div>\n
3 AAC 306.645(b)(2); <\/span><\/div>\n
(B) herbicides, pesticides, and fungicides, and<\/div>\n
(C) harmful chemicals.<\/span><\/div>\n
(e) If a marijuana product manufacturing facility ships wholesale marijuana product from <\/span>a production lot of marijuana product that has not been tested for each contaminant listed in <\/span>(d)(4) of this section, the label for that lot must include a statement identifying each contaminant <\/span><\/span><\/div>\n<\/div>\n
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listed in (d)(4) of this section for which that lot has not been tested. (Eff. ___\/___ \/____, <\/span><\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
<\/div>\n
Article 6. Marijuana Testing Facilities. <\/span><\/span><\/div>\n
Section<\/div>\n
600. Applicability<\/div>\n
605. Marijuana testing facility license required<\/div>\n
610. Marijuana testing facilities: privileges and prohibitions <\/span><\/div>\n
615. Application for marijuana testing facility license<\/div>\n
620. Approval of testing facility<\/div>\n
625. Proficiency testing program<\/div>\n
630. Scientific director<\/div>\n
635. Testing methodologies<\/div>\n
640. Standard operating procedure manual<\/div>\n
645. Laboratory te<\/span>sting of marijuana and marijuana products<\/div>\n
650. Chain of custody<\/div>\n
655. Marijuana inventory tracking system<\/div>\n
660. Failed materials, retests<\/div>\n
665. Supplemental marijuana quality testing<\/div>\n
670. Reporting, verification<\/div>\n
675. Records retention<\/div>\n<\/div>\n
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3 AAC 306.600. Applicability. (a) The provisions of 3 AAC 306.600 – 3 AAC <\/span><\/span><\/span><\/span><\/span><\/div>\n
306.675 apply to any person offering any service testing, analyzing, or certifying potency, moisture content, pesticide or solvent residue, mold, mildew, bacteria, or other contaminant in marijuana or any marijuana product to any other person including a marijuana establishment or <\/span>any member of the public, whether for compensation or not, as a independent or third party testing facility.<\/div>\n
(b) The provisions of 3 AAC 306.600 – 3 AAC 306.675 do not apply to any licensed<\/div>\n
marijuana establishment that controls marijuana testing equipment used solely for its own in–<\/span>house testing of its own cultivated crop, of products produced or manufactured at its own facility, or of retail products placed or offered for sale in its marijuana retail store. (Eff. ___\/___ <\/span><\/span><\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.605. Marijuana testing facility license required. <\/span><\/span>(a<\/span>) A <\/span>person may not<\/div>\n
offer or provide any marijuana testing service or test results unless the person has obtained a <\/span>marijuana testing facility license from the board in compliance with this chapter, or is an <\/span>employee or agent acting for a licensed marijuana testing facility. <\/span><\/span><\/div>\n
(b) A person seeking a marijuana testing facility license must <\/span><\/div>\n
(1) submit an application for a marijuana testing facility license on a form the <\/span><\/div>\n
board prescribes, including the information set out at 3 AAC 306.020 and 3 AAC 306.615; and<\/div>\n
(2) demonstrate to the board\u2019s satisfaction that the applicant will operate in <\/span><\/div>\n
compliance with<\/div>\n
(A) each <\/span><\/span>applicable provision of 3 AAC 306.600 \u2013 3 AAC 306.675, and<\/div>\n<\/div>\n
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3 AAC 306.700 – 3 AAC 306<\/span>.755; and<\/div>\n
(B) each applicable public health, fire, safety<\/span>, and tax code and ordinance<\/div>\n
of the state and the local government in which the applicant\u2019s proposed licensed premises are located.<\/div>\n
(C) does not hold any marijuana establishment license in Alaska other<\/div>\n
than a testing facility license, or have any financial interest in common with any person <\/span>who is a licensee of a marijuana establishment in Alaska other than a testing facility license; and<\/div>\n
(D) meets the board\u2019s standards for approval as set out in 3 AAC <\/span>306.620<\/div>\n
– 3 AAC 306.625.<\/div>\n
(c) A licensee of any<\/span> marijuana testing facility, or an employee or agent of a licensed <\/span><\/div>\n
marijuana testing facility may not have an ownership interest in, or a direct or indirect financial interest in any other licensed marijuana establishment. (Eff. ___\/___ \/____, Register ____) <\/span> <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.610. Marijuana testing<\/span> facilities: privileges and prohibitions. (a) A <\/span><\/span><\/span><\/span><\/div>\n
licensed marijuana testing facility may have any amount of marijuana and marijuana product on <\/span>its premises at any given time provided that <\/span>the testing facility\u2019s marijuana inventory tracking system and other records document that all marijuana and marijuana products are on the premises only for the testing purposes described in 3 AAC 306.600 \u2013 3 AAC 3306.675.<\/div>\n
(b) A licensed marijuana testing facility may not <\/span><\/div>\n
(1) have any licensee, employee, or agent <\/span>who holds any type of marijuana <\/span><\/div>\n
establishment license other than a marijuana testing facility license issued under this chapter;<\/div>\n<\/div>\n
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(2) sell, deliver, distribute, or transfer any marijuana or marijuana product to a<\/div>\n
consumer, with or without compensation; or<\/div>\n
(3) allow any person to consume marijuana or marijuana product on its licensed<\/div>\n
premises. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.615. Application for marijuana testing facility license. An applicant for a <\/span><\/div>\n
new marijuana testing facility license must file an application on a form the board prescribes, <\/span><\/span><\/span><\/div>\n
including<\/div>\n
(1) the information required under 3 AAC 306.020; and<\/div>\n
(2) the proposed marijuana testing facility\u2019s operating plan, including, in addition<\/div>\n
to the information required under 3 AAC 306.020(c), the following: <\/span><\/div>\n
(A) each test the marijuana testing facility will offer; <\/span><\/div>\n
(B) the facility\u2019s standard operating procedure for each test the facility <\/span><\/div>\n
will offer; and<\/div>\n
(C) the acceptable range of results for each test the facility will offer. <\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.620. Approval of testing facility. (a) <\/span>A person seeking a marijuana testing<\/div>\n
facility license must first obtain the approval of the board or the board\u2019s contractor by showing <\/span><\/span><\/div>\n
competence to perform each test the licensee will offer as an independent third party testing <\/span><\/div>\n
facility, including tests to identify<\/span> <\/span><\/div>\n<\/div>\n
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(1) THC, THCA, CBD, CBDA and CBN potency;<\/div>\n
(2) harmful microbials including E. coli or salmonella;<\/div>\n
(3) residual solvents;<\/div>\n
(4) poisons or toxins;<\/div>\n
(5) harmful chemicals; <\/span><\/div>\n
(6) dangerous molds, mildew or filth; <\/span><\/div>\n
(7) pesticides.<\/span><\/div>\n
(b) <\/span>In evaluating whether a person has shown competence in testing<\/span> under this section, <\/span><\/div>\n
the board or the board\u2019s contractor may <\/span><\/div>\n
(1) conduct an on-site inspection of the applicant\u2019s premises; <\/span><\/div>\n
(2) require the applicant to demonstrate proficiency in testing; and<\/span> <\/span><\/span><\/span><\/div>\n
(3) examine co<\/span>mpliance with any applicable requirement of <\/span>3 AAC 306.630 – <\/span><\/span><\/span><\/div>\n
3AAC 306.675, and 3 AAC 306.700 – 3AAC 306.755, including<\/div>\n
(A) qualifications of personnel;<\/div>\n
(B) standard operating proce<\/span>dure for each testing methodology the facility<\/div>\n
will use;<\/div>\n
(C) proficiency testing results; <\/span><\/div>\n
(D) quality control and quality assurance;<\/div>\n
(E) security;<\/span><\/div>\n
(F) chain of custody;<\/div>\n
(G) specimen retention; <\/span><\/div>\n
(H) space; <\/span><\/div>\n
(I) records<\/span>; and<\/div>\n<\/div>\n
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(J) reporting of results. <\/span><\/div>\n
(c) In this section, \u201capproval\u201d means the board or its contractor has examined the<\/div>\n
qualifications and procedures of the marijuana testing facility license applicant and found them<\/div>\n
generally in compliance with good laboratory practices; \u201capproval\u201d does not mean the board<\/div>\n
guarantees that the testing facility can or will protect the public from all potential hazards of<\/div>\n
marijuana including microbials, poisons or toxins, residual solvents, pesticides, or other<\/div>\n
contaminants. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.625. Proficiency testing program.<\/span> (a) When an accredited proficiency <\/span><\/span><\/div>\n
testing program becomes available in the state, the board may require an applicant for a <\/span><\/div>\n
marijuana testing facility license to participate successfully in a proficiency testing program<\/div>\n
within 12 months before receiving a license. The proficiency testing program must require an<\/div>\n
applicant for a marijuana testing facility license or a participating licensed marijuana testing <\/span><\/div>\n
facility to analyze test samples using the same procedures with the same number of replicate <\/span><\/div>\n
analyses, standards, testing analysts, and equipment that will be<\/span> used for product testing. <\/span><\/div>\n
Successful participation means the positive identification of 80 percent of the target analytes that <\/span><\/div>\n
the testing facility reports, and must include quantitative results when applicable. Any false <\/span><\/span><\/div>\n
positive results reported will be considered an unsatisfactory score for the proficiency test.<\/span><\/div>\n
(b) Before renewing the license of a marijuana testing facility<\/span><\/span>, the board may require the<\/div>\n
facility to participate in a proficiency testing program with documentation of continued <\/span><\/div>\n
performance satisfactory to the board. The license of a marijuana testing facility may be limited, <\/span><\/div>\n
suspended, or revoked if the facility fails to participate and receive a passing score in a<\/div>\n<\/div>\n
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proficiency testing program.<\/div>\n
(c) The scientific director and each testing a<\/span>nalyst of an applicant for a marijuana testing<\/div>\n
facility license and a licensed marijuana testing facility that participated in a proficiency test <\/span><\/span><\/div>\n
shall sign a corresponding attestation statement. The scientific director must review and evaluate<\/div>\n
each proficiency test result. <\/span><\/div>\n
(d) An applicant for a marijuana testing facility license, and a licensed marijuana testing <\/span><\/div>\n
facility participating in the proficiency testing program, shall take and document remedial action <\/span><\/div>\n
when the applicant or the facility meets the standards of (a) of this section, but scores less than <\/span><\/div>\n
100 percent in a proficiency test. \u201cRemedial action\u201d means the marijuana testing facility\u2019s<\/div>\n
scientific director shall, at a minimum, review all samples tested and results reported after the <\/span><\/div>\n
date of the marijuana testing facility\u2019s last successful proficiency test. (Eff. ___\/___ \/____, <\/span><\/span><\/div>\n
Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.630. Scientific director. (a)<\/span><\/span> A marijuana testing facility must employ a <\/span><\/div>\n
scientific director who must be responsible for <\/span><\/div>\n
(1) overseeing and directing the lab<\/span>oratory\u2019s scientific methods; <\/span><\/div>\n
(2) e<\/span>nsuring that the laboratory achieves and maintains quality standards of<\/div>\n
practice; and<\/div>\n
(3) s<\/span>upervising all staff of the laboratory. <\/span><\/div>\n
(b)<\/span> The scientific director of a marijuana testing facility must have the following <\/span><\/span><\/div>\n
qualifications:<\/div>\n
