reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.114. Seizure and custody of property.

(a) Property listed in AS 17.30.110 may be seized by a peace officer upon an order issued by a court having jurisdiction over the property upon a showing of probable cause that the property may be forfeited under AS 17.30.110. Seizure without a court order may be made if
(1) the seizure is incident to a valid arrest or a search under a valid search warrant;
(2) the property subject to seizure has been the subject of an earlier judgment in favor of the state in a criminal proceeding or civil proceeding in rem under this chapter or AS 11.71; or
(3) there is probable cause that the property was used, is being used, or is intended for use, in violation of this chapter or AS 11.71 and the property is easily movable; property seized under this paragraph may not be held for more than 48 hours without a court order obtained to continue its detention.
(b) Property taken or detained under (a) of this section shall be held in the custody of either the commissioner of public safety or a municipal law enforcement agency authorized by the commissioner of public safety to retain custody of property listed in AS 17.30.110 subject only to the orders and decrees of the court having jurisdiction over any forfeiture proceedings. If property is seized under this chapter, the commissioner of public safety or an authorized municipal law enforcement agency may
(1) place the property under seal;
(2) remove the property to a place designated by the court;
(3) take custody of the property and remove it to an appropriate location for disposition in accordance with law; or
(4) with court approval, transfer the property to another state or federal law enforcement agency for forfeiture proceedings by that agency; the court having jurisdiction shall grant the approval under this paragraph if the property
(A) will be retained within the jurisdiction of the court by the agency to which the property is being transferred; or
(B) is
(i) not needed as evidence; or
(ii) needed as evidence, and the property is fungible or the property's evidentiary value can otherwise be preserved without retaining the property within the jurisdiction of the court.
(c) Within 10 days after a seizure under AS 17.30.110 - 17.30.126, the commissioner of public safety shall make an inventory of any property seized, including controlled substances, and shall appraise the value of any items seized other than controlled substances.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.116. Procedure for forfeiture action.

(a) Within 20 days after a seizure under AS 17.30.110 - 17.30.126, the commissioner of public safety shall, by certified mail, notify any person known to have an interest in an item with an appraised value of $500 or more, or who is ascertainable from official registration numbers, licenses, or other state, federal, or municipal numbers on the item, of the pending forfeiture action. Additionally, the commissioner of public safety shall publish notice of forfeiture action of an item valued at $500 or more in a newspaper of general circulation in the judicial district in which the seizure was made, or if no newspaper is published in that judicial district, in a newspaper published in the state and distributed in that judicial district. The notice shall be published once each week during four consecutive calendar weeks. The requirements of this subsection do not apply to the forfeiture of controlled substances which have been manufactured, distributed, dispensed, or possessed in violation of this chapter or AS 11.71, regardless of their value.
(b) Upon service or publication of notice of commencement of a forfeiture action under this section, a person claiming interest in the property shall file within 30 days after the service or publication, a notice of claim setting out the nature of the interest, the date it was acquired, the consideration paid, and an answer to the state's allegations. If a claim and answer is not filed within the time specified, the property described in the state's allegation must be ordered forfeited to the state without further proceedings or showings.
(c) Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under this section must be determined by the court sitting without a jury. This proceeding may be held in abeyance until conclusion of any pending criminal charges against the claimant under this chapter or AS 11.71.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.118. Petition for release of seized items.

(a) A claimant under AS 17.30.116(b) may at any time petition for release of a seized item as follows:
(1) to a court in which a warrant for seizure has been issued;
(2) to a court in which a criminal or civil action alleging forfeiture of the item has been filed; or
(3) before an action is filed, or if no seizure warrant was issued, to a court in the judicial district in which the violation took place.
(b) An item may not be released by the court under (a) of this section unless the claimant gives adequate assurance that the item will remain subject to the court's jurisdiction and
(1) the court finds that the release is in the best interests of the state; or
(2) the claimant provides a bond or other valid and equivalent security equal to twice the assessed value of the item.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.120. Petition for sale of seized item.

A claimant may petition the court for sale of an item before final disposition of court proceedings. The court shall grant a petition for sale upon a finding that the sale is in the best interests of the state and the preservation and maintenance of the item seized. Proceeds from the sale plus interest to the date of final disposition of the court proceedings become the subject of the forfeiture action.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.122. State disposal of forfeited property.

