reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 1 - Licensing; Fees › 3 AAC 306.080 - Denial of license or endorsement application

Current through May 31, 2024
(a) After review of
				  the application, including the applicant's proposed operating plan and all
				  relevant information, the board will deny an application for a new license or
				  new onsite consumption endorsement if the board finds that
(1) the application is not complete as
				  required under the applicable provisions of
				  3 AAC 306.020 -
				  3 AAC 306.055, or contains any false statement of
				  material fact;
(2) the license or
				  endorsement would violate any restriction in
				  3 AAC 306.010 or
				  3 AAC 306.015;
(3) the license or endorsement would violate
				  any restriction applicable to the particular license type authorized under this
				  chapter;
(4) the license or
				  endorsement is prohibited under this chapter as a result of an ordinance or
				  election conducted under
				  AS
				  17.38.210,
				  3 AAC 306.200, or
				  3 AAC 306.230;
(5) the applicant's actions or the operating
				  plan does not adequately demonstrate that the applicant will comply with
				  applicable provisions of this chapter;
(6) the license or endorsement would not be
				  in the best interests of the public; or
(7) a protest by the local government is not
				  arbitrary, capricious, and unreasonable.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 1 - Licensing; Fees › 3 AAC 306.085 - Informal conference

Current through May 31, 2024
(a) If an applicant
				  for a new marijuana establishment license, renewal of a marijuana establishment
				  license, license reinstatement, license conversion, transfer of a marijuana
				  establishment license to another person, or transfer of a marijuana
				  establishment license to another location is aggrieved by an action of the
				  board denying the application, the applicant may, not later than 15 days after
				  the date of the written notice of denial, request an informal conference with
				  the director or the board. An informal conference requested under this section
				  must 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.
(b) If the informal conference does not
				  resolve the matter to the applicant's satisfaction, the applicant may, not
				  later than 15 days after the last day of the informal conference, request a
				  formal hearing under
				  3 AAC 306.090 by filing a notice of defense in
				  compliance with
				  AS
				  44.62.390(b).
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 1 - Licensing; Fees › 3 AAC 306.090 - Formal hearing

Current through May 31, 2024
(a) If an applicant
				  for a new marijuana establishment license, renewal of a marijuana establishment
				  license, license reinstatement, license conversion, transfer of a marijuana
				  establishment license to another person, or transfer of a marijuana
				  establishment license to another location is aggrieved by an action of the
				  board denying the application, the applicant may request a formal hearing by
				  filing a notice of defense in compliance with
				  AS
				  44.62.390 not later than 15 days after the
				  date of the written notice of the denial, or as provided under
				  3 AAC 306.085(b) if the 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.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 1 - Licensing; Fees › 3 AAC 306.095 - Appeals

Current through May 31, 2024
(a) An aggrieved
				  applicant or marijuana establishment license holder may appeal to the board
				  regarding any action of the director, or an employee or agent of the board
				  regarding an application for a new marijuana establishment license, renewal of
				  a marijuana establishment license, license reinstatement, license conversion,
				  transfer of a marijuana establishment license to another person, or transfer of
				  a marijuana establishment license to another location.
(b) An applicant or marijuana establishment
				  license holder aggrieved by a final decision of the board regarding an
				  application for a new marijuana establishment license, renewal of a marijuana
				  establishment license, license reinstatement, license conversion, transfer of a
				  marijuana establishment license to another person, or transfer of a marijuana
				  establishment license to another location may appeal to the superior court
				  under AS
				  44.62.560.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 1 - Licensing; Fees › 3 AAC 306.100 - Fees; refund