(1) a<\/span> doctorate degree in chemical or biological sciences from an accredited <\/span><\/div>\n<\/div>\n
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college or university and have at least 2 years of post-degree laboratory experience;<\/span><\/div>\n
(2)<\/span> a master\u2019s degree in chemical or biological sciences from an accredited <\/span><\/span><\/div>\n
college or university and have at least 4 years of post<\/span>–degree laboratory experience; o<\/span>r<\/div>\n
(3) a<\/span> bachelor\u2019s degree in chemical or biological sciences from an accredited <\/span><\/div>\n
college or university and have at least 6 years of post-degree laboratory experience. <\/span> (Eff. <\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.635. Testing methodologies. (a)<\/span> An applicant for a marijuana testing <\/span><\/span><\/div>\n
facility license and a licensed marijuana testing facility shall<\/div>\n
(1) use the following materials, which are hereby adopted by reference, as <\/span><\/div>\n
guidelines or references for testing methodologies:<\/div>\n
(A) <\/span>Cannabis Inflorescence: Standards of Identity, Analysis, and Quality <\/span><\/div>\n
Control, Revision 2014 published by the American Herbal Pharmacopoeia; and<\/span> <\/span><\/div>\n
(B) U<\/span>nited Nations Office on Drugs and Crime<\/span>: Recommended methods<\/div>\n
for the identification and analysis of cannabis and cannabis products: Manual for use by national<\/div>\n
drug analysis laboratories (2009).<\/div>\n
(2) notify the board of any alternative scientifically valid testing methodology the <\/span><\/div>\n
facility proposes to use for any<\/span><\/span> laboratory test it conducts; the board may require third-party <\/span><\/div>\n
validation of any monograph, peer reviewed scientific journal article, or analytical method the<\/div>\n
marijuana testing facility proposes to follow to ensure the methodology produces comparable<\/div>\n
and accurate results.<\/div>\n
(b)<\/span> An applicant for a marijuana testing facility license and the holder of a <\/span>marijuana <\/span><\/div>\n<\/div>\n
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testing facility license must be familiar with, and to the extent possible, integrate into the <\/span><\/div>\n
facility\u2019s operations the good laboratory practices <\/span>set out in the following materials, hereby<\/div>\n
adopted by reference<\/div>\n
(1) <\/span>21 C.F.R. 58, as revised as of<\/span> Dec. 22, 1978; and<\/span><\/div>\n
(2) <\/span> Principles of Good Laboratory Practice and Compliance Monitoring<\/span><\/div>\n
published by the Organization for Economic Co-operation and Development (OECD), as revised <\/span><\/div>\n
as of 1999. <\/span><\/div>\n
(c) The board or the board\u2019s contractor may inspect the practices, procedures, and<\/div>\n
programs adopted, followed, and maintained by the applicant or the licensed marijuana testing<\/div>\n
facility; and may examine all records of the applicant or the licensed marijuana testing facility<\/div>\n
that are related to the inspection. The board may require an applicant or a licensed marijuana <\/span><\/div>\n
testing facility to have an independent third party inspect and monitor laboratory operations to<\/div>\n
assess testing competency and the facility\u2019s compliance with its quality program. The board may<\/div>\n
require random validation of a marijuana testing facility\u2019s execution of all testing methodologies<\/div>\n
the facility uses. The marijuana testing facility must pay all costs of validation. (Eff. ___\/___ <\/span><\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
Editor\u2019s note:<\/span> Cannabis Inflorescence: Standards of Identity, Analysis, and Quality <\/span><\/div>\n
Control, Revision 2014, published by the American Herbal Pharmacopoeia may be obtained <\/span><\/div>\n
from the American Herbal Pharmacopoeia, P.O. Box 66809, Scotts Valley, California 95067, or <\/span><\/div>\n
at the Internet address http:\/\/www.herbal-ahp.org\/<\/div>\n
<\/div>\n
United Nations Office on Drugs and Crime: Recommended methods for the identification<\/div>\n
and analysis of cannabis and cannabis products: Manual for use by national drug analysis<\/div>\n
laboratories (2009).is available at the internet address<\/span><\/div>\n
https:\/\/www.unodc.org\/documents\/scientific\/ST–NAR<\/span>-40-Ebook.pdf <\/span><\/div>\n
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OECD Principles of Good Laboratory Practice and Compliance Monitoring<\/span> published<\/div>\n
by the Organisation for Economic Co-operation and Development as revised as of 1997 is <\/span><\/div>\n
available at the internet address <\/span><\/div>\n
<\/div>\n
3 AAC 306.640. Standard operating procedure manual. (a) An applicant for a <\/span><\/span><\/span><\/span><\/div>\n
marijuana testing facility license and a licensed marijuana testing facility must have a written<\/div>\n
procedures manual with detailed instructions explaining how to perform each testing method the <\/span><\/span><\/span><\/div>\n
applicant or marijuana testing facility uses, and <\/span>minimum standards for each test. The written <\/span><\/div>\n
procedures manual must be available to each employee of the marijuana testing facility at all <\/span><\/span><\/span><\/span><\/div>\n
times. A standard operating procedures manual must cover at least the following procedures: <\/span><\/div>\n
(1) sample preparation;<\/div>\n
(2)<\/span> reagent, solution, and reference standard preparation;<\/div>\n
(3) instrument setup, where applicable;<\/div>\n
(4) standardization of volumetric reagent solutions, as applicable;<\/div>\n
(5) data acquisition; and<\/div>\n
(6) calculation of results.<\/div>\n
(b) The scientific director of a licensed marijuana testing facility shall approve, sign, and <\/span><\/span><\/span><\/div>\n
date each standard operating procedure, and each revision to any <\/span>standard operating procedure. <\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.645. Laboratory Testing of Marijuana and Marijuana Products. <\/span>(a) <\/span>A<\/div>\n
licensed marijuana testing facility must use the general body of required laboratory tests for<\/div>\n
marijuana plant material, any extract or concentrate of marijuana, and any edible marijuana <\/span><\/div>\n
products as listed in the tables in this section. Required tests may include potency analysis,<\/div>\n<\/div>\n
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moisture content, foreign matter inspection, microbial screening, pesticide, other chemical <\/span><\/span><\/div>\n
residue, and metals screening<\/span>, and residual solvents levels. A marijuana testing facility shall <\/span><\/span><\/div>\n
establish a schedule of fees and sample size required for each test it offers.<\/div>\n
(b) The tests required for each marijuana type or marijuana product, are as follows:<\/span><\/span><\/div>\n
(1) potency testing is required on marijuana bud and flower, marijuana <\/span><\/div>\n
concentrate, and marijuana product, and is subject to the following rules: <\/span><\/div>\n
(A) required<\/span> cannabinoid potency test must at least determine the <\/span><\/div>\n
concentration of THC, THCA, CBD, CBDA and CBN<\/span> cannabinoids; a marijuana testing <\/span><\/div>\n
facility may test and report results for any additional cannabinoid provided the test is<\/div>\n
conducted in compliance with a validated method;<\/div>\n
(B) a marijuana testing facility shall report potency test results as follows: <\/span><\/div>\n
(i) for a potency test on marijuana and marijuana concentrate, by<\/div>\n
listing for each required cannabinoid a single percentage concentration that<\/div>\n
represents an average of all samples within the test batch; alternatively, the sum of<\/div>\n
THC + THCA may be reported as total THC; the sum of CBD + CBDA may be <\/span><\/div>\n
reported as total CBD;<\/div>\n
(ii) for a potency test on a marijuana product, whether conducted<\/div>\n
on each individual production lot or using process validation, by listing for each<\/div>\n
cannabinoid the total number of milligrams contained within a single retail <\/span><\/div>\n
marijuana product unit for sale; and<\/div>\n
(iii) for testing whether the THC content is homogenous, the THC<\/div>\n
content of each single serving in a multi-unit package must be reported, and must<\/div>\n
be within 20% of the manufacturer\u2019s target; for example, in a 25 mg total THC<\/div>\n<\/div>\n
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package with 5 servings, each serving must contain between 4 and 6 mg of THC;<\/div>\n
(C) edible marijuana products will be considered to have failed potency<\/div>\n
testing if:<\/div>\n
(i) an individuallypackaged edible retail marijuana product <\/span><\/div>\n
contained within a test lot is determined to have more than 50 mg of THC within<\/div>\n
it, then the test batch is considered to have failed potency testing;<\/div>\n
(ii) if the THC content of an edible marijuana product is not<\/div>\n
homogenous, then it is considered to have failed potency testing;<\/div>\n
(2) microbial<\/span> testing for the listed substances on the listed marijuana products is <\/span><\/div>\n
required as follows:<\/div>\n
\n
Substance<\/div>\n<\/div>\n
\n
Acceptable Limits Per Gram<\/div>\n<\/div>\n
\n
Product to be Tested<\/div>\n<\/div>\n
\n
\u2013Shiga<\/span>–toxin producing <\/span><\/span><\/div>\n
Escherichia coli (STEC)*– <\/span>Bacteria <\/span><\/div>\n<\/div>\n
\n
< 1 Colony Forming Unit (CFU\/g)<\/div>\n<\/div>\n
\n
Flower; Retail Marijuana<\/div>\n<\/div>\n
Products; Water– and Food<\/span>–<\/span><\/div>\n
Based Concentrates<\/div>\n
<\/div>\n
\n
Salmonella species* \u2013 <\/span>Bacteria <\/span><\/div>\n<\/div>\n
\n
< 1 Colony Forming Unit (CFU\/g)<\/div>\n<\/div>\n
\n
Aspergillus fumigatus, Aspergillus<\/div>\n
flavus, Aspergillus niger – Fungus <\/span> <\/span><\/div>\n<\/div>\n
\n
< 1 Colony Forming Unit (CFU\/g)<\/div>\n<\/div>\n
<\/div>\n
(3) testing for the listed residual solvents and metals on the listed marijuana <\/span><\/span><\/div>\n
products is required as follows:<\/div>\n
\n
Substance<\/div>\n<\/div>\n
\n
Acceptable Limits Per Gram <\/span><\/div>\n<\/div>\n
\n
Product to be Tested<\/div>\n<\/div>\n
\n
Butanes<\/div>\n<\/div>\n
\n
< 800 Parts Per Million (PPM)<\/div>\n<\/div>\n
\n
Solvent–Based Concentrates <\/span> <\/span><\/div>\n<\/div>\n
<\/div>\n
\n
Heptanes<\/div>\n<\/div>\n
\n
< 500 Parts Per Million (PPM)<\/div>\n<\/div>\n
\n
Benzene**<\/div>\n<\/div>\n
\n
< 1 Parts Per Million (PPM)<\/div>\n<\/div>\n
\n
Toluene**<\/div>\n<\/div>\n
\n
< 1 Parts Per Million (PPM)<\/div>\n<\/div>\n
\n
Hexane**<\/div>\n<\/div>\n
\n
< 10 Parts Per Million (PPM) <\/span><\/div>\n<\/div>\n
\n
Total Xylenes (m,p, o–<\/span>xylenes)** <\/span><\/div>\n<\/div>\n
\n
< 1 Parts Per Million (PPM)<\/div>\n<\/div>\n
\n
Any solvent not permitted for<\/div>\n
use pursuant to Rule R 605.<\/div>\n<\/div>\n
\n
None Detected<\/div>\n<\/div>\n
<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS <\/span>17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.650. Chain of custody. <\/span>A marijuana testing facility must establish an <\/span><\/div>\n<\/div>\n
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adequate chain of custody and sample requirement instructions that include <\/span><\/span><\/div>\n
(1)<\/span> issuing instructions for the minimum sample requirements and storage <\/span><\/div>\n
requirements;<\/div>\n
(2)<\/span> documenting<\/span> the condition of the external package and integrity seals utilized<\/div>\n
to prevent contamination of, or tampering with, the sample; <\/span><\/div>\n
(3) <\/span>documenting the condition and amount of sample provided at the time the <\/span><\/div>\n
sample is received at the facility; <\/span><\/div>\n
(4) <\/span>documenting each person handling the original samples, aliquots, and<\/div>\n
extracts;<\/div>\n
(5) documenting any transfer of samples, aliquots, and extracts to another<\/div>\n
marijuana testing facility for addi<\/span>tional testing or at the request of the marijuana cultivation<\/div>\n
facility or marijuana product manufacturer that provided the testing sample;<\/div>\n
(6) <\/span>maintain<\/span>ing a current list of authorized personnel and restricting<\/span> entry to the<\/div>\n