Property forfeited under AS 17.30.110 - 17.30.126 other than controlled substances and firearms shall be disposed of by the commissioner of administration in accordance with applicable law. Firearms shall be disposed of as provided in AS 18.65.340. As to property other than firearms or controlled substances, the commissioner of administration may
(1) destroy property harmful to the public;
(2) sell the property and use the proceeds for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs;
(3) take custody of the property and authorize its use in the enforcement of this chapter or AS 11.71, or transfer it to another agency of the state or a political subdivision of the state for a use in furtherance of the administration of justice;
(4) take custody of the property and remove it for disposition in accordance with law;
(5) forward it to the Drug Enforcement Administration of the United States Department of Justice for disposition; or
(6) transfer ownership of an aircraft to the Alaska Wing, Civil Air Patrol.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.124. Remittance to claimant.

(a) Upon a showing that a claimant is entitled to remittance under AS 17.30.110 - 17.30.126, the court shall order that
(1) if the claimant is entitled to the item, it shall be delivered to the claimant immediately;
(2) if the claimant is entitled to remittance of some value less than the total value of the item, the claimant is entitled, at the claimant's choice, to receive either the value of the claimant's interest or, upon receipt of payment of the difference in value by the claimant, the entire item.
(b) An offender who used an item subject to remission in violation of this chapter or AS 11.71 shall be assessed a fine which may not be less than the cost of any lien payment or remittance made by the state plus the reasonable costs of the seizure.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.126. Forfeiture of controlled substances.

(a) A controlled substance manufactured, possessed, transferred, sold, or offered for sale in violation of this chapter or AS 11.71 is contraband and must be seized and summarily forfeited to the state. The commissioner of public safety or the commissioner's designee, including a municipal law enforcement agency authorized under AS 17.30.114(b) to retain custody of controlled substances, is responsible for the disposal of controlled substances which have been forfeited. The controlled substances shall be disposed of in accordance with procedures and requirements prescribed by the commissioner.
(b) Plants from which controlled substances may be derived and which have been planted or cultivated in violation of this chapter or AS 11.71, or which are grown in the wild, may be seized and summarily forfeited to the state.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 3. Education and Research. › Sec. 17.30.140. Education and research.

(a) The commissioner of health shall provide for educational programs designed to prevent and deter the abuse of controlled substances. In connection with these programs, the commissioner may
(1) assist the regulated industry and interested groups and organizations in contributing to the reduction of abuse of controlled substances;
(2) promote better recognition of the problems surrounding abuse of controlled substances within the regulated industry and among interested groups and organizations;
(3) consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(4) evaluate procedures, projects, and techniques conducted or proposed as part of educational programs on abuse of controlled substances;
(5) disseminate the results of research on abuse of controlled substances to promote a better public understanding of the problems which exist and their solutions; and
(6) with the cooperation of the Department of Law, assist in the education and training of state and local law enforcement officials in their efforts to prevent illicit traffic in and abuse of controlled substances.
(b) The commissioner of health shall encourage research on controlled substances and may
(1) establish methods to assess the effects of controlled substances and identify and characterize those with potential for abuse;
(2) make studies and undertake research to
(A) develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter;
(B) determine patterns of abuse of controlled substances and their social effects; and
(C) improve methods for preventing, predicting, and understanding the abuse of controlled substances;
(3) enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for conducting research, demonstrations, or special projects which bear directly on abuse of controlled substances and for related research and educational activities.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 4. Information. › Sec. 17.30.150. Reliance on Drug Enforcement Administration.

Results, information, and evidence received from the Drug Enforcement Administration of the United States Department of Justice relating to the enforcement functions of this chapter, including results of inspections conducted by it, may be relied on and acted on by the Department of Public Safety in the exercise of its enforcement functions under this chapter.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 4. Information. › Sec. 17.30.155. Confidentiality of certain information.

A practitioner engaged in medical practice or research may not disclose the name or identity of a patient or research subject that the practitioner is required to keep confidential unless ordered by a court to disclose it within the context of a criminal investigation or proceeding.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 37. Medical Uses of Marijuana › Sec. 17.37.030. Privileged medical use of marijuana.