Current through May 31, 2024
(a) The
				  non-refundable fee for an application for a new marijuana establishment
				  license, license conversion, transfer of a marijuana establishment license to
				  another person, or transfer of a marijuana establishment license to another
				  location is $1,000. The non-refundable fee for a new onsite consumption
				  endorsement is $1,000.
(b) The
				  non-refundable application fee for a license renewal application is $600. If a
				  renewal application is late as provided under
				  3 AAC 306.035(e), an additional
				  non-refundable late renewal application fee is $1,000. The non-refundable
				  application fee for renewal of an onsite consumption endorsement is $600. The
				  non-refundable reinstatement fee for an expired license under
				  3 AAC 306.035(i) is equal to 100
				  percent of the applicable renewal license fee in addition to the applicable
				  renewal fees.
(c) The
				  non-refundable fee to request board approval of a change in a licensed
				  marijuana establishment's business name, licensed premises diagram, operating
				  plan, or proposed new marijuana product is $250. A change fee does not apply to
				  an application for transfer of a marijuana establishment license, transfer of
				  controlling interest to another person, or transfer of a marijuana
				  establishment license to another location.
(d) The annual license or endorsement fee, to
				  be paid with each application for a new marijuana establishment facility
				  license or endorsement and each license or endorsement renewal application is
(1) for a new retail marijuana store license,
				  $5,000, and for a renewed retail marijuana store license, $7,000;
(2) for a new limited marijuana cultivation
				  facility license, $1,000, and for a renewed limited marijuana cultivation
				  facility license, $1,400;
(3) for a
				  new standard marijuana cultivation facility license, $5,000, and for a renewed
				  standard marijuana cultivation facility license, $7,000;
(4) for a new marijuana concentrate
				  manufacturing facility license, $1,000, and for a renewed marijuana concentrate
				  manufacturing facility license, $2,000;
(5) for a new standard marijuana product
				  manufacturing facility license, $5,000, and for a renewed standard marijuana
				  product manufacturing facility license, $7,000;
(6) for a new marijuana testing facility
				  license, $1,000, and for a renewed marijuana testing facility license,
				  $5,000;
(7) for an onsite
				  consumption endorsement to a retail marijuana store license, $2000.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 1 - Licensing; Fees › 3 AAC 306.110 - Endorsements; generally

Current through May 31, 2024
(a) An endorsement
				  expands the boundaries of a licensed premises or the authorized activities of
				  the licensed business
(b) Only the
				  board may issue an endorsement
(c)
				  An endorsement is valid only in conjunction with a licenses An endorsement may
				  only be transferred to another person if the licence for which the endorsement
				  was issued is also transferred to that person. An endorsement expires if the
				  license expires or the license is revoked. An endorsement is suspended if the
				  license is suspended
Authority:
AS
						17.38.010
AS
						17.38.070
AS
						17.38.121
AS
						17.38.150
AS
						17.38.190
AS
						17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.200 - Local options

Current through May 31, 2024
(a) If a majority of the persons voting on
				  the question vote to approve the option, or if a local government's assembly or
				  city council passes an ordinance to the same effect, the local government shall
				  adopt a local option to prohibit
(1) the sale
				  or importation for sale of marijuana and any marijuana product;
(2) the operation of any marijuana
				  establishment, including one or more of the following license or endorsement
				  types:
(A) a retail marijuana
				  store;
(B) a marijuana cultivation
				  facility;
(C) a marijuana product
				  manufacturing facility;
(D) a
				  marijuana testing facility;
(E) an
				  onsite consumption endorsement to a marijuana retail store license;
(3) specific operational
				  characteristics of an onsite consumption endorsement to a marijuana retail
				  store license, including consumption by smoking or vaping. or outdoor
				  consumption.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.210 - Change of local option

Current through May 31, 2024
If a majority of persons voting on the question vote to
					 approve a local option different from one previously adopted under 3 AAC 306.200 and currently in effect, or if the local government's assembly or city
					 council passes an ordinance to the same effect, the local government shall
					 change the local option to the newly approved 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 currently in effect, that prohibits (current local option), and adopt in
					 its place a local option to prohibit (proposed local option)? (yes or
					 no)."
Authority:
AS
						17.38.020
AS 17.38.190
AS 17.38.200
AS 17.38.210
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.220 - Removal of local option