facility to those authorized persons;<\/div>\n
(7) securing<\/span> the facility<\/span><\/span> during non-working hours;<\/div>\n
(8) securing<\/span> short<\/span>–term<\/span> and long-term storage areas when not in use;<\/div>\n
(9) <\/span>using a secured area<\/span> to log in and aliquot samples;<\/div>\n
(10) ensuring samples<\/span> are<\/span> stored<\/span> appropriately;<\/span> and <\/span><\/div>\n
(11) <\/span> documenting the disposal of samples, aliquots, and extracts. (Eff. ___\/___<\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.655. Marijuana inventory tracking system. <\/span>(a)<\/span> A marijuana testing <\/span><\/div>\n<\/div>\n
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facility shall use an inventory tracking system as provided in 3 AAC 306.730 to ensure all <\/span><\/div>\n
marijuana transported to the marijuana testing facility\u2019s premises is identified and tracked from <\/span><\/span><\/span><\/div>\n
the time the marijuana arrives at the <\/span><\/span>testing facility to the use and destruction of the marijuana in<\/div>\n
testing, or disposal in compliance with 3 AAC 306.740.<\/div>\n
(b) When a marijuana testing facility completes any testing, use, or research, it shall <\/span><\/div>\n
immediately dispose of any sample received under this section. If a marijuana testing facility <\/span><\/div>\n
disposes of a sample received under this section, the testing facility shall document the disposal<\/div>\n
of the sample using its inventory control system. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.660. Failed materials, retests. (a) If a sample tested by a marijuana testing <\/span><\/div>\n
facility does not pass the required tests based on the standards set out in 3 AAC 306.645, the<\/div>\n
facility that provided the sample shall<\/div>\n
(1) dispose of the entire harvest batch or production lot from which the sample<\/div>\n
was taken; and<\/div>\n
(2) document the disposal of the sample using its marijuana inventory control<\/div>\n
system.<\/div>\n
(b)<\/span> If a sample of marijuana fails a required test, any marijuana plant trim, leaf, and other <\/span><\/span><\/span><\/div>\n
usable material from the same plants automatically fails the required test. The board may <\/span><\/div>\n
approve a request to allow a batch of marijuana that fails a required test to be used to make a<\/div>\n
CO2 or solvent-based extract. After processing, the CO2 or solvent-based extract must pass all <\/span><\/div>\n
required tests.<\/div>\n
(c) If a<\/span> marijuana cultivation facility or a marijuana product manufacturing facility <\/span><\/span><\/div>\n<\/div>\n
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petitions for a re-test of marijuana or a ma<\/span>rijuana product that failed a required test, the board<\/div>\n
may authorize a retest to validate the test results. The marijuana cultivation facility or a<\/div>\n
marijuana product manufacturing facility must pay all costs of a retest. (Eff. ___\/___ \/____, <\/span><\/div>\n
Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.665. Supplemental marijuana quality testing. (a) <\/span>The board or director <\/span><\/span><\/div>\n
may at any time determine that the interests of the public require random supplemental testing of<\/div>\n
marijuana or a marijuana product. When the board or director <\/span>requires random supplemental<\/div>\n
marijuana testing, the board or director <\/span>will direct the marijuana cultivation facility that produced<\/div>\n
the marijuana, or the marijuana product manufacturing facility that manufactured the product, to<\/div>\n
submit a specified sample, batch, or packaged product to a designated marijuana testing facility.<\/div>\n
The material must be packaged in a manner that ensures the testing facility will be able to<\/div>\n
confirm that it has received and is testing the correct supplemental sample.<\/div>\n
(b) When a marijuana testing facility receives a sample for supplemental laboratory <\/span><\/div>\n
testing under this section, the marijuana testing facility shall <\/span><\/div>\n
(1)<\/span> perform any required laboratory test the board requests; and<\/span><\/div>\n
(2)<\/span> report its results to the board or director and the facility that provided the <\/span><\/div>\n
sample.<\/div>\n
(c) A marijuana testing facility that conducts laboratory testing under this section shall <\/span><\/div>\n
bill all costs directly to the marijuana cultivation facility or the marijuana product manufacturing<\/div>\n
facility that provided the samples for testing. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 30<\/span>6.670. Reporting<\/span>, verification. (a) A marijuana testing facility must report <\/span><\/span><\/span><\/div>\n
the result of each required laboratory test directly into its marijuana inventory control system <\/span><\/span><\/span><\/span><\/div>\n
within twenty-four hours after the test is completed. A marijuana testing facility must provide <\/span><\/span><\/span><\/div>\n
the final report<\/div>\n
(1) <\/span>to the facility that submitted the sample in a timely manner; and <\/span><\/span><\/span><\/div>\n
(2) to the director<\/span> within 72 hours when results of tested samples exceed <\/span><\/span><\/div>\n
allowable levels. <\/span><\/div>\n
(b) A marijuana testing facility shall establish procedures to ensure that reported results <\/span><\/span> <\/span><\/span><\/div>\n
are accurate, precise, <\/span>and scientifically valid. To ensure reported results are valid, a marijuana <\/span><\/div>\n
testing facility must include in all final reports: <\/span><\/div>\n
(1) <\/span>the name and location of the marijuana testing facility; <\/span><\/div>\n
(2) the <\/span>unique sample identifier <\/span>assigned by the testing facility;<\/span><\/div>\n
(3) the marijuana establishment or other person that <\/span>submitted the testing sample; <\/span><\/span><\/div>\n
(4)<\/span> the sample identifier provided by the person that submitted the testing <\/span><\/span><\/div>\n
sample;<\/div>\n
(5) the date the facility received the sample<\/span><\/span><\/span>;<\/div>\n
(6) <\/span> the c<\/span>hain of custody identifier; <\/span><\/span><\/div>\n
(7) the date of report;<\/span><\/span><\/div>\n
(8) the t<\/span><\/span>ype of product tested;<\/div>\n
(9) the test results;<\/span><\/span><\/span><\/div>\n
(10) the <\/span><\/span>units of measure; and<\/div>\n<\/div>\n
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(11) <\/span>any other information or qualifiers needed for interpretation of the test <\/span><\/span><\/div>\n
method and the <\/span>results being reported, including any identified and documented discrepancy. <\/span><\/div>\n
(c) A marijuana testing facility may amend a final report for clerical purposes except that<\/div>\n
test results may not be amended. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS <\/span>17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
3 AAC 306.675. Records retention<\/span>. A marijuana testing facility shall <\/span>maintain the <\/span><\/span><\/div>\n
business records <\/span>required under 3 AAC 306.755 for the period of time specified in that section.<\/div>\n
The books and records required under 3 AAC 306.755(a)(1) include:<\/div>\n
(1) test results; <\/span><\/span><\/span><\/div>\n
(2) quality<\/span><\/span> control and quality assurance records;<\/div>\n
(3) standard operating procedures;<\/div>\n
(4) <\/span>chain of custody records;<\/div>\n
(5) proficiency testing records; <\/span><\/span><\/div>\n
(6) analytical dat<\/span><\/span>a to include printouts generated by the instrumentation; <\/span><\/div>\n
(7) <\/span>accession numbers;<\/div>\n
(8) specimen type;<\/span><\/div>\n
(9) <\/span>raw data of calibration standards and curves, controls and subject results;<\/div>\n
(10) final and amended reports;<\/div>\n
(11) acceptable reference range<\/span><\/span> parameters; <\/span><\/div>\n
(12) i<\/span>dentity of analyst<\/span>; and <\/span><\/span><\/div>\n
(13) date of analysis.<\/span><\/span> (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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<\/div>\n
Article 7. Operating Requirements f<\/span>or All Marijuana Establishments. <\/span><\/span><\/span><\/div>\n
Section<\/div>\n
700. Marijuana handler permit<\/div>\n
705. Licensed premises, alteration <\/span><\/span><\/div>\n
710. Restricted access areas <\/span><\/div>\n
715. Security a<\/span>larm systems and lock standards<\/div>\n
720. Video surveillance<\/div>\n
725. Inspection of licensed premises<\/span><\/div>\n
730. Marijuana inventory tracking system <\/span><\/div>\n
735. Health and safety standards<\/div>\n
740. Waste disposal<\/div>\n
745. Standardized<\/span> scales<\/span><\/div>\n
750. Transportation<\/div>\n
755. Business records<\/div>\n
3 AAC 306.700. Marijuana handler permit<\/span>. (a) A marijuana establishment and each <\/span><\/div>\n
licensee, employee, or agent of the marijuana establishment who sells, cultivates, manufactures, <\/span><\/div>\n
tests, or transports marijuana or a marijuana product, or who checks the identification of a<\/div>\n
consumer or visitor, shall obtain a marijuana handler permit from the board before being licensed <\/span><\/div>\n
or beginning employment at a marijuana establishment.<\/div>\n
(b) To obtain a marijuana handler permit, a person shall complete a marijuana handler<\/div>\n
permit education course approved by the board, pass a written test demonstrating an<\/div>\n<\/div>\n
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understanding of the course material, and obtain a certificate of course completion from the<\/div>\n
course provider. An approved marijuana handler permit education course must cover at least the<\/div>\n
following topics:<\/div>\n
(1) AS 17.37, AS 17.38, and this chapter;<\/div>\n
(2)<\/span> the effects of consumption of marijuana and marijuana products;<\/div>\n
(3) how to identify a person impaired by consumption of marijuana;<\/div>\n
(3) how to determine valid identification;<\/div>\n
(4) how to intervene to prevent unlawful marijuana consumption; and<\/div>\n
(5) the penalty for an unlawful act by a licensee, an employee, or an agent of a <\/span><\/div>\n
marijuana establishment.<\/div>\n
(c) To obtain a marijuana handler permit, a person who has completed the marijuana<\/div>\n
handler permit course describ<\/span>ed under (b) of this section shall present the course completion<\/div>\n
certificate, along with a report of criminal justice information obtained from the Department of<\/div>\n
Public Safety under AS 12.62.160 to the director. The director shall issue a marijuana handler <\/span><\/div>\n
permit card valid for three years from the date of issue. A person may renew a card issued under <\/span><\/div>\n
this section by passing a written test demonstrating an understanding of the course subjects.<\/div>\n
(d) A licensee, employee, or agent of a marijuana establishment shall keep the marijuana <\/span><\/div>\n
handler permit card described in (c) of this section in that person\u2019s immediate possession when<\/div>\n
on the licensed premises of the retail marijuana store.<\/div>\n
(e) The board will review an approved marijuana handler permit education course at<\/div>\n
least once every three years, and may rescind approval of the course if the board finds that the <\/span><\/div>\n
education course contents are insufficient or inaccurate. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.084<\/div>\n
3 AAC 306<\/span>.705. Licensed premises<\/span>, alteration. (a) A marijuana establishment license <\/span><\/div>\n
will be issued for a specific licensed premises, which is a place clearly designated in a license<\/div>\n
application and described by a line drawing submitted with the license application. The licensed <\/span><\/span><\/span><\/span><\/div>\n
premises must<\/div>\n
(1) have adequate space for its approved operations, including growing,<\/div>\n
manufacturing, processing, packaging, or storing marijuana or marijuana products; and<\/div>\n
(2) be located and constructed to facilitate cleaning, maintenance<\/span>, and proper<\/div>\n
operation.<\/div>\n
(b) A marijuana establishment\u2019s license must be posted in a conspicuous place within the<\/div>\n
licensed premises.<\/div>\n