(a) A patient, primary caregiver, or alternate caregiver registered with the department under this chapter has an affirmative defense to a criminal prosecution related to marijuana to the extent provided in AS 11.71.090.
(b) Except as otherwise provided by law, a person is not subject to arrest, prosecution, or penalty in any manner for applying to have the person's name placed on the confidential registry maintained by the department under AS 17.37.010.
(c) A physician is not subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of any right or privilege, for
(1) advising a patient whom the physician has diagnosed as having a debilitating medical condition about the risks and benefits of medical use of marijuana or that the patient might benefit from the medical use of marijuana, provided that the advice is based upon the physician's contemporaneous assessment in the context of a bona fide physician-patient relationship of
(A) the patient's medical history and current medical condition; and
(B) other approved medications and treatments that might provide relief and that are reasonably available to the patient and that can be tolerated by the patient; or
(2) providing a patient with a written statement in an application for registration under AS 17.37.010.
(d) Notwithstanding the provisions of this section, a person, including a patient, primary caregiver, or alternate caregiver, is not entitled to the protection of this chapter for the person's acquisition, possession, cultivation, use, sale, distribution, or transportation of marijuana for nonmedical use.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 37. Medical Uses of Marijuana › Sec. 17.37.040. Restrictions on medical use of marijuana.

(a) A patient, primary caregiver, or alternate caregiver may not
(1) engage in the medical use of marijuana in a way that endangers the health or well-being of any person;
(2) engage in the medical use of marijuana in plain view of, or in a place open to, the general public; this paragraph does not prohibit a patient or primary caregiver from possessing marijuana in a place open to the general public if
(A) the person possesses, in a closed container carried on the person, one ounce or less of marijuana in usable form;
(B) the marijuana is not visible to anyone other than the patient or primary caregiver; and
(C) the possession is limited to that necessary to transport the marijuana directly to the patient or primary caregiver or directly to a place where the patient or primary caregiver may lawfully possess or use the marijuana;
(3) sell or distribute marijuana to any person, except that a patient may deliver marijuana to the patient's primary caregiver and a primary caregiver may deliver marijuana to the patient for whom the caregiver is listed; or
(4) possess in the aggregate more than
(A) one ounce of marijuana in usable form; and
(B) six marijuana plants, with no more than three mature and flowering plants producing usable marijuana at any one time.
(b) Any patient found by a preponderance of the evidence to have knowingly violated the provisions of this chapter shall be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of one year. In this subsection, “knowingly” has the meaning given in AS 11.81.900.
(c) A governmental, private, or other health insurance provider is not liable for any claim for reimbursement for expenses associated with medical use of marijuana.
(d) Nothing in this chapter requires any accommodation of any medical use of marijuana
(1) in any place of employment;
(2) in any correctional facility, medical facility, or facility monitored by the department or the Department of Administration;
(3) on or within 500 feet of school grounds;
(4) at or within 500 feet of a recreation or youth center; or
(5) on a school bus.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 37. Medical Uses of Marijuana › Sec. 17.37.060. Addition of debilitating medical conditions.

The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) governing the manner in which it may consider adding debilitating medical conditions to the list provided in AS 17.37.070.
After the adoption of the regulations, the department shall also accept for consideration physician or patient initiated petitions to add debilitating medical conditions to the list provided in AS 17.37.070 and, after hearing, shall approve or deny the petitions within 180 days after submission. The denial of a petition shall be considered a final agency action subject to judicial review.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.010. Purpose and findings.

(a) In the interest of allowing law enforcement to focus on violent and property crimes, and to enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana should be legal for persons 21 years of age or older.
(b) In the interest of the health and public safety of our citizenry, the people of the state of Alaska further find and declare that the production and sale of marijuana should be regulated so that
(1) individuals will have to show proof of age before purchasing marijuana;
(2) legitimate, taxpaying business people, and not criminal actors, will conduct sales of marijuana; and
(3) marijuana sold by regulated businesses will be labeled and subject to additional regulations to ensure that consumers are informed and protected.
(c) The people of the state of Alaska further declare that the provisions of this Act are not intended to diminish the right to privacy as interpreted by the Alaska Supreme Court in Ravin v. State of Alaska.
(d) Nothing in this Act proposes or intends to require any individual or entity to engage in any conduct that violates federal law, or exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal law.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.020. Personal use of marijuana.

Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and are not criminal or civil offenses under state law or the law of any political subdivision of the state or a basis for seizure or forfeiture of assets under state law:
(1) possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana;
(2) possessing, growing, processing, or transporting not more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, except that not more than 12 marijuana plants, with six or fewer being mature, flowering plants, may be present in a single dwelling regardless of the number of persons 21 years of age or older residing in the dwelling;
(3) transferring one ounce or less of marijuana and up to six immature marijuana plants to a person who is 21 years of age or older without remuneration;
(4) consumption of marijuana, except that nothing in this chapter permits the consumption of marijuana in public; and
(5) assisting, aiding, or supporting another person who is 21 years of age or older in any of the acts described in (1) - (4) of this section.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.030. Restrictions on personal cultivation, penalty.

(a) The personal cultivation of marijuana described in AS 17.38.020(2) is subject to the following terms:
(1) marijuana plants shall be cultivated in a location where the plants are not subject to public view without the use of binoculars, aircraft, or other optical aids;
(2) a person who cultivates marijuana must take reasonable precautions to ensure the plants are secure from unauthorized access;
(3) marijuana cultivation may only occur on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.
(b) A person who violates this section while otherwise acting in compliance with AS 17.38.020(2) is guilty of a violation punishable by a fine of up to $750.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.050. False identification, penalty.

(a) A person who is under 21 years of age may not present or offer to a marijuana establishment or the marijuana establishment's agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the person's own, for the purpose of
(1) purchasing, attempting to purchase, or otherwise procuring or attempting to procure marijuana or marijuana products; or
(2) gaining access to a marijuana establishment.
(b) A person who violates this section is guilty of a violation punishable by a fine of up to $400.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.060. Marijuana accessories authorized.

Notwithstanding any other provision of law, it is lawful and is not an offense under state law or the law of any political subdivision of the state or a basis for seizure or forfeiture of assets under state law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or to distribute or sell marijuana accessories to a person who is 21 years of age or older.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.080. Marijuana Control Board; appointment and qualifications.

(a) The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.
(b) The board members shall be appointed by the governor and confirmed by a majority of the members of the legislature in joint session. A member of the board may not hold any other state or federal office, either elective or appointive. The board consists of five voting members as follows:
(1) one person from the public safety sector;
(2) one person from the public health sector;
(3) one person currently residing in a rural area;
(4) one person actively engaged in the marijuana industry; and
(5) one person who is either from the general public or actively engaged in the marijuana industry.
(c) Not more than two members of the board may be engaged in the same business, occupation, or profession.
(d) A board member representing the general public, the public safety sector, the public health sector, or a rural area, or the member's immediate family member, may not have a financial interest in the marijuana industry.
(e) In this section,
(1) “financial interest” means holding, directly or indirectly, a legal or equitable interest in the operation of a business licensed under this chapter;
(2) “immediate family member” means a spouse, child, or parent;
(3) “marijuana industry” means a business or profession related to marijuana in which the person is lawfully engaged and that is in compliance with the provisions of state law, including this chapter and regulations adopted under this chapter;
(4) “public health sector” means a state, federal, or local entity that works to ensure the health and safety of persons and communities through education, policymaking, treatment and prevention of injury and disease, and promotion of wellness;
(5) “public safety sector” means a state, federal, or local law enforcement authority that provides for the welfare and protection of the general public through the enforcement of applicable laws;
(6) “rural area” means a community with a population of 7,000 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 2,000 or less that is connected by road or rail to Anchorage or Fairbanks.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.091. Terms of office; chair.

(a) Members of the board serve staggered three-year terms.
(b) Except as provided in AS 39.05.080(4), a member of the board serves until a successor is appointed.
(c) A vacancy occurring in the membership of the board shall be filled within 30 days by appointment of the governor for the unexpired portion of the vacated term.
(d) A member who has served all or part of three successive terms on the board may not be reappointed to the board unless three years have elapsed since the person has last served on the board.
(e) The board shall select a chair from among its members.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.111. Meetings.

(a) The board shall meet at the call of the chair. The board shall also meet at least once each year in each judicial district of the state to study this chapter and existing board regulations in light of statewide and local issues. Unless impracticable, the board shall hold its regular meetings at the same location as and within 24 hours of the regular meetings of the Alcoholic Beverage Control Board.
(b) Three members of the board constitute a quorum for the conduct of business. A majority of the whole membership of the board must approve applications for new licenses, renewals, transfers, suspensions, and revocations of existing licenses, and product approvals as provided in regulations adopted by the board.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.121. Powers and duties of the board.