Current through May 31, 2024
(a) If a majority
				  of the persons voting on the question vote to remove a local option previously
				  adopted under
				  3 AAC 306.200 or
				  3 AAC 306.210 and currently in effect, or if a local
				  government's assembly or city council passes an ordinance to the same effect,
				  that local option is repealed effective the first day of the month after the
				  election is certified. A 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 effect, that
				  prohibits (current local option), so that no local option continues in effect?
				  (yes or no)."
(b) When issuing a
				  license within the boundaries of a local government that has removed a local
				  option, the board will give priority to any formerly licensed applicant whose
				  license 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 a license and the board is not required to approve the
				  application.
Authority:
AS
						17.38.020
AS 17.38.190
AS 17.38.200
AS 17.38.210
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.230 - Procedure for local option election

Current through May 31, 2024
When it receives a petition to adopt, change, or remove a
					 local option under
					 3 AAC 306.200 -
					 3 AAC 306.220, the local government shall conduct the
					 election in compliance with the initiative process under the local government's
					 election ordinances and regulations and the applicable provisions of AS
					 29.
Authority:
AS
						17.38.020
AS 17.38.190
AS 17.38.200
AS 17.38.210
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.240 - Prohibition of importation or purchase after election

Current through May 31, 2024
(a) If a majority
				  of the voters vote to prohibit the importation for sale of marijuana and any
				  marijuana product under
				  3 AAC 306.200(a)(1), or if the local
				  government's assembly or city council passes an ordinance to the same effect, a
				  person, beginning on the first day of the month after the results of the
				  election are certified, may not knowingly bring, send, or transport marijuana
				  or marijuana products for sale into the area within the boundary of the local
				  government.
(b) A person who
				  resides within the boundary of a local government that has adopted a local
				  option under
				  3 AAC 306.200(a) may not purchase
				  marijuana or a marijuana product from another person that has brought, sent, or
				  transported marijuana or a marijuana product into the local government for sale
				  in violation of the local option.
(c) Notwithstanding (a) or (b) of this
				  section, a licensed marijuana establishment may 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 prohibit
				  importation and purchase of marijuana or a marijuana product.
(d) In this section,
(1) "bring" means to carry or convey or to
				  attempt or solicit to carry or convey;
(2) "send"
(A) means to cause to be taken or distributed
				  or to attempt or solicit or cause to be taken or distributed;
(B) includes use of the United States Postal
				  Service;
(3) "transport"
(A) means to ship by any method;
(B) includes delivering or transferring or
				  attempting or soliciting to deliver or transfer marijuana or marijuana products
				  to be shipped to, delivered to, or left or held for pickup by any
				  person.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.250 - Effect on licenses of restriction on sale

Current through May 31, 2024
If a majority of the voters vote under
					 3 AAC 306.200(a) to prohibit the sale
					 of marijuana and marijuana products or the operation of marijuana
					 establishments, or if the assembly or city council passes an ordinance to the
					 same effect, the board will not issue, renew, reinstate, or transfer to another
					 person or location a license, including any endorsement, for a marijuana
					 establishment with premises located within the boundary of the local
					 government. A license for a marijuana establishment or endorsement within the
					 boundary of the local government is void 90 days after the results of the
					 election are certified, or after the effective date of an ordinance to the same
					 effect if the local government opted out by ordinance. A marijuana
					 establishment license or endorsement that expires during the 90 days after the
					 certification of a local option election, or during the period of time between
					 passage of an ordinance to the same effect and the effective date of that
					 ordinance, may be extended until it is void under this section, by payment of a
					 prorated portion of the annual license or endorsement fee.
Authority:
AS
						17.38.020
AS 17.38.190
AS 17.38.200
AS 17.38.210
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 2 - Local Options › 3 AAC 306.260 - Notice of the results of a local option election

Current through May 31, 2024
If a majority of the voters vote to adopt, change, or
					 remove a local option under
					 3 AAC 306.200 -
					 3 AAC 306.220 or if the assembly or city council passes
					 an ordinance to the same effect, the board will notify the Department of Law
					 and the Department of Public Safety of the results of the
					 election.
Authority:
AS
						17.38.020
AS 17.38.190
AS 17.38.200
AS 17.38.210
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.300 - Retail marijuana store license required