(c) A <\/span>holder of a marijuana establishment license may not alter the functional floor plan <\/span><\/div>\n
or reduce or expand the area of the licensed premises without first obtaining the director\u2019s<\/div>\n
written approval. A marijuana establishment license<\/span> holder seeking to change or modify the <\/span><\/div>\n
licensed premises shall submit a request for approval of the change on a form prescribed by the <\/span><\/div>\n
board, along with<\/div>\n
(1) <\/span> the fee prescribed in 3 AAC 306.100;<\/div>\n
(2) <\/span>a drawing showing the proposed change;<\/div>\n
(3) evidence that the proposed change conforms to any local restrictions; and <\/span><\/div>\n
(4) evidence that the licensee has obtained any applicable local building permit. <\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n<\/div>\n
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AS 17.38.084<\/div>\n
3 AAC 30<\/span>6.710. Restricted access areas. <\/span> (a)<\/span> A marijuana establishment shall restrict <\/span><\/span><\/div>\n
access to any part of the licensed premises where marijuana or a marijuana product is grown,<\/div>\n
processed, tested, stored, or stocked.<\/div>\n
(b) Except as provided in 3 AAC 306.325 for a marijuana retail store, each entrance to a <\/span><\/div>\n
restricted access area must be marked by a sign that says \u201cRestricted access area. Visitors must<\/div>\n
be escorted.\u201d A marijuana establishment shall limit the number of visitors to not more than five <\/span><\/span><\/div>\n
visitors for each licensee, employee, or agent of the licensee who is actively engaged in <\/span><\/div>\n
supervising those visitors.<\/div>\n
(c) In a restricted access area, any<\/span> licensee, employee, and agent of the marijuana<\/div>\n
establishment shall wear a current identification badge bearing the person\u2019s photograph. A <\/span><\/div>\n
person under the age of 21 may not enter any restricted access area. Any visitor to the restricted<\/div>\n
area must<\/div>\n
(1) show identification as required in 3 AAC 306.350 to prove that person is not<\/div>\n
under the age of 21;<\/div>\n
(2) obtain a visitor identification badge before entering the restricted access area; <\/span><\/div>\n
and<\/div>\n
(3) be escorted at all times by <\/span>a licensee, or <\/span>an employee<\/span><\/span> or <\/span>an agent of the<\/div>\n
marijuana establishment. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS<\/span> 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n<\/div>\n
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3 AAC 306.715. Security alarm systems and lock standards. (a)<\/span><\/span> Each licensee, <\/span><\/div>\n
employee, or agent of a marijuana establishment shall display an identification badge issued by <\/span><\/div>\n
the marijuana establishment at all times when on the <\/span>marijuana establishment\u2019s licensed <\/span><\/span><\/div>\n
premises.<\/div>\n
(b) The licensed premises of a marijuana establishment must have <\/span> <\/span><\/span><\/span><\/span><\/div>\n
(1) exterior lighting to facilitate surveillance; <\/span><\/div>\n
(2) a security alarm system on all <\/span><\/span><\/span>exterior doors and windows; and<\/div>\n
(3) continuous video monitoring as provided in 3 AAC 306.720.<\/div>\n
(c) A marijuana establishment shall have policies and procedures that <\/span><\/div>\n
(1) are designed to prevent diversion of marijuana or marijuana product;<\/span><\/div>\n
(2) prevent loitering; <\/span><\/div>\n
(3) describe the use of any additional security device, such as a motion detector,<\/div>\n
pressure switch, and duress, panic, or hold-up alarm to enhance security of its licensed premises; <\/span><\/div>\n
and<\/div>\n
(4) describe the actions to be taken by a licensee, employee, or agent of the<\/div>\n
marijuana establishment when any automatic or electronic notification system alerts a local law<\/div>\n
enforcement agency of an unauthorized breach of security.<\/div>\n
(d) A marijuana establishment must use commercial grade, non-residential door locks on <\/span><\/span><\/div>\n
all exterior entry points to the licensed premises. Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.720. Video surveillance. (a) A marijuana establishment shall install and <\/span><\/span><\/div>\n<\/div>\n
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maintain a video surveillance and camera recording system as provided in this section. The<\/div>\n
video system must cover<\/div>\n
(1) each restricted access area<\/span> and each entrance to a restricted<\/span> access area within <\/span><\/span><\/div>\n
the licensed premises; <\/span><\/div>\n
(2) each entrance to the exterior o<\/span>f the licensed premises;<\/span><\/div>\n
(3) each point-of-sale (POS) area.<\/span><\/div>\n
(b) At a marijuana establishment, a required video camera<\/span><\/span> must be placed in a way that<\/div>\n
produces a clear view adequate to identify any individual inside the licensed premises, or within <\/span><\/div>\n
20 feet of <\/span>each entrance to the licensed premises. Both the interior and the exterior of each <\/span><\/div>\n
entrance to the facility must be recorded by a video camera.<\/div>\n
(c) Any area where mar<\/span>ijuana is grown, cured, or manufactured<\/span>, or where marijuana <\/span><\/div>\n
waste is destroyed, must <\/span>have a camera placement in the room facing the primary entry door, and<\/div>\n
in adequate fixed positions, at a height which will provide a clear, unobstructed view of the<\/div>\n
regular activity without a sight blockage from lighting hoods, fixtures, or other equipment, in <\/span><\/div>\n
order to allow for the clear and certain identification of any person and activity in the area at all <\/span><\/span><\/span><\/span><\/span><\/div>\n
times.<\/div>\n
(d) Surveillance recording equipment and video surveillance records must be housed in a <\/span><\/div>\n
locked and secure area or in a lock box, cabinet, closet<\/span> or other secure area that is accessible only <\/span><\/div>\n
to a marijuana establishment licensee or authorized employee, and to law enforcement personnel<\/div>\n
including an agent of the board. A marijuana establishment may use an offsite monitoring <\/span><\/div>\n
service and offsite storage of video surveillance records as long as security requirements at the<\/div>\n
offsite facility are at least as strict as onsite security requirements as described in this section. <\/span><\/div>\n
(e) Each surveillance recording must be preserved for a minimum of 40 days, in a format<\/div>\n<\/div>\n
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that can be easily accessed for viewing. All recorded images must clearly and accurately display <\/span><\/div>\n
the time and date, and must be archived in a format that does not permit alteration of the<\/div>\n
recorded image, so that the images can readily be authenticated. After 40 days, a marijuana<\/div>\n
establishment may erase video recordings, unless the licensee knows or should know of any<\/div>\n
pending criminal, civil, or administrative investigation for which the video recording may <\/span><\/div>\n
contain relevant information. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.725. Inspection of licensed premises<\/span>. (a) A marijuana establishment or an <\/span><\/span><\/span><\/span><\/div>\n
applicant for a marijuana establishment license under this chapter shall, upon request, make the<\/div>\n
licensed premises or the proposed licensed premises, including any place for storage, available<\/div>\n
for inspection by the director, an employee or agent of the board, or an officer charged with the<\/div>\n
enforcement of this chapter. The board or the director may also request a local fire protection <\/span><\/div>\n
agency or any other state agency with health and safety responsibilities to inspect licensed <\/span><\/span><\/span><\/div>\n
premises or proposed licensed premises.<\/div>\n
(b) Inspection under this section includes inspection of the premises, facilities, <\/span><\/div>\n
qualifications of personnel, methods of operation, business and financial records, marijuana<\/div>\n
inventory tracking system, policies<\/span>, and purposes of any marijuana establishment and of any<\/div>\n
applicant for a<\/span> marijuana establishment license<\/span>. (Eff. ___\/___ \/____, Register ____) <\/span><\/span><\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 1<\/span>7.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n<\/div>\n
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3 AAC 306.730. Marijuana inventory tracking system. (a) A marijuana <\/span><\/span><\/div>\n
establishment shall use a marijuana inventory tracking system capable of sharing information <\/span><\/span><\/div>\n
with the system the board <\/span><\/span>implements to ensure all marijuana cultivated and sold in the state, and <\/span><\/div>\n
each marijuana product processed and sold in the state, is identifi<\/span><\/span>ed and tracked from the time<\/div>\n
the marijuana <\/span>is propagated from seed or cutting, through transfer to another licensed marijuana <\/span><\/div>\n
establishment, or use in manufacturing a product, to a completed sale of marijuana or marijuana <\/span><\/div>\n
product, or disposal of the harvest batch of marijuana or production lot of marijuana product.<\/div>\n
(b) All marijuana del<\/span>ivered to a marijuana establishment must be weighed on a scale <\/span><\/span><\/span><\/div>\n
certified in compliance with 3 AAC 306.745. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
(Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS <\/span>17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.735. Health and safety standards. (a) A marijuana establishment is<\/span><\/span><\/span> <\/span><\/div>\n
subject to inspection by the local fire department, building inspector, or code enforcement officer<\/div>\n
to confirm that no health or safety concerns are present.<\/div>\n
(b) A marijuana establishment<\/span><\/span><\/span> shall take all reasonable measures and precautions to <\/span><\/span><\/div>\n
ensure t<\/span>hat<\/div>\n
(1) any person who has<\/span> an illness, an open sore or infected wound, or other<\/div>\n
potential source of infection may not come in contact with marijuana or a marijuana product<\/div>\n
while the illness or source of infection persists;<\/div>\n
(2) the licensed premises have <\/span><\/div>\n
(A) adequate<\/span> and readily accessible toilet facilities that are maintained in <\/span><\/div>\n<\/div>\n
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good repair and sanitary condition; and<\/div>\n
(B) convenient hand-washing facilities with running water at a suitable <\/span><\/span><\/div>\n
temperature; the marijuana establishment shall require employees to wash or <\/span>sanitize<\/div>\n
their hands, and must provide effective hand<\/span><\/span>–cleaning<\/span>, sanitizing preparations, and drying <\/span><\/span><\/div>\n
devices;<\/div>\n
(3) each person working in direct contact with marijuana or a marijuana product<\/div>\n
shall conform to good hygienic practices <\/span>while on duty, including<\/div>\n
(A)<\/span> maintaining adequate personal cleanliness;<\/span> and<\/span><\/div>\n
(B) <\/span>washing hands thoroughly in an adequate hand<\/span>–washing area before <\/span><\/span><\/div>\n
starting work, after using toilet facilities, and at an<\/span>y other time when the person\u2019s hands <\/span><\/div>\n
may have become soiled or contaminated; <\/span><\/span><\/div>\n
(4) litter, waste, and rubbish are properly removed<\/span><\/span>; the waste disposal equipment <\/span><\/span><\/span><\/div>\n
must be maintained and adequate to <\/span><\/span><\/div>\n
(A) avoid contaminating any area where marijuana or any marijuana <\/span><\/span><\/span><\/div>\n
product is<\/span> stored, displayed, or sold; and<\/div>\n
(B) prevent causing odors or attracting<\/span> pests;<\/span><\/div>\n
(5) <\/span>floors, walls, and ceilings must be constructed to allow adequate cleaning,<\/span><\/div>\n
and must be kept clean and in good repair;<\/div>\n
(6) adequate lighting is installed in any area where marijuana or a <\/span>marijuana <\/span><\/span><\/span><\/span><\/span><\/div>\n
product is<\/span> stored, displayed, or sold, and where any equipment or utensil is<\/span> cleaned;<\/span><\/div>\n