(a) The board shall control the cultivation, manufacture, and sale of marijuana in the state. The board is vested with the powers and duties necessary to enforce this chapter.
(b) The board shall
(1) propose and adopt regulations;
(2) establish by regulation the qualifications for licensure including fees and factors related to the applicant's experience, criminal justice history, and financial interests;
(3) review applications for licensure made under this chapter and may order the executive director to issue, renew, suspend, or revoke a license authorized under this chapter; and
(4) hear appeals from actions of the director and from actions of officers and employees charged with enforcing this chapter and the regulations adopted under this chapter.
(c) When considering an application for licensure, the board may reduce the area to be designated as the licensed premises from the area applied for if the board determines that a reduction in area is necessary to ensure control over the sale and consumption of marijuana on the premises or is otherwise in the public interest.
(d) The board shall adopt regulations under this chapter in accordance with AS 44.62 (Administrative Procedure Act).
(e) The board may employ, directly or through contracts with other departments and agencies of the state, enforcement agents and staff it considers necessary to carry out the purposes of this chapter. The salaries of personnel of the board in the exempt service shall be set by the Department of Administration.
(f) The board shall promptly notify all licensees and municipalities of major changes to this chapter and to regulations adopted under this chapter. However, if changes affect only specific classifications of licenses and permits, the board need only notify those licensees and municipalities directly affected by the changes. Current copies of this chapter and current copies of the regulations adopted under this chapter shall be made available at all offices in the state of the Department of Commerce, Community, and Economic Development and the detachment headquarters and posts maintained by the division of Alaska state troopers in the Department of Public Safety.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.131. Enforcement powers.

The director and the persons employed for the administration and enforcement of this chapter may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the criminally punishable provisions of this chapter, other criminal statutes relating to substances or activities regulated or permitted under this chapter, regulations of the board, and other criminally punishable laws and regulations relating to marijuana.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.140. Appointment and removal of director; staff.

(a) The director of the Alcoholic Beverage Control Board appointed under AS 04.06.070 shall serve as the director of the board. The board may remove the director by a majority vote of the full membership of the board and a majority vote of the full membership of the Alcoholic Beverage Control Board. The governor may remove the executive director as provided in AS 04.06.070.
(b) The paid staff of the Alcoholic Beverage Control Board created in AS 04.06.010 shall also be the staff for the board.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.150. Duties of director.

The director shall enforce this chapter and regulations adopted by the board. The director shall issue, renew, transfer, suspend, or revoke all licenses and permits and issue product approvals at the direction of the board. The board may delegate to the director the authority to temporarily grant or deny the issuance, renewal, or transfer of licenses and permits. The director's temporary grant or denial of the issuance, renewal, or transfer of a license or permit is not binding on the board. The board may delegate to the director any duty imposed by this chapter except its power to propose and adopt regulations.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.190. Rulemaking.

(a) The board shall adopt regulations necessary for implementation of this chapter. Regulations under this subsection may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. The regulations must include
(1) procedures for the issuance, renewal, suspension, and revocation of a registration to operate a marijuana establishment; procedures under this paragraph are subject to all requirements of AS 44.62 (Administrative Procedure Act);
(2) a schedule of application, registration, and renewal fees; application fees may not exceed $5,000, with this upper limit adjusted annually for inflation, unless the board determines a greater fee is necessary to carry out its responsibilities under this chapter;
(3) qualifications for registration that are directly and demonstrably related to the operation of a marijuana establishment;
(4) security requirements for marijuana establishments, including for the transportation of marijuana by marijuana establishments;
(5) requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of 21;
(6) labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;
(7) health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;
(8) reasonable restrictions on the advertising and display of marijuana and marijuana products; and
(9) civil penalties for the failure to comply with regulations made under this chapter.
(b) In order to ensure that individual privacy is protected, the board may not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer's age, and a retail marijuana store may not be required to acquire and record personal information about consumers.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.220. Employers, driving, minors, and control of property.

(a) Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.
(b) Nothing in this chapter is intended to allow driving under the influence of marijuana or to supersede laws related to driving under the influence of marijuana.
(c) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of 21.
(d) Nothing in this chapter shall prohibit a person, employer, school, hospital, recreation or youth center, correction facility, corporation, or any other entity who occupies, owns, or controls private property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.300. Local option election by an established village.