Current through May 31, 2024
(a) Except as
				  permitted 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 a licensed retail marijuana store operating in
				  compliance with this chapter.
(b) A
				  licensee of any retail marijuana store, or an employee or agent of a retail
				  marijuana store, may not have an ownership interest in, or a direct or indirect
				  financial interest in a licensed marijuana testing facility.
Authority:
AS
						17.38.010
AS 17.38.020
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.305 - Retail marijuana store privileges

Current through May 31, 2024
(a) A licensed
				  retail marijuana store is authorized to
(1)
				  sell marijuana purchased from a licensed marijuana cultivation facility,
				  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 or as permitted under
				  3 AAC 306.380 for consumption off the licensed
				  premises;
(2) reject or revoke
				  acceptance of marijuana purchased from a licensed marijuana cultivation
				  facility;
(3) sell a marijuana
				  product purchased from a licensed marijuana product manufacturing facility,
				  packaged and labeled as required under
				  3 AAC 306.345,
				  3 AAC 306.565, and
				  3 AAC 306.570, in a quantity not exceeding the limit set
				  out in 3 AAC 306.355, to an individual on
				  the licensed premises or as permitted under
				  3 AAC 306.380 for consumption off the licensed
				  premises;
(4) reject or revoke
				  acceptance of a marijuana product purchased from a licensed marijuana product
				  manufacturing facility;
(5) salvage
				  and sell kief, trim, or flower separated from marijuana purchased from a
				  licensed marijuana cultivation facility while preparing the marijuana with
				  required packaging and labeling under
				  3 AAC 306.345,
				  3 AAC 306.565, and
				  3 AAC 306.570 to an individual on the licensed
				  premises;
(6) store marijuana and
				  marijuana product on the licensed premises in a manner consistent with
				  3 AAC 306.710 -
				  3 AAC 306.720;
(7) with prior approval of the board, permit
				  consumption of marijuana or a marijuana product purchased on the licensed
				  premises, in a designated area on the licensed premises.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.310 - Acts prohibited at retail marijuana store

Current through May 31, 2024
(a) A licensed
				  retail marijuana store may not sell, give, distribute, deliver, or offer to
				  sell, give, distribute, or deliver, marijuana or a marijuana product
(1) to a person under 21 years of
				  age;
(2) to a person that is under
				  the influence of an alcoholic beverage, inhalant, or controlled
				  substance;
(3) that is not labeled
				  and packaged as required in
				  3 AAC 306.345 and
(A)3 AAC 306.470 and
				  3 AAC 306.475; or
(B)3 AAC 306.565 and
				  3 AAC 306.570;
(4) in a quantity exceeding the limit set out
				  in 3 AAC 306.355;
(5) repealed 8/13/2023;
(6) after the expiration date shown on the
				  label of the marijuana or marijuana product.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.315 - Application for retail marijuana store license

Current through May 31, 2024
A person seeking a new retail marijuana store license must
(1) submit an application on a form
				  the board prescribes, including the information required under
				  3 AAC 306.020 and
(A)
				  repealed 6/13/2024;
(B) a
				  description of the way marijuana and marijuana products at the retail marijuana
				  store will be displayed and sold in the applicant's operating plan required
				  under 3 AAC 306.020(c);
				  and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.320 - Marijuana handler permit required

Current through May 31, 2024
A retail marijuana store shall ensure that
(1) each agent who is required or permitted
				  to be physically present on the licensed premises at any time, each licensee,
				  and each employee obtains a marijuana handler permit as provided in
				  3 AAC 306.700 before being licensed or employed at a
				  retail marijuana store; and
(2)
				  each licensee, employee, or agent has that person's marijuana handler permit
				  card in that person's immediate possession, or a valid copy on file on the
				  premises, at all times when on the licensed premises of the retail marijuana
				  store.
Authority:
AS
						17.38.010
AS
						17.38.070
AS
						17.38.121
AS
						17.38.150
AS
						17.38.190
AS
						17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.325 - Access restricted at retail marijuana store