(7) <\/span>screening or other protection adequately protects against the entry of pests;<\/div>\n
(8) any building, fixture, and other facility is maintained in sanitary condition; <\/span><\/span><\/div>\n
(9) any toxic cleaning compound, sanitizing agent, and pesticide chemical<\/span> must <\/span><\/div>\n<\/div>\n
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be identified and stored in a safe manner <\/span>to protect against contamination of marijuana or <\/span><\/span><\/span><\/div>\n
marijuana product and in compliance with any applicable local, state, or<\/span> federal la<\/span>w;<\/div>\n
(10) adequate sanitation principles are used in any receiving, inspecting,<\/div>\n
transporting, and storing of marijuana or marijuana product; and<\/span><\/div>\n
(11) any<\/span> marijuana or marijuana product <\/span>must be held in a manner that prevents<\/div>\n
the growth of <\/span>bacteria, microbes, or other undesirable microorganisms.<\/div>\n
(c) A marijuana establishment shall ensure that any marijuana or marijuana product <\/span><\/span>that <\/span><\/div>\n
has been stored beyond its usable life, or was stored improperly,<\/span> is<\/span> not salvaged and returned to<\/div>\n
the marketplace; in this section, \u201cstored improperly\u201d means being exposed to extremes in <\/span><\/span><\/span><\/div>\n
temperature, humidity, smoke, fumes, pressure, or radiation due to a natural disaster, fire, <\/span><\/div>\n
accident, or e<\/span>quipment failure. <\/span><\/div>\n
(d) If a marijuana establishment does not have reliable information about the age or<\/div>\n
storage conditions of marijuana or <\/span>a marijuana product in its possession, the marijuana<\/div>\n
establishment may salvage the marijuana only if: <\/span><\/div>\n
(1) a licensed marijuana testing facility determines from quality assurance testing <\/span><\/span><\/div>\n
that the marijuana or marijuana product meet<\/span>s all applicable standards of moisture, potency, and <\/span><\/div>\n
contaminants;<\/div>\n
(2) <\/span> inspection of the premises where a disaster or accident occurred shows that <\/span><\/div>\n
the marijuana or marijuana product stored th<\/span>ere was not adversely affected by the disaster or<\/div>\n
accident; and<\/div>\n
(3)<\/span> the marijuana establishment maintains a record of the salvaged marijuana or <\/span><\/span><\/div>\n
marijuana product in its marijuana inventory tracking system, including the name, lot number <\/span><\/span><\/span><\/div>\n
and final disposition. (Eff. ___\/___ \/____, Register ____)<\/div>\n<\/div>\n
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Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.740. Waste disposal. (a) A marijuana establishment shall store, manage, <\/span><\/span><\/div>\n
and dispose of any solid or liquid waste, including wastewater generated <\/span>during marijuana <\/span><\/div>\n
cultivation production, processing, testing, or retail sales, in compliance with applicable federal, <\/span><\/div>\n
state, and local laws and regulations. <\/span><\/div>\n
(b) Marijuana waste must b<\/span><\/span>e rendered unusable for any purpose for which it was grown<\/div>\n
or produced before it leaves a marijuana establishment. Marijuana waste includes: <\/span><\/div>\n
(1) marijuana <\/span>plant waste, including roots, stalks, leaves, and stems that have not<\/div>\n
been processed with solvent;<\/div>\n
(2) <\/span> solid marijuana sample plant waste in the possession of a marijuana testing <\/span><\/span><\/div>\n
facility; and<\/div>\n
(3) <\/span> other waste<\/span> as determined by the board. <\/span><\/span><\/div>\n
(c) <\/span> A marijuana establishment shall<\/span> <\/span><\/span><\/span><\/div>\n
(1) give<\/span> the board at least 3 days notice in the marijuana inventory tracking <\/span><\/span><\/div>\n
system required under 3 AAC 306.730 before making the waste unusable and disposing of it;<\/div>\n
except that the director may authorize immediate disposal on an emergency basis; and<\/div>\n
(2) keep a record of the final destination of marijuana waste made<\/span> unusable.<\/div>\n
(d) <\/span> Marijuana plant waste <\/span>must be made unusable by grinding the marijuana plant waste <\/span><\/div>\n
and mixing it with at least an equal amount of other compostable or non-<\/span><\/span>compostable materials.<\/div>\n
A marijuana establishment may use other methods to make<\/span> marijuana waste unusable <\/span><\/span>if the<\/div>\n
board approves the method in advance. Material that may be mixed with the marijuana waste <\/span><\/span><\/div>\n<\/div>\n
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includes<\/div>\n
(1) c<\/span>ompostable materials including food waste, yard waste, vegetable based<\/div>\n
grease or oils, or <\/span>other wastes approved by the board when the mixed material can be used<\/span> as <\/span><\/span><\/div>\n
compost feedstock or in another organic waste method such as an anaerobic digester<\/span> with <\/span><\/div>\n
approval of any applicable local government entity; or <\/span><\/span><\/div>\n
(2) n<\/span>on-compostable materials including paper waste, cardboard waste, plastic <\/span><\/span><\/span><\/div>\n
waste, oil, or other wastes <\/span>approved by the board when the mixed material may be delivered to a <\/span><\/span><\/div>\n
permitted solid waste facility, incinerator, or other facility with approval of any<\/span> applicable local <\/span><\/span><\/div>\n
government entity.<\/div>\n
(e) When marijuana or a marijuana product is found by, <\/span><\/span>or surrendered to, a law <\/span><\/span><\/div>\n
enforcement officer including an airport security officer, the officer may dispose of the<\/div>\n
marijuana or marijuana product as provided in this section or by any method that is allowed<\/div>\n
under any applic<\/span>able local ordinance. (Eff.<\/span> ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.745. Standardized scales. A marijuana establishment shall use certified <\/span><\/span><\/div>\n
scales in compliance with AS 45.75.080, the Alaska Weights and Measures Act. A marijuana <\/span><\/div>\n
establishment shall<\/div>\n
(1) maintain registration and inspection reports of certified scales; and <\/span><\/div>\n
(2) upon request by the board or the director, provide a copy of the registration and<\/div>\n
inspection reports of the certified scales to the board or the director for review. (Eff. ___\/___<\/div>\n
\/____, Register ____)<\/div>\n<\/div>\n
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Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n
AS 17.38.084<\/div>\n
3 AAC <\/span>306.750. Transportation. (a) A licensed marijuana establishment shall <\/span><\/span><\/div>\n
transport marijuana as follows:<\/div>\n
(1) a marijuana cultivation facility may transport marijuana to a marijuana <\/span><\/div>\n
cultivator\u2019s broker, another marijuana cultivation facility, a marijuana product manufacturing <\/span><\/div>\n
facility, a marijuana testing facility, or a marijuana retail store;<\/div>\n
(2) a marijuana broker may transport marijuana to the broker\u2019s own storage area,<\/div>\n
a marijuana product manufacturing facility, a marijuana testing facility, or a marijuana retail <\/span><\/div>\n
store;<\/div>\n
(3) a marijuana product manufacturing facility may transport a marijuana product<\/div>\n
to another marijuana product manufacturing facility, a marijuana testing facility, or a marijuana<\/div>\n
retail store;<\/div>\n
(4) a marijuana testing facility may transport marijuana or a marijuana product to <\/span><\/div>\n
the facility from which it received the marijuana or another marijuana testing facility; and<\/div>\n
(5) a marijuana retail store may transport marijuana or a marijuana product to <\/span><\/div>\n
another marijuana retail store.<\/div>\n
(b) A marijuana establishment from which a shipment of marijuana or marijuana product<\/div>\n
originates is responsible for preparing, packaging, and securing the marijuana or marijuana <\/span><\/div>\n
product during shipment, for recording the transfer in the marijuana inventory tracking system,<\/div>\n
and for preparing the transport manifest. Any individual transporting marijuana in compliance<\/div>\n
with this section shall have a marijuana handler permit required under 3 AAC 306.700. <\/span><\/div>\n<\/div>\n
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(c) When any marijuana or marijuana product is transported, the marijuana establishment<\/div>\n
that originates the transport shall use the marijuana tracking system to record the type, amount<\/div>\n
and weight of marijuana or marijuana product being transported, the name of the transporter, the<\/div>\n
time of departure and expected delivery, and the make, model and license plate number of the<\/div>\n
transporting vehicle. A complete printed transport manifest on a form prescribed by the board<\/div>\n
must be kept with the marijuana or marijuana product at all times.<\/div>\n
(d) During transport, any marijuana or marijuana product must be in a sealed package or<\/div>\n
container in a locked, safe and secure storage compartment in the vehicle transporting the <\/span><\/div>\n
marijuana or marijuana product. The sealed package may not be opened during transport. Any<\/div>\n
vehicle transporting marijuana or marijuana product must travel directly from the shipping<\/div>\n
marijuana establishment to the receiving marijuana establishment, and must not make any <\/span><\/div>\n
unnecessary stops in between except to deliver or pick up marijuana or marijuana product at any<\/div>\n
other licensed marijuana establishment.<\/div>\n
(e) When a marijuana establishment receives marijuana or a marijuana product <\/span><\/div>\n
transported in compliance with this section, the recipient of the shipment shall use the marijuana <\/span><\/div>\n
inventory tracking system to report the type, amount, and weight of marijuana or marijuana<\/div>\n
product received. The licensed recipient shall refuse to accept any shipment of marijuana or <\/span><\/div>\n
marijuana product that is not accompanied by the transport manifest.<\/div>\n
(f) A marijuana establishment must keep records of all marijuana or marijuana product<\/div>\n
shipped from or received at that marijuana establishment as required under 3 AAC 306.755.<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.087 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090 AS 17.38.900<\/div>\n<\/div>\n
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AS 17.38.084<\/div>\n
3 AAC 306.755. Business records<\/span>. (a) A marijuana establishment shall <\/span><\/span><\/div>\n
maintain, in a format that is readily understood by a reasonably prudent business person, the<\/div>\n
following information:<\/div>\n
(1) all books and records necessary to fully account for each<\/span> business transaction<\/div>\n
conducted under its license for the current year and three preceding calendar years; records for <\/span><\/div>\n
the last six months must be maintained on the marijuana establishment\u2019s licensed premises;<\/div>\n
older records may be archived on or off premises;<\/div>\n
(2) a current employee list setting out the full name and marijuana handler permit <\/span><\/div>\n
number of each licensee, employee, and agent who works at the marijuana establishment;<\/span><\/div>\n
(3) the business contact information for vendors that maintain video surveillance<\/div>\n
systems and security alarm systems for the licensed premises;<\/div>\n
(4) records related<\/span> to advertising and marketing;<\/div>\n
(5) a current diagram of the licensed premises including each restricted access <\/span><\/div>\n
area;<\/div>\n
(6) a log recording the name, and date and time of entry of each visitor permitted<\/div>\n
in a restricted access area;<\/div>\n
(7) all records n<\/span>ormally retained for tax purposes;<\/div>\n
(8) accurate and comprehensive inventory tracking records that account for all<\/div>\n
marijuana inventory activity from seed or immature plant stage until the retail marijuana or retail<\/div>\n
marijuana product is sold to a consumer, to another marijuana establishment, or destroyed; and<\/div>\n
(9) transportation records for marijuana and marijuana product as required under<\/div>\n
3 AAC 306.750(f).<\/span><\/div>\n<\/div>\n