(a) If a majority of the voters voting on the question vote to approve the option, an established village shall exercise a local option to prohibit the operation of one or more of the following types of marijuana establishments:
(1) marijuana cultivation facilities;
(2) marijuana product manufacturing facilities;
(3) marijuana testing facilities; or
(4) retail marijuana stores.
(b) A ballot question to adopt a local option under this section must at least contain language substantially similar to the following §Shall (name of village) adopt a local option to prohibit (specify local option under (a) of this section)? (yes or no).”
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.310. Removal of local option.

(a) If a majority of the voters voting on the question vote to remove the option, an established village shall remove a local option previously adopted under AS 17.38.300. The option is repealed effective the first day of the month following certification of the results of the election.
(b) A ballot question to remove a local option under this section must at least contain language substantially similar to the following §Shall (name of village) remove the local option currently in effect, that prohibits (current local option under AS 17.38.300(a)), so that there is no longer any local option in effect? (yes or no).”
(c) When issuing a registration in the area that has removed a local option, the board shall give priority to an applicant who was formerly registered and whose registration was 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 registration, and the board is not required to approve the application.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.320. Effect on registrations of prohibition of marijuana establishments.

If a majority of voters vote to prohibit the operation of marijuana establishments under AS 17.38.300, the board may not issue, renew, or transfer, between persons or locations, a registration for a marijuana establishment located within the perimeter of the established village. A registration that may not be renewed because of a local option election held under AS 17.38.300 is void 90 days after the results of the election are certified. A registration that expires during the 90 days after the results of a local option election are certified may be extended, until it is void under this section, by payment of a prorated portion of the annual registration fee.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.330. Prohibition of sale and manufacture after election.

(a) If a majority of the voters vote to prohibit the operation of marijuana establishments under AS 17.38.300, a person may not knowingly sell or manufacture marijuana in the established village.
(b) If there are registered establishments within the established village, the prohibition on sale and manufacture is effective beginning 90 days after the results of the election are certified.
(c) Nothing in this section prohibits the personal conduct authorized in AS 17.38.020.
(d) A person who violates this section is guilty, upon conviction, of a class A misdemeanor. Each violation is a separate offense.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.340. Procedure for local option elections.

(a) An election to adopt a local option under AS 17.38.300 or remove a local option under AS 17.38.310 shall be conducted as required in this section.
(b) Upon receipt of a petition of 35 percent or more of the registered voters residing within an established village, the lieutenant governor shall place on a separate ballot at a special election the local option or removal of local option that constitutes the subject of the petition. The lieutenant governor shall conduct the election under AS 15.
(c) An election under (b) of this section to remove a local option may not be conducted during the first 24 months after the local option was adopted or more than once in a 36-month period.
(d) After a petition has been certified as sufficient to meet the requirements of (b) of this section, another petition may not be filed or certified until after the question presented in the first petition has been voted on. A local option question to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores or to prohibit all marijuana establishments may be presented in one election.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.350. Establishment of perimeter of established village.

(a) Except as provided under (b) and (c) of this section, for purposes of AS 17.38.300 - 17.38.320, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the established village. If the established village does not have a post office, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of another site selected by the local governing body or by the board if the established village does not have a local governing body.
(b) If the perimeter of an established village determined under (a) of this section includes any area that is within the perimeter of another established village and, if the other established village has
(1) also adopted a local option under AS 17.38.300, the local option of the established village that is less restrictive applies in the overlapping area;
(2) not adopted a local option under AS 17.38.300, the local option does not apply in the overlapping area.
(c) If the board determines that the perimeter of an established village as provided under (a) and (b) of this section does not accurately reflect the perimeter of the established village, the board may establish the perimeter of the established village and the areas of overlapping perimeter described under (b) of this section for purposes of applying a local option selected under this chapter.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 38. The Regulation of Marijuana › Sec. 17.38.360. Notice of the results of a local option election.

If a majority of the voters vote to adopt or remove a local option under AS 17.38.300 or 17.38.310, the lieutenant governor shall notify the board of the results of the election immediately after the results are certified. The board shall immediately notify the Department of Law and the Department of Public Safety of the results of the election.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.010. Administration of laws by department.