Current through May 31, 2024
(a) Except as
				  provided under 3 AAC 306.712, a person under 21 years of age may not enter a
				  retail marijuana store.
(b) Each
				  entry to a retail marijuana store must be posted with a sign that says "No one
				  under 21 years of age allowed." The sign must be not less than 12 inches long
				  and 12 inches wide, with letters at least one-half inch in height in high
				  contrast to the background of the sign.
(c) An area of a retail marijuana store's
				  licensed premises where marijuana or any marijuana product is stocked for sale
				  or dispensed for sale is a restricted access area. The retail marijuana store
				  must post signs, require identification, and escort visitors in compliance with
				  3 AAC 306.710.
(d) If a retail marijuana store displays marijuana to a consumer
				  for the purpose of smelling the marijuana before purchase, the retail marijuana
				  store shall package the marijuana in a sample jar that is protected by a
				  plastic, metal, or other protective mesh screen, and the jar must remain in the
				  monitored custody of the retail marijuana store during consumer
				  inspection.
Authority:
AS
						17.38.010
AS
						17.38.070
AS
						17.38.121
AS
						17.38.150
AS
						17.38.190
AS
						17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.330 - Marijuana inventory tracking system

Current through May 31, 2024
(a) A retail
				  marijuana store shall use a marijuana inventory tracking system as provided in
				  3 AAC 306.730 to ensure all marijuana and marijuana
				  product in the retail marijuana store's possession is identified and tracked
				  from the time the retail marijuana store receives, rejects, or revokes
				  acceptance of any batch of marijuana or lot of marijuana product through the
				  sale, transfer to another licensed marijuana establishment, or disposal of the
				  batch of marijuana or lot of marijuana product.
(b) When marijuana from a marijuana
				  cultivation facility or marijuana product from a marijuana product
				  manufacturing facility is delivered or transported to the licensed premises of
				  a retail marijuana store, the retail marijuana store shall immediately enter
				  identification information for that batch of marijuana or lot of marijuana
				  product into the retail marijuana store's marijuana inventory tracking system.
				  A retail marijuana store shall reject marijuana or a marijuana product that
				  does not have a valid transport manifest generated from the marijuana inventory
				  tracking system of the marijuana establishment that originated the
				  delivery.
(c) A retail marijuana
				  store shall reconcile each transaction from the retail marijuana store's
				  point-of-sale system and current inventory to its marijuana inventory tracking
				  system at the close of business each day.
(d) A retail marijuana store shall account
				  for any variance in the quantity of marijuana or marijuana product the retail
				  marijuana store received, and the quantity it sold, transferred, or disposed
				  of.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.335 - Health and safety requirements

Current through May 31, 2024
A retail marijuana store shall comply with each applicable
					 health and safety requirement set out in
					 3 AAC 306.735.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.340 - Testing required for marijuana and marijuana products

Current through May 31, 2024
A retail marijuana store may not sell, give, distribute,
					 deliver, or offer to sell, give, distribute, or deliver, marijuana or a
					 marijuana product until all laboratory testing required under
					 3 AAC 306.645 has been completed, and the label required
					 under 3 AAC 306.475 or
					 3 AAC 306.570 is affixed.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.345 - Packaging and labeling

Current through May 31, 2024
(a) A retail
				  marijuana store shall assure that
(1)
				  marijuana sold on its licensed premises is packaged and labeled in compliance
				  with 3 AAC 306.470 and
				  3 AAC 306.475;
(2) any marijuana product sold on its
				  licensed premises is packaged and labeled in compliance with
				  3 AAC 306.565 and
				  3 AAC 306.570;
(3) at the point of sale, marijuana or a
				  marijuana product sold is packaged in, resealable, child-resistant packaging
				  designed or constructed to be significantly difficult for children under five
				  years of age to open, but not normally difficult for adults to use properly;
				  and
(4) unless already packaged by
				  the cultivation facility or the manufacturing facility in an opaque package for
				  final retail sale, any marijuana or marijuana product purchased by the consumer
				  is placed in an opaque pacakage by the retail marijuana store or the consumer
				  before the consumer exits the retail marijuana store
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.350 - Identification requirement to prevent sale to person under 21