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(b) A marijuana establishment shall provide any record required to be kept on the<\/div>\n
licensed premises to an employee of the board upon request. Any record kept off premises must <\/span><\/div>\n
be provided to the board\u2019s employees within three business days after a request for the record.<\/div>\n
(c) A marijuana establishment is required to exercise due diligence in pr<\/span>eserving and <\/span><\/div>\n
maintaining all required records. Loss of records and data, including electronically maintained<\/div>\n
records, will not be considered an excuse for a violation of this rule. Failure to retain records<\/div>\n
required under this section may be interpreted by the board as a license violation affecting public<\/div>\n
safety. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
<\/div>\n
Article 8. <\/span> Enforcement<\/span> and Civil Penalties. <\/span><\/div>\n
Section<\/div>\n
800. Inspection and investigation<\/div>\n
<\/div>\n
805. Report or notice of violation<\/div>\n
<\/div>\n
810. Suspension or revocation of license<\/div>\n
<\/div>\n
815. Suspension or revocation based on act of employee<\/div>\n
<\/div>\n
820. Procedure fo<\/span>r action on license suspension or revocation<\/div>\n
<\/div>\n
825. Summary suspension to protect public health, safety, or welfare. <\/span><\/div>\n
<\/div>\n
830. Seizure of marijuana or marijuana product<\/div>\n
<\/div>\n
835. Hearing<\/div>\n
<\/div>\n
840. Civil fines <\/span><\/span><\/div>\n
<\/div>\n<\/div>\n
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845. Appeal<\/span><\/div>\n
<\/div>\n
850. Surrender or destruction of license<\/div>\n
<\/div>\n
3 AAC <\/span>306.800. Inspection and i<\/span>nvestigation. <\/span>(a) <\/span> The director, an enforcement agent, <\/span><\/div>\n
an employee of the board, or a peace officer acting in an official capacity, may <\/span><\/div>\n
(1) inspect the licensed premises of any marijuana establishment, including any <\/span><\/span><\/div>\n
marijuana and marijuana product on the premises, equipment used in cultivating, processing, <\/span><\/div>\n
testing, or storing marijuana, the marijuana establishment\u2019s inventory tracking system, business<\/div>\n
records, and computers, at any reasonable time and in a reasonable manner;<\/div>\n
(2) issue a report or notice as provided in 3 AAC 306.805; and<\/div>\n
(3) as authorized under AS 17.38.085, exercise peace officer powers and take any<\/div>\n
other action the director determines is necessary.<\/div>\n
(b) A marijuana establishment, and any licensee, employee, or agent in charge shall <\/span><\/span><\/span><\/span><\/div>\n
cooperate with the director, an enforcement agent, an employee of the board, or a peace officer<\/div>\n
acting in an official capacity, to enforce the laws related to marijuana, including<\/div>\n
(1) permitting entry upon and inspection of the licensed premises; and<\/div>\n
(2) providing access to business records at reasonable times when requested by<\/div>\n
the director, an enforcement agent, an employee of the board, or a peace officer. (Eff. ___\/___ <\/span><\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.805. Report or notice of violation. (a) <\/span>The director, an enforcement agent,<\/div>\n
an employee of the board, or a peace officer acting in an official capacity, may issue an<\/div>\n<\/div>\n
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inspection report, an advisory report, or a notice of violation before taking action to suspend or<\/div>\n
revoke a marijuana establishment license.<\/div>\n
(b) An inspection report documents an investigator\u2019s inspection of licensed premises. <\/span><\/div>\n
An inspection report must be prepared on a form the board prescribes and include information<\/div>\n
prescribed by statute, regulation, or the board.<\/div>\n
(c) The director, an enforcement agent, an employee of the board, or a peace officer may <\/span><\/div>\n
issue an advisory notice when an incident occurs or a defect is noted that could result in a<\/div>\n
violation of a statute, regulation, or municipal ordinance. An advisory notice may result from an<\/div>\n
inspection report, but is not a basis for administrative action unless the incident or defect <\/span><\/div>\n
continues or is not corrected.<\/div>\n
(d) The director, an enforcement agent, an employee of the board, or a peace officer may<\/div>\n
issue a notice of violation when an inspection report or other credible information shows a<\/div>\n
marijuana establishment is in violation of AS 17.38, this chapter, <\/span>or other law relating to<\/div>\n
marijuana. The notice of violation must be delivered to the marijuana establishment at its<\/div>\n
licensed premises, and to the board. The notice must describe any violation, and cite the<\/div>\n
applicable statute, regulation, or order of the board. A marijuana establishment that receives a<\/div>\n
notice of violation may respond to the notice orally or in writing, and may, within ten days after<\/div>\n
receiving the notice, request an opportunity to appear before the board. A notice of violation<\/div>\n
may be the basis of a proceeding to suspend or revoke a marijuana establishment\u2019s license as<\/div>\n
provided under 3 AAC<\/span> 306.810. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n<\/div>\n
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3 AAC 306.810. Suspension or revocation of license. (a) The board will suspend or <\/span><\/span><\/span><\/div>\n
revoke a marijuana establishment license issued under this chapter if any licensee is convicted of<\/div>\n
a felony, or if the board becomes aware that a licensee did not disclose a previous felony <\/span><\/div>\n
conviction.<\/div>\n
(b) The board may suspend or revoke a license issued under this chapter, refuse to renew<\/div>\n
a license, or impose a civil fine, if the board finds that a licensee for any marijuana establishment<\/span><\/div>\n
(1) misrepresented a material fact on an application for a marijuana establishment <\/span><\/div>\n
license, or an affidavit, report, or signed statement under AS 17.38 or this chapter; or <\/span><\/div>\n
(2) is following any practice or procedure that is contrary to the best interests of <\/span><\/div>\n
the public, including<\/div>\n
(A) using any process not approved by the board for extracting or<\/div>\n
manufacturing marijuana concentrate or products; or<\/div>\n
(B) selling or distributing any marijuana concentrate or product that has <\/span><\/div>\n
not been approved by the board;<\/div>\n
(3) failed, within a reasonable time after receiving a notice of violation from the <\/span><\/div>\n
director, to correct any defect that is the subject of the notice of violation of<\/div>\n
(A) AS 17.38 or this chapter;<\/div>\n
(B) a condition or restriction imposed by the board; or<\/div>\n
(C) other applicable law; <\/span><\/div>\n
(4) knowingly allowed an employee or agent to violate AS 17.38, this chapter, or<\/div>\n
a condition or restriction imposed by the board;<\/div>\n
(5) failed to comply with any applicable <\/span>public health, fire, safety, or tax law or <\/span><\/div>\n
regulation in the state; or<\/div>\n<\/div>\n
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(6) used the licensed premises for any illegal purpose including gambling,<\/div>\n
possession or use of narcotics other than marijuana, prostitution, or sex trafficking.<\/div>\n
(c) A<\/span> local government<\/span><\/span><\/span> may notify the director if it obtains evidence<\/span> <\/span>that a marijuana <\/span><\/span><\/span><\/div>\n
establishment has violated a provision of AS 17.38, this chapter, or a condition the board has <\/span><\/div>\n
imposed on the marijuana establishment. Unless the board finds that the local government\u2019s<\/span><\/div>\n
notice is arbitrary, capricious, and unreasonable, the director will prepare the <\/span>notice and<\/div>\n
supporting evidence as an accusation against the marijuana establishment under AS 44.62.360, <\/span><\/span><\/span><\/div>\n
and conduct proceedings to resolve the matter as described under 3 AAC 306.820. (Eff. ___\/___ <\/span><\/div>\n
\/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.815. Suspension or revocation based on act of employee. If<\/span>, in a <\/span><\/span><\/span><\/div>\n
proceeding to suspend or revoke a marijuana establishment license under 3 AAC 306.810 and<\/div>\n
3 AAC 306.820, evidence shows that an employee or agent of a licensed marijuana <\/span><\/div>\n
establishment was responsible for an act that would justify suspension or revocation of the<\/div>\n
marijuana establishment\u2019s license if committed by a licensee, the board may find that licensee<\/div>\n
knowingly allowed the act if<\/div>\n
(1) the licensee was physically present when the violation occurred, and knew or<\/div>\n
should have known, the violation was occurring and took no action to stop it;<\/div>\n
(2) the licensee failed to adequately supervise the agent or employee; <\/span><\/div>\n
(3) the licensee failed to adequately train the agent or employee in the <\/span><\/div>\n
requirements of AS 17.38 and this chapter relating to marijuana; or <\/span><\/div>\n<\/div>\n
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(4) the licensee was reckless or careless in hiring the agent or employee. (Eff. <\/span><\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC<\/span> 306.820. Procedure for action on license suspension or revocation. <\/span><\/span> A <\/span><\/div>\n
proceeding to suspend or revoke a license must be initiated by service of an accusation on the <\/span><\/div>\n
marijuana establishment in compliance with AS 44.62.360 and AS 44.62.380, and conducted in<\/div>\n
compliance with AS 44.62.330 \u2013 AS 44.62.630. The accusation must be served at the address of<\/div>\n
the licensed premises, or at the address of the licensee who is responsible for management and<\/div>\n
compliance with laws as listed in the marijuana establishment license application in compliance <\/span><\/div>\n
with 3 AAC 306.020(b)(5). The marijuana establishment is entitled to a hearing <\/span>as provided<\/div>\n
under AS 44.62.390. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 1<\/span>7.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.825. Summary suspension to protect public health, safety, or welfare<\/span>. <\/span><\/span><\/div>\n
(a) If the director finds that a person holding a marijuana establishment license has acted and <\/span><\/span><\/div>\n
appears to be continuing to act in a way that constitutes an immediate threat to the public health, <\/span><\/span><\/div>\n
safety or welfare, the director may issue an order immediately suspending the license of that <\/span><\/div>\n
person, and ordering an immediate stop to the activity that constitutes the threat to the public<\/div>\n
health, <\/span>safety, or welfare. <\/span><\/div>\n
(b) When the director issues a summary suspension under this section, the director shall<\/div>\n<\/div>\n
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immediately give the marijuana establishment subject to the summary suspension order notice of<\/div>\n
the reasons for the summary suspension, and of the time and place for an expedited hearing <\/span><\/div>\n
before the board. Unless the marijuana establishment subject to the summary suspension order<\/div>\n
requests a delay, the hearing will be held within five days after the director gives notice of the<\/div>\n
reasons for the summary suspension and the scheduled hearing. (Eff. ___\/___ \/____, Register<\/div>\n
____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.830. Seizure of <\/span>marijuana or marijuana product. (a) <\/span>The director, an <\/span><\/span><\/span><\/div>\n
enforcement agent, an employee of the board, or a peace officer acting in an official capacity,<\/div>\n
may seize marijuana or any marijuana product from a licensed marijuana establishment if the<\/div>\n
marijuana establishment has <\/span><\/div>\n
(1) any marijuana or marijuana product not properly logged into the marijuana<\/div>\n
establishment\u2019s marijuana inventory tracking system;<\/div>\n
(2) any adulterated marijuana food or drink product forbidden under 3 AAC<\/div>\n
306.510(a)(4)<\/span>; or<\/div>\n