(a) The department shall administer the statutes and regulations relating to the promotion and protection of the public health as provided by law.
(b) In performing its duties under this chapter, AS 18.09, and AS 18.15.355 - 18.15.395, the department may
(1) flexibly use the broad range of powers set out in this title assigned to the department to protect and promote the public health;
(2) provide public health information programs or messages to the public that promote healthy behaviors or lifestyles or educate individuals about health issues;
(3) promote efforts among public and private sector partners to develop and finance programs or initiatives that identify and ameliorate health problems;
(4) establish, finance, provide, or endorse performance management standards for the public health system;
(5) develop, adopt, and implement
(A) a statewide health plan under AS 18.09 based on recommendations of the Alaska Health Care Commission established in AS 18.09.010; and
(B) public health plans and formal policies through regulations adopted under AS 44.62 or collaborative recommendations that guide or support individual and community public health efforts;
(6) establish formal or informal relationships with public or private sector partners within the public health system;
(7) identify, assess, prevent, and ameliorate conditions of public health importance through surveillance; epidemiological tracking, program evaluation, and monitoring; testing and screening programs; treatment; administrative inspections; or other techniques;
(8) promote the availability and accessibility of quality health care services through health care facilities or providers;
(9) promote availability of and access to preventive and primary health care when not otherwise available through the private sector, including acute and episodic care, prenatal and postpartum care, child health, family planning, school health, chronic disease prevention, child and adult immunization, testing and screening services, dental health, nutrition, and health education and promotion services;
(10) systematically and regularly review the public health system and recommend modifications in its structure or other features to improve public health outcomes; and
(11) collaborate with public and private sector partners, including municipalities, Alaska Native organizations, health care providers, and health insurers, within the public health system to achieve the mission of public health.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.030. Cooperation with federal government.

The department shall
(1) cooperate with the federal government in matters of mutual concern pertaining to public health, the control of communicable diseases, maternal and child health and crippled children, and other matters within the scope of this title;
(2) make reports, in the form and containing the information the federal government requires;
(3) cooperate with the federal government, its agencies or instrumentalities in establishing, extending, and strengthening services for the protection of the public health, and receive and expend funds and receive, utilize, and maintain equipment and facilities made available to the department by a department or agency of the federal government, the government of the state or its political subdivisions, and a person or nonofficial agency.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.035. Planned parenthood information.

The department shall prepare information regarding planned parenthood. The department shall place the information in public hospitals, clinics, or other health facilities throughout the state, and upon request of its administrator, in a private hospital, clinic, or health facility, so that members of the public may obtain the information voluntarily, without request. The department shall also advertise the availability of the information and distribute it to any person upon written request.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.037. Fetal health effects information.

The department shall prepare or obtain distributable information on fetal alcohol effects and the fetal health effects of chemical abuse and battering during pregnancy. The department shall make this information available to public hospitals, clinics, and other health facilities in the state for distribution to their patients.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.040. Regulations.

(a) The commissioner shall adopt regulations consistent with existing law for
(1) the time, manner, information to be reported, and persons responsible for reporting for each disease or other condition of public health importance on the list developed under AS 18.15.370;
(2) cooperation with local boards of health and health officers;
(3) protection and promotion of the public health and prevention of disability and mortality;
(4) the transportation of dead bodies, except that the commissioner may not require that a dead body be embalmed unless the body is known to carry a communicable disease or embalmment is otherwise required for the protection of the public health or for compliance with federal law;
(5) carrying out the purposes of this chapter;
(6) the conduct of its business and for carrying out the provisions of laws of the United States and the state relating to public health;
(7) establishing the divisions and local offices and advisory groups necessary or considered expedient to carry out or assist in carrying out a duty or power assigned to it;
(8) the voluntary certification of laboratories to perform diagnostic, quality control, or enforcement analyses or examinations based on recognized or tentative standards of performance relating to analysis and examination of food, including seafood, milk, water, and specimens from human beings submitted by licensed physicians and nurses for analysis;
(9) the regulation of quality and purity of commercially compressed oxygen sold for human respiration;
(10) establishing confidentiality and security standards for information and records received under AS 18.15.355 - 18.15.395;
(11) implementation of AS 13.55 (Voluntary Nonopioid Directive Act).
(b) A regulation may not be adopted under (a) of this section that duplicates, conflicts with, or is inconsistent with AS 18.60.705 - 18.60.740.