Current through May 31, 2024
(a) A retail
				  marijuana store shall refuse to sell marijuana or a marijuana product or
				  complete a walk-up or drive-through exterior window order of marijuana or
				  marijuana product to a person who does not produce a form of valid photographic
				  identification showing that person is 21 years of age or older.
(b) For the purpose of this section, a valid
				  form of photographic identification is
(1) an
				  unexpired, unaltered passport;
(2)
				  an unexpired, unaltered driver's license, instruction permit, or identification
				  card of a state or territory of the United States, the District of Columbia, or
				  a province or territory of Canada;
(3) an identification card issued by a
				  federal or state agency authorized to issue a driver's license or
				  identification card; or.
(4) a
				  tribal identification card, issued by a federally recognized tribe, that meets
				  the following criteria;
(A) the
				  identification card has a photograph, a signature, and a date of birth;
				  and
(B) the identification card has
				  security features as identified by
				  AS
				  28.15.111(a)(4).
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.355 - Limit on quantity sold

Current through May 31, 2024
(a) A retail
				  marijuana store may not sell to any one person per day
(1) more than one ounce of usable
				  marijuana;
(2) more than seven
				  grams of marijuana concentrate for inhalation, or
(3) more than 5,600 milligrams of THC in
				  combined sales of marijuana and marijuana products.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.365 - Required consumer notices for retail marijuana stores

Current through May 31, 2024
(a) A retail
				  marijuana store shall post, in a conspicuous location visible to customer, the
				  following notices:
(1) "Consumption of
				  marijuana in public is prohibited by law."
(2) ''Transportation or carriage of marijuana
				  or marijuana products on Alaska waterways, including cruise ships, or by air
				  carrier is prohibited by federal law."
(3) "Transportation or shipment of marijuana
				  or marijuana products outside the State of Alaska is prohibited by federal
				  law."
(4) "Providing marijuana to
				  persons under 21 years of age is prohibited by law."
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.370 - Onsite consumption endorsement for retail marijuana stores

Current through May 31, 2024
(a)
Unless prohibited by local or state law, the board may
					 approve an onsite consumption endorsement for a licensed retail marijuana store
					 for consumption, on the marijuana retail store premises,
(1) of edible marijuana products only, in
				  compliance with this section, in an indoor or outdoor area, regardless of
				  whether the licensed retail marijuana store is freestanding;
(2) by any method, in compliance with this
				  section, in an indoor or outdoor area of a freestanding licensed retail
				  marijuana store.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 3 - Retail Marijuana Stores › 3 AAC 306.380 - Walk-up or drive-through exterior window pick-up for retail marijuana stores

Current through May 31, 2024
(a) Unless
				  prohibited by local law, a licensed retail marijuana store may serve a consumer
				  through a walk-up or drive-through exterior window in compliance with the
				  requirements of this section.
(b)
				  Before accepting orders for sales of marijuana or marijuana products through a
				  walk-up or drive-through exterior window, a licensed retail marijuana store
				  shall submit an operating plan or modification of an operating plan of the
				  licensed premises to the board for approval. The operating plan or modified
				  operating plan must depict the walk-up or drive-through exterior window area
				  and the video surveillance of the walk-up or drive-through exterior window
				  area.
(c) The area immediately
				  outside a walk-up or drive-through exterior window must be under the licensee's
				  sole possession and control and may not include any public property including
				  public streets, public sidewalks, or public parking lots.
(d) The licensed retail marijuana store may
				  accept Internet or telephone orders or may accept orders from the consumer at
				  the walk-up or drive-through exterior window. Internet or telephone orders must
				  be paid for and picked up in person by the consumer placing the order. All
				  orders received through the walk-up or drive-through exterior window must be
				  placed by the consumer from a menu. The retail marijuana store may not display
				  marijuana or marijuana products at the walk-up or drive-through exterior
				  window.
(e) Before completing a
				  sale at a walk-up or drive-through exterior window, the licensee or the
				  employee shall physically view and inspect the consumer's photographic
				  identification. Each person in a vehicle at the drive-through exterior window
				  must be 21 years of age or older, unless the person is the consumer's own
				  child, grandchild, or ward who is not older than seven years of age seated or
				  otherwise required by local or state law to be seated in a car seat or booster
				  seat.
(f) All sales must occur
				  within the licensed premises. This requirement is satisfied if payment is made
				  through the following means:
(1) by an
				  electronic Internet-based payment platform;
(2) by a mobile payment point-of-sale
				  system;
(3) by payment transferred
				  through the walk-up or drive-through exterior window into the interior of the
				  retail marijuana store.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.400 - Marijuana cultivation facility license required