(3) any marijuana or marijuana product that is not properly packaged and labeled <\/span><\/span><\/div>\n
as provided in 3 AAC 306.465 and 3 AAC 306.470 or 3 AAC 306.565 and 3 AAC 306.570.<\/div>\n
(b) If the director, an enforcement agent, an employee of the board, or a peace officer<\/div>\n
acting in an official capacity, seizes marijuana or a marijuana product under this section, the <\/span><\/div>\n
director shall update the marijuana inventory control tracking system to reflect the seizure and <\/span><\/div>\n
ensure that the seized items are stored in a reasonable manner. The director shall<\/span>t<\/span>immediately <\/span><\/span><\/div>\n<\/div>\n
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give the marijuana establishment from which the marijuana or marijuana product was seized<\/div>\n
notice of the reasons for the seizure and the time and place of a hearing before the board. Unless<\/div>\n
the marijuana establishment from which the marijuana or marijuana product was seized requests <\/span><\/div>\n
a delay, the hearing will be held within ten days after the director gives notice of the reasons for<\/div>\n
seizure and the scheduled hearing. If the seizure occurs in connection with a summary <\/span><\/div>\n
suspension under 3 AAC 306.825, the hearing will be combined with a hearing on the summary<\/div>\n
suspension.<\/div>\n
(c) If the marijuana establishment from which the marijuana or marijuana product was <\/span><\/div>\n
seized does not request or participate in a hearing under this section, or if, after a hearing the <\/span><\/div>\n
board finds that seizure of the marijuana or marijuana product was justified, the marijuana or<\/div>\n
marijuana product will be destroyed by burning, crushing, or mixing with other material to make<\/div>\n
the marijuana or marijuana product unusable as provided in 3 AAC 306.740.<\/div>\n
(d) If a seizure under this section is of marijuana plants in place in a licensed standard or<\/div>\n
limited marijuana cultivation facility, the seizure order may direct the cultivation facility to<\/div>\n
continue care of the plants until the hearing, but prohibit any transfer, sale, or other commercial<\/div>\n
activity related to the plants. (Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.835. Hearing. (a) Except as provided in 3 AAC 306.825 or 3 AAC <\/span><\/div>\n
306.830, any person aggrieved by an action of the director, an enforcement agent, or an<\/div>\n
employee of the board, may request a hearing in compliance with AS 44.62.390 by filing a <\/span><\/div>\n
notice of defense within 15 days after receiving a written accusation. Failure to file a notice of<\/div>\n<\/div>\n
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defense as provided in this section constitutes a waiver of the right to a hearing.<\/div>\n
(b) The Office of Administrative Hearings will conduct the hearing in compliance with <\/span><\/span><\/div>\n
due process, the Alaska Administrative Procedure Act, AS 44.62.330 \u2013 AS 44.62.630, and the<\/div>\n
applicable regulations adopted by the Office of Administrative Hearings at 2 AAC 64.100 –<\/div>\n
2 AAC 64.990. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.840. Civil fines. (a) <\/span>The board may, in addition to any other penalties <\/span><\/span><\/span><\/div>\n
imposed under this title, impose a civil fine on a marijuana establishment, <\/span>licensee, or person <\/span><\/span>that<\/div>\n
the board determines has violated a provision of AS 17.38 or this chapter.<\/div>\n
(b) In a proceeding under 3 AAC 306.810 \u2013 3 AAC 306.830, the board may impose a<\/div>\n
civil fine, not to exceed the greater of<\/div>\n
(1) an amount that is three times the monetary gain realized by the marijuana <\/span><\/span><\/div>\n
establishment, licensee, or person as a result of the violation, as determined by the board; <\/span><\/span><\/div>\n
(2) $10,000 for the first violation;<\/div>\n
(3) $30,000 for the second violation; or <\/span><\/div>\n
(4) $50,000 for the third or subsequent violation. (Eff. ___\/___ \/____, Register<\/div>\n
____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.845. Appeal. (a) A<\/span>n aggrieved party may appeal to the board regarding any <\/span><\/span><\/div>\n<\/div>\n
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action of the director, an enforcement agent, or an employee of the board charged with enforcing<\/div>\n
AS 17.38 or this chapter, including suspending or revoking a license, seizing marijuana or a<\/div>\n
marijuana product, or imposing a civil fine. <\/span><\/div>\n
(b) A person aggrieved by a final decision of the board suspending or revoking a license<\/div>\n
under this chapter, or imposing a civil fine may appeal to the superior court under AS 44.62.560.<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
3 AAC 306.850. Surrender or destruction of license.<\/span> A license issued under this <\/span><\/div>\n
chapter must be surrendered to the director, an enforcement agent, or an employee of the board<\/div>\n
on demand if the director or board so orders. A license issued under this chapter must be<\/div>\n
surrendered within 10 days after the marijuana establishment loses or vacates the licensed <\/span><\/div>\n
premises. If a license is destroyed, the marijuana establishment shall promptly notify the board.<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.085 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.087 AS 17.38.900<\/div>\n
AS 17.38.084 AS 17.38.090<\/div>\n
<\/div>\n
Article 9. General Provisions. <\/span><\/div>\n
Section<\/div>\n
900. Marijuana clubs prohibited<\/div>\n
905. Public records<\/div>\n<\/div>\n
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910. Refusal to sell marijuana<\/div>\n
915. Exercise of authority<\/div>\n
920. Death of licensee<\/div>\n
990. Definitions<\/div>\n
3 AAC 306.900. Marijuana clubs prohibited. (a) A person may not maintain a place <\/span><\/span><\/span><\/div>\n
where marijuana or marijuana products are received or kept, or to which marijuana or marijuana<\/div>\n
products are brought for consumption by the public or by members of a club, association, or<\/div>\n
corporation unless the person is authorized to do so under this title.<\/div>\n
(b) A person may not maintain, operate, or lease premises for the purpose of providing a<\/div>\n
place for consuming marijuana or marijuana products for consideration by members of the public<\/div>\n
or other persons, unless the person is authorized to do so under this title.<\/div>\n
(c) In this section, “consideration” includes a membership fee, a cover charge, the sale of<\/div>\n
food, ice, mixers, or other drinks, or the furnishing of marijuana accessories for use in the<\/div>\n
consumption of marijuana or any marijuana product.<\/div>\n
(d) A person violating this section is subject to a civil fine as provided in 3 AAC<\/div>\n
306.840. (Eff.<\/span> ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS <\/span>17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090<\/div>\n
\n
AS 17.38.900<\/div>\n<\/div>\n
3 AAC 306.905. Public records. Marijuana establishment applications are public <\/span><\/div>\n
records. The board may, at the request of any applicant, designate materials confidential if they <\/span><\/div>\n
(1) contain proprietary information including trade secrets; or<\/div>\n
(2) are required to be kept confidential by any federal or state law or regulation.<\/div>\n
(Eff. ___\/___ \/____, Register ____)<\/div>\n<\/div>\n
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Authority: AS 17<\/span>.38.010 AS 17.38.090 AS 17.38.900 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.100 AS 40.25.110<\/div>\n
AS 17.38.084<\/div>\n
3 AAC 306.910. Refusal to sell marijuana. Nothing in this chapter prohibits a licensee <\/span><\/div>\n
from refusing to sell marijuana or marijuana products to any person unless that refusal is a <\/span><\/div>\n
violation of AS 18.80.210. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090<\/div>\n
\n
AS 17.38.900<\/div>\n<\/div>\n
3 AAC 306.915. Exercise of authority.<\/span> Until a marijuana establishment<\/span><\/span> surrenders its <\/span><\/span><\/div>\n
license to the board, and so long as business is conducted under the license on the licensed<\/div>\n
premises, the person holding the license, whether an individual, a partnership, a limited liability <\/span><\/span><\/div>\n
company, a corporation, or a local government, is responsible and liable for the conduct of the<\/div>\n
business. Any individual exercising actual authority over the conduct of business on the licensed <\/span><\/span><\/div>\n
premises must be the holder of the marijuana establishment license, or <\/span>an agent or employee of<\/div>\n
that person unless the board has approved a <\/span>transfer of the license to a different person. (Eff. <\/span><\/span><\/span><\/div>\n
___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090<\/div>\n
\n
AS 17.38.900<\/div>\n<\/div>\n
3 AAC 306.920. Death of licensee. (a) If<\/span><\/span> an individual who is the sole licensee of a <\/span><\/div>\n
marijuana establishment dies, the <\/span>marijuana establishment shall<\/span> cease operation. A <\/span><\/span>personal <\/span><\/span><\/div>\n
representative appointed by the superior court <\/span>for the estate of the deceased licensee may submit<\/div>\n
to the director a written request to reopen the business, along with a copy of the court order <\/span><\/span><\/div>\n
appointing the personal representative<\/span>. If the licensed marijuana establishment is in good <\/span><\/div>\n<\/div>\n
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standing, and the personal representative is not a person prohibited from holding a marijuana<\/div>\n
establishment by AS 17.38.100(i), the director <\/span>shall grant permission to the personal<\/div>\n
representative to operate the business <\/span>on the licensed premises subject to (b) of this section. In <\/span><\/span><\/div>\n
this section, \u201cgood standing\u201d means the marijuana establishment<\/div>\n
(1) has a valid current license;<\/span><\/div>\n
(2) has paid all fees due under this chapter, and all local taxes due; and <\/span><\/div>\n
(3) has no unresolved suspension or revocation proceedings against it.<\/div>\n
(b) A personal representative authorized to operate a marijuana establishment unde<\/span>r (a)<\/div>\n
of this section must submit an application for a transfer of ownership to another person in<\/div>\n
compliance with 3 AAC 306.045 within 90 days after obtaining the director\u2019s approval to<\/div>\n
operate. The board may extend the time allowed in this section for another 90 days if the <\/span><\/div>\n
personal representative requests the additional time.<\/div>\n
(c) This section does not authorize the transfer of a marijuana establishment license <\/span><\/span><\/div>\n
unless the board approves the personal representative\u2019s application for transfer of license to<\/div>\n
another person. (Eff. ___\/___ \/____, Register ____)<\/div>\n
Authority: AS 17.38.010 AS 17.38.084 AS 17.38.100 <\/span><\/span><\/div>\n
AS 17.38.070 AS 17.38.090<\/div>\n
\n
AS 17.38.900<\/div>\n<\/div>\n
3 AAC 306.990. Definitions.<\/span> (a) In AS 17.38 and this chapter<\/span>, <\/span><\/div>\n
(1) “affiliate” means a person that directly or indirectly through one or more <\/span><\/span><\/div>\n
intermediaries controls, or is controlled by, or is under common control with, a partnership,<\/div>\n
limited liability company, or corporation subject to this chapter; <\/span><\/div>\n
(2) \u201cassisting\u201d does not include<\/div>\n
(A) using, displaying, purchasing, or transporting marijuana in excess of<\/div>\n<\/div>\n
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the amount allowed in AS 17.38.020;<\/div>\n
(B) possessing, growing, processing, or transporting marijuana plants in<\/div>\n
excess of the number allowed in AS 17.38.020; <\/span><\/div>\n
(C) growing marijuana plants for another person in a place other than<\/div>\n
(i) that other person’s primary residence; or<\/div>\n
(ii) a garage, shed, or similar place under the other person’s <\/span><\/div>\n
control;<\/div>\n
(3) “delivering” <\/span><\/div>\n
(A) means handing to a person who purchases the product on licensed<\/div>\n
premises only;<\/div>\n