Current through May 31, 2024
(a) Except as
				  provided under
				  AS
				  17.38.020, a person may not plant, propagate,
				  cultivate, harvest, trim, dry, cure, package, or label marijuana grown at a
				  place under that person's control or sell marijuana grown at a place under that
				  person's control to a marijuana establishment unless the person has obtained a
				  marijuana cultivation facility license from the board in compliance with this
				  chapter or is an employee or agent acting for a licensed marijuana cultivation
				  facility. The board will issue the following types of marijuana cultivation
				  facility licenses, with the privileges and subject to the prohibitions set out
				  in 3 AAC 306.405 and
				  3 AAC 306.410:
(1) a
				  standard marijuana cultivation facility license;
(2) a limited marijuana cultivation facility
				  license to a person operating a marijuana cultivation facility with fewer than
				  500 square feet under cultivation.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.405 - Standard marijuana cultivation facility: privileges and prohibited acts

Current through May 31, 2024
(a) A licensed
				  standard marijuana cultivation facility is authorized to
(1) propagate, cultivate, harvest, prepare,
				  cure, package, store, and label marijuana;
(2) sell marijuana only to a licensed retail
				  marijuana store, to another licensed marijuana cultivation facility, or to a
				  licensed marijuana product manufacturing facility;
(3) accept marijuana from a licensed retail
				  marijuana store that
(A) rejected a shipment
				  of marijuana: or
(B) revoked
				  acceptance of a shipment of marijuana;
(4) provide samples to a licensed marijuana
				  testing facility for testing;
(5)
				  store inventory on the licensed premises; any stored inventory must be secured
				  in a restricted access area and accounted for in the marijuana cultivation
				  facility's marijuana inventory tracking system as required under
				  3 AAC 306.730;
(6) transport marijuana in compliance with
				  3 AAC 306.750;
(7) conduct in-house testing for the
				  marijuana cultivation facility's own use;
(8) provide marijuana samples to a licensed
				  retail marijuana store or marijuana product manufacturing facility for the
				  purpose of negotiating a sale;
(9)
				  begin initial operations at the time of preliminary inspection by an employee
				  or agent of the board with
(A) 12 or fewer
				  mature, non-flowering plants, designated and used as mother plants;
(B) any number of immature plants;
				  and
(C) any number of seeds for
				  cultivation on the licensed premises;
(10) introduce a new strain after written
				  approval by the director on a form prescribed by the board, by
(A) receiving not more than twenty clones or
				  cuttings from a person 21 years of age or older, without compensation;
				  or
(B) receiving seeds from a
				  person 21 years of age or older, without compensation, for cultivation on the
				  licensed premises.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.410 - Limited marijuana cultivation facility: privileges and prohibited acts

Current through May 31, 2024
A licensed limited marijuana cultivation facility
(1) has the privileges set out in
				  3
				  AAC 305.405(a) and (b), except that
				  it must have fewer than 500 square feet under cultivation; and
(2) is subject to each prohibition set out in
				  3 AAC 306.405(c).
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.420 - Application for marijuana cultivation facility license

Current through May 31, 2024
An applicant for a new standard marijuana cultivation
					 facility license or a new limited marijuana cultivation facility license must
					 file an application on a form the board prescribes, including
(1) the information required under
				  3 AAC 306.020; and
(2) the proposed marijuana cultivation
				  facility's operating plan, including, in addition to the information required
				  under 3 AAC 306.020(c),
(A) the size of tbe space intended to be
				  under cultivation;
(B) the growing
				  medium to be used;
(C) fertilizers,
				  chemicals, gases, and delivery systems, including carbon dioxide, management,
				  to be used;
(D) the irrigation and
				  waste water systems to be used;
(E)
				  waste disposal arrangements;
(F)
				  odor control; and
(G) the testing
				  procedure and protocols the marijuana cultivation facility will
				  follow.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.425 - Marijuana handler permit required