(B) does not include transferring or transporting to a consumer off <\/span><\/div>\n
licensed premises;<\/div>\n
(4) \u201cflowering\u201d means a marijuana plant that has visible crystals, buds, or<\/div>\n
flowers, or for which the exposure to light is scheduled with the intent to produce crystals, buds,<\/div>\n
or flowers;<\/div>\n
(5) \u201cimmature\u201d means a marijuana plant with no visible crystals, buds, or<\/div>\n
flowers, and in which the exposure to light is scheduled with the intent to prevent formation of<\/div>\n
crystals, buds, or flowers;<\/div>\n
(6) \u201cpersonal cultivation\u201d does not include<\/div>\n
(A) using, displaying, purchasing, or transporting marijuana in excess of<\/div>\n
the amount allowed in AS 17.38.020;<\/div>\n
(B) possessing, growing, processing, or transporting marijuana plants in<\/div>\n
excess of the number allowed in AS 17.38.020; <\/span><\/div>\n<\/div>\n
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(C) growing marijuana plants for another person in a place other than<\/div>\n
(i) that other person’s primary residence; or<\/div>\n
(ii) a garage, shed, or similar place under the other <\/span><\/div>\n
person\u2019s control;<\/div>\n
(7) \u201cpossess\u201d means having physical possession or control over property;<\/div>\n
(8) \u201cregistration\u201d means \u201clicensure,<\/span>\u201d or \u201clicense;\u201d<\/span><\/div>\n
(9) \u201ctransport\u201d or \u201ctransfer\u201d means to deliver between licensed marijuana <\/span><\/div>\n
establishments as provided in 3 AAC 306.750.<\/div>\n
(b) In this chapter, unless the context requires otherwise,<\/span><\/div>\n
(1) “adulterated food or drink product”<\/div>\n
(A ) means a product that is intended to be consumed orally and that<\/div>\n
existed without marijuana in a form ready for consumption before marijuana was added<\/div>\n
by any process;<\/div>\n
(B) does not include raw ingredients that are combined with marijuana in<\/div>\n
a manufacturing process;<\/div>\n
(2) \u201cagent\u201d <\/span><\/div>\n
(A) means a representative who is authorized to act for a licensee, the <\/span><\/div>\n
board, or the director;<\/div>\n
(B) includes a contractor or subcontractor;<\/div>\n
(3) \u201cbatch\u201d or \u201dharvest batch\u201d means a specifically identified quantity of plant <\/span><\/div>\n
trim, leaf, and other usable product from marijuana plants that are uniform in strain, cultivated in<\/div>\n
one place and under the same conditions, using the same medium and agricultural chemicals <\/span><\/div>\n
including pesticides and fungicides, and harvested at the same time;<\/div>\n<\/div>\n
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(4) \u201cbud and flower\u201d means the hairy, sticky, or crystal-covered parts of mature<\/div>\n
female marijuana plants generally harvested for their high potency content;<\/div>\n
(5<\/span>) \u201cbusiness day\u201d means a day other than a Saturday, Sunday, or a state holiday;<\/div>\n
(6) \u201cCBN\u201d means<\/span> cannabinol;<\/div>\n
(7) \u201cCBD\u201d means<\/span><\/span> cannabidiol;<\/div>\n
(8) \u201cCBDA\u201d means CBD Aci<\/span><\/span>d;<\/div>\n
(9) \u201cclones\u201d or \u201ccuttings\u201d means small starter plants <\/span><\/div>\n
(A) shorter than eight inches tall; and<\/span><\/div>\n
(B) used to propagate marijuana plants;<\/div>\n
(10) \u201ccompensation\u201d <\/span><\/div>\n
(A) means money, bartered objects or services, or anything else of value, <\/span><\/div>\n
whether given as payment or voluntarily as a donation, when accepted by a person who<\/div>\n
gives, distributes, or delivers marijuana to another;<\/div>\n
(B) includes a cover charge, a delivery charge, and a packaging charge; <\/span><\/div>\n
(11) \u201cconcentrate\u201d or <\/span><\/span>“marijuana concentrate” means resin, oil, wax, or any other<\/div>\n
substance produced by extracting or isolating cannabinoids, THC, or other components from a <\/span><\/div>\n
marijuana plant or from materials harvested from a marijuana plant; <\/span><\/div>\n
(12) \u201cconsumer\u201d <\/span><\/span><\/div>\n
(A) means an individual who purchases and uses marijuana or a<\/div>\n
marijuana product; and<\/div>\n
(B) does not include any marijuana establishment<\/span> that re<\/span>–sells marijuana <\/span><\/span><\/div>\n
or incorporates marijuana into a manufactured<\/span> product;<\/div>\n
(13) \u201ccontaminant<\/span><\/span>\u201d means one or more of the following:<\/div>\n<\/div>\n
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(A)<\/span> harmful microbials, including Escherichia coli (<\/span>E. coli). or <\/span><\/span><\/span>Salmonella <\/span><\/span><\/span><\/div>\n
species;<\/div>\n
(B) residual solvents;<\/div>\n
(C<\/span>) poisons or toxins;<\/div>\n
(D) harmful chemicals, including pesticides; <\/span><\/div>\n
(E) dangerous molds, mildew, or filth;<\/div>\n
(14) \u201ccontrolling interest\u201d means ownership or control of <\/span><\/span><\/span><\/div>\n
(A)<\/span> 50 percent or more of the ownership interest or voting shares of a<\/div>\n
corporation; or<\/div>\n
(B) less than 50 percent if a person and family members jointly exert <\/span><\/div>\n
actual control as demonstrated by <\/span><\/div>\n
(i) making decisions for the corporation without independent<\/div>\n
participation of other owners;<\/div>\n
(ii) exercising day–<\/span>to-day control over the corporation’s affairs; <\/span><\/span><\/div>\n
(iii) disregarding formal legal requirements; <\/span><\/div>\n
(iv) using corporation funds for personal expenses or investments,<\/div>\n
or intermingling corporation finances with personal finances; or<\/div>\n
(v) taking other actions that indicate the corporation is a mere<\/div>\n
instrumentality of the individual;<\/div>\n
(15) \u201cdistribute\u201d means spread out or pass out among several or many members <\/span><\/span><\/div>\n
of a group;<\/div>\n
(16) “edible” and “edible marijuana product”<\/div>\n
(A) means a marijuana product that is intended to be consumed orally, <\/span><\/div>\n<\/div>\n
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whether as food or drink;<\/div>\n
(B) does not include an adulterated food or drink product;<\/div>\n
(17) \u201cextraction\u201d or \u201cmarijuana extraction\u201d means production of marijuana <\/span><\/div>\n
concentrate by any water-based, food-based, or solvent-based method; <\/span><\/div>\n
(18) \u201chomogenous\u201d means a component or quality, such as THC, is spread<\/div>\n
evenly throughout the product, or can be found in equal amounts in each part of a multi-serving <\/span><\/div>\n
unit;<\/div>\n
(19<\/span>) \u201cindividual\u201d means a natural person;<\/div>\n
(20) \u201cin-house testing\u201d<\/div>\n
(A) means laboratory testing as provided in 3 AAC 306.635;<\/div>\n
(B) does not include consumption of any marijuana or marijuana product<\/div>\n
on the licensed premises; <\/span><\/div>\n
(20) “licensed”<\/span><\/div>\n
(A) means holding a current and valid license that the board has issued<\/div>\n
under this chapter;<\/div>\n
(B) does not include holding a formerly valid license that has expired or<\/div>\n
that the board has suspended or revoked;<\/div>\n
(21) \u201clicense<\/span><\/span>e\u201d means each<\/span><\/span> individual identified in 3 AAC 306.020 who must be<\/div>\n
listed in an application for a marijuana establishment license under this chapter; <\/span><\/div>\n
(22) \u201clicensed premises\u201d means any or all designated portions of a building or<\/div>\n
structure, or rooms or enclosures in the building or structure, at the specific address for which a <\/span><\/div>\n
marijuana establishment license is issued, and used, controlled, or operated by <\/span><\/span>the marijuana <\/span><\/div>\n
establishment to carry out the business for which <\/span>it is licensed; <\/span><\/div>\n<\/div>\n
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(23) \u201clot\u201d or \u201cproduction lot\u201d means a group of marijuana products that were<\/div>\n
prepared at the same time from the same batch of marijuana, using the same recipe or process;<\/div>\n
(24) <\/span>“marijuana” <\/span>has the meaning given in AS 17.38.900;<\/div>\n
(25) <\/span><\/span>“marijuana cultivation facility” has the meaning given in AS 17.38.900; <\/span><\/span><\/div>\n
(26) \u201cmarijuana plant\u201d means a living organism of the genus <\/span>Cannabis<\/span> capable of <\/span><\/div>\n
absorbing water and inorganic substances through its roots, and synthesizing nutrients in its<\/div>\n
leaves by photosynthesis;<\/div>\n
(27) “marijuana product” has the meaning given in AS 17.38.900;<\/div>\n
(28) <\/span> “marijuana product manufacturing facility” has the meaning given in <\/span><\/div>\n
AS 17.38.900; <\/span><\/div>\n
(29) \u201cpeace officer\u201d has the meaning given in AS 01.10.060; <\/span><\/div>\n
(30) \u201cperson\u201d has the meaning given in AS 01.10.060;<\/div>\n
(31) \u201cprocess\u201d or \u201cprocessing\u201d means <\/span>harvesting, curing, drying, trimming of a <\/span><\/div>\n
marijuana plant;<\/div>\n
(32) \u201cpropagate\u201d means to cause a marijuana plant to grow by <\/span><\/span>planting clones or <\/span><\/div>\n
cuttings, and nurturing them into viable plants up to 8 inches in height;<\/div>\n
(33) <\/span> \u201crecreation or youth center\u201d mea<\/span>ns a building, structure, athletic playing<\/div>\n
field, or playground<\/div>\n
(A) run or created by a <\/span>local government<\/span> or the state to provide athletic, <\/span><\/div>\n
recreational, or leisure activities for minors; or<\/div>\n
(B) operated by a public or private organization licensed to provide<\/div>\n
shelter, training, or guidance for minors;<\/div>\n
(34) “retail marijuana store” has the meaning given in AS 17.38.900;<\/div>\n<\/div>\n
<\/div>\n<\/div>\n
\n
\n

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Register , 2016 COMMERCE, COMMUNITY, AND EC. DEV. <\/span><\/span><\/div>\n
10\/1\/2015<\/div>\n
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\n
133<\/div>\n<\/div>\n
(35) “square feet under cultivation”<\/div>\n
(A) means an area of the licensed premises of a standard or limited<\/div>\n
marijuana cultivation facility that is used for growing marijuana, measured from<\/span> the <\/span><\/span><\/span><\/div>\n
perimeter of the floor or growing space for marijuana; <\/span><\/span><\/div>\n
(B) does not include a processing or storage area, an equipment storage<\/div>\n
area, an office, a hallway, or another area, if that area is not used for growing marijuana; <\/span><\/div>\n
(36) <\/span> \u201cTHC\u201d means <\/span>tetrahydrocannabinol, <\/span>the main psychoactive substance found<\/div>\n
in marijuana; <\/span><\/div>\n
(37) \u201cTHCA\u201d means THC Acid<\/span>;<\/div>\n
(38) \u201ctransaction\u201d means one single occurrence in which marijuana or a <\/span><\/span><\/div>\n
marijuana product not exceeding the limits set out in 3 AAC 306.355 is passed from a licensed <\/span><\/span><\/span><\/span><\/div>\n
marijuana establishment to another person. Eff. ___\/___ \/____, Register ____) <\/span><\/div>\n
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084 <\/span><\/span><\/div>\n
AS 17.38.090 AS 17.38.100 AS 17.38.900<\/div>\n
<\/div>\n
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<\/div>\n<\/div>\n<\/div>\n
<\/div>\n","protected":false},"excerpt":{"rendered":"

Register , 2016 COMMERCE, COMMUNITY, AND EC. DEV. 10\/1\/2015 1 3 AAC is amended by adding a new chapter to read: Chapter 306. Regulation of Marijuana Industry. Article beginning page 1. Licensing, Fees (3 AAC 306.005 – 3AAC 306.100) 1 2. Local Options (3 AAC 306.200 – 3AAC 306.260) 28 3. Retail Marijuana Stores (3 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1590","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/pages\/1590","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/comments?post=1590"}],"version-history":[{"count":3,"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/pages\/1590\/revisions"}],"predecessor-version":[{"id":1718,"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/pages\/1590\/revisions\/1718"}],"up":[{"embeddable":true,"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/pages\/5"}],"wp:attachment":[{"href":"http:\/\/alaskahemp.com\/420\/wp-json\/wp\/v2\/media?parent=1590"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}