Current through May 31, 2024
A marijuana cultivation facility shall ensure that each
					 agent who is required or permitted to be physically present on the licensed
					 premises at any time, each licensee, and each employee
(1) obtains a marijuana handler permit as
				  provided in
				  3 AAC 306.700 before being licensed or employed at the
				  marijuana cultivation facility's licensed premises; and
(2) has the marijuana handler permit card in
				  the person's immediate possession, or a valid copy on file on the premises, at
				  all times while on the marijuana cultivation facility's licensed
				  premises.
Authority:
AS
						17.38.010
AS
						17.38.070
AS
						17.38.121
AS
						17.38.150
AS
						17.38.190
AS
						17.38.200
AS
						17.38.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.430 - Restricted access area

Current through May 31, 2024
(a) A marijuana
				  cultivation facility shall conduct any operation in a restricted access area in
				  compliance with
				  3 AAC 306.710 and this section.
(b) A marijuana cultivation facility shall
				  conduct any marijuana growing operation within a fully enclosed secure indoor
				  facility or greenhouse with rigid walls, a roof, and doors. Where not
				  prohibited by local government, outdoor production may take place in non-rigid
				  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.
(c) A marijuana
				  cultivation facility shall ensure that any marijuana at the marijuana
				  cultivation facility
(1) does not emit an
				  odor that is detectable by the public from outside the cultivation facility
				  except as specifically allowed by a local government approval.
(2) does not emit an odor that is detectable
				  by the public from outside the cultivation facility except as specifically
				  allowed by a local government approval.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.435 - Marijuana inventory tracking system

Current through May 31, 2024
(a) A marijuana
				  cultivation facility shall use a marijuana inventory tracking system in
				  compliance with
				  3 AAC 306.730 to ensure all marijuana propagated, grown,
				  or cultivated on the marijuana cultivation facility's premises is identified
				  and tracked from the time the marijuana is propagated through transfer to
				  another licensed marijuana establishment, including when marijuana or marijuana
				  product is relocated to the new licensed premises in the case of a transfer of
				  a marijuana establishment license to another location approved by the board, or
				  destruction. The marijuana cultivation facility shall assign a tracking number
				  to each plant over eight inches tall and each package of marijuana to be
				  transferred to another facility. A package of marijuana may not exceed 10
				  pounds. The marijuana cultivation facility shall also assign a plant batch name
				  or number to each batch of clones or cuttings. A batch may not consist of more
				  than 50 clones or cuttings.
(b) A
				  marijuana cultivation facility shall record each sale and transport of any
				  plants or seeds and each package in its marijuana inventory tracking system and
				  shall generate a valid transport manifest to accompany any transported plants
				  and secids and each transported package.
(c) A marijuana cultivation facility shall
				  record in its marijuana inventory tracking system all marijuana used to provide
				  a sample authorized under
				  3 AAC 306.460 for the purpose of negotiating sales,
				  including
(1) the amount of each
				  sample;
(2) the retail marijuana
				  store or marijuana product manufacturing facility that received the sample;
				  and
(3) the disposal of any expired
				  or outdated promotional sample returned to the marijuana cultivation
				  facility.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 4 - Marijuana Cultivation Facilities › 3 AAC 306.440 - Health and safety requirements

Current through May 31, 2024
(a) A marijuana
				  cultivation facility shall comply with all applicable health and safety
				  requirements set out in
				  3 AAC 306.735 and the additional requirements set out in
				  this section.
(b) A marijuana
				  cultivation facility shall ensure that any licensee, employee, or agent who is
				  present at the marijuana cultivation facility and in contact with any marijuana
(1) wears clean clothing appropriate for the
				  duties that person performs;
(2)
				  wears protective apparel, such as head, face, hand, and arm coverings, as
				  necessary to protect marijuana from contamination; and
(3) practices good sanitation and health
				  habits.