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 6 - Marijuana Testing Facilities › 3 AAC 306.660 - Failed materials, retests

Current through May 31, 2024
(a) If a sample
				  tested by a marijuana testing facility does not pass the required tests based
				  on the standards set out in 3 AAC 306.645, including a visual foreign matter
				  inspection, the marijuana establishment that provided the sample shall dispose
				  of the harvest batch package or production lot from which the sample was taken,
				  as required under 3 AAC 306.740.
(b) If a marijuana sample fails a required
				  test, any marijuana plant trim, leaf, and other usable material from the same
				  harvest batch package fail the required test. The board or director may approve
				  a written request, on a form prescribed by the board, to allow a batch of
				  marijuana that fails a required test to be used to make carbon dioxide- or
				  solvent-based extract. After processing, the carbon dioxide- or solvent-based
				  extract must pass all required tests.
(c) If a marijuana cultivation facility or a
				  marijuana product manufacturing facility submits a written request, on a form
				  prescribed by the board, for a retest of marijuana or a marijuana product that
				  failed a required test, the board or director may authorize a retest to
				  validate the test results. The marijuana cultivation facility or a marijuana
				  product manufacturing facility shall pay all costs of a retest.
(d) When requested by a marijuana product
				  manufacturing facility, the director may authorize a retest of a marijuana
				  concentrate that passed a required test when the licensee wishes to reprocess a
				  marijuana product to further reduce residual solvent levels. The marijuana
				  product manufacturing facility shall pay all costs of a retest.
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 6 - Marijuana Testing Facilities › 3 AAC 306.665 - Supplemental marijuana quality testing

Current through May 31, 2024
(a) The board or
				  director may at any time determine that the interests of the public require
				  random supplemental testing of marijuana or a marijuana product. When the board
				  or director requires random supplemental testing, the board will or director
				  shall direct the marijuana cultivation facility that produced the marijuana, or
				  the marijuana product manufacturing facility that manufactured the product, to
				  submit a specified sample, batch, or packaged product to a designated marijuana
				  testing facility. The material must be packaged in a manner that ensures the
				  marijuana testing facility will be able to confirm that it has received and is
				  testing the correct supplemental sample.
(b) When a marijuana testing facility
				  receives a sample for random supplemental testing under this section, the
				  marijuana testing facility shall
(1) perform
				  any required laboratory test the board or director requests; and
(2) report its results to
(A) the board or director; and
(B) the facility that provided the
				  sample.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 6 - Marijuana Testing Facilities › 3 AAC 306.670 - Reporting; verification

Current through May 31, 2024
(a) A marijuana
				  testing facility shall report the result of each required laboratory test
				  directly into its marijuana inventory tracking system not later than 24 hours
				  after the test is completed. A marijuana testing facility shall provide the
				  final report
(1) in a timely manner to the
				  marijuana establishment that submitted the sample; and
(2) to the director not later than 72 hours
				  after the marijuana testing facility determines that results of tested samples
				  exceed allowable levels.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 6 - Marijuana Testing Facilities › 3 AAC 306.675 - Records retention

Current through May 31, 2024
A marijuana testing facility shall maintain the business
					 records required under
					 3 AAC 306.755 for the period of time specified in that
					 section. The books and records required under
					 3 AAC 306.755(a)(1) include
(1) test results;
(2) quality control and quality assurance
				  records;
(3) standard operating
				  procedures;
(4) chain-of-custody
				  records;
(5) proficiency testing
				  records;
(6) analytical data to
				  include printouts generated by the instrumentation;
(7) accession numbers;
(8) specimen type;
(9) raw data of calibration standards and
				  curves, controls, and subject results;
(10) final and amended reports;
(11) acceptable reference range
				  parameters;
(12) the identity of
				  the analyst; and
(13) the date of
				  the analysis.
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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.700 - Marijuana handler permit

Current through May 31, 2024
(a) Each agent of
				  the marijuana establishment who sells, cultivates, manufactures, tests, or
				  transports marijuana or a marijuana product, or who checks the identification
				  of a consumer or visitor, and each licensee and employee must obtain a
				  marijuana handler permit from the board before being licensed or beginning
				  employment at a marijuana establishment.
(b) To obtain a marijuana handler permit, a
				  person must complete a marijuana handler permit education course approved by
				  the board, pass a written test demonstrating an understanding of the course
				  material, and obtain a certificate of course completion from the course
				  provider.
(c) To obtain a
				  marijuana handler permit, a person who has completed the marijuana handler
				  permit education course described 3 AAC 306.701 shall present the course
				  completion certificate to the director. The director shall issue a marijuana
				  handler permit card valid for three years from the date of issue of the course
				  completion certificate. A person may renew a card issued under this section by
				  taking a marijuana handler permit education course approved by the board and
				  passing a written test demonstrating an understanding of the course
				  subjects.
(d) A licensee, employee,
				  or agent of a marijuana establishment shall keep the marijuana handler permit
				  card described in (c) of this section 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 marijuana establishment.
(e)
				  Repealed 8/21/2019.
(f) The board
				  will not issue a marijuana handler permit to a person who
(1) has been convicted of a felony in the
				  state and either
(A) less than five years have
				  elapsed from the time of the person's conviction; or
(B) the person is currently on probation or
				  parole for that felony,
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.701 - Marijuana Handler Permit Education Course

Current through May 31, 2024
(a) The board shall
				  approve all marijuana handler permit education courses before a course provider
				  may issue a marijuana handler permit.
(b) The topics that an approved marijuana
				  handler permit education course covers must include
(1)
				   AS 17.37, AS 17.38, and this chapter;
(2) the effects of consumption of marijuana
				  and marijuana products;
(3) how to
				  identify a person impaired by consumption of marijuana;
(4) how to determine valid photographic
				  identification;
(5)  how to
				  intervene to prevent unlawful marijuana consumption; and
(6) the penalty for an unlawful act by a
				  licensee, an employee, or an agent of a marijuana establishment.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.703 - Operations

Current through May 31, 2024
Operations. A licensed marijuana establishment shall
					 operate in accordance with the operating plan approved by the board. The
					 licensee may request an operating plan change in accordance with
					 3 AAC 306.100(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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.705 - Licensed premises; alteration

Current through May 31, 2024
(a) A marijuana
				  establishment license will be issued for specific licensed premises. Unlicensed
				  areas may not separate portions of licensed premises, except that the board may
				  approve adjacent portions of the licensed premises that are not a restricted
				  access area as permitted under
				  3 AAC 306.710, Specific licensed premises must
				  constitute a place clearly designated in a license application and described by
				  a line drawing submitted with the license application. The licensed premises
				  must
(1) have adequate space for its approved
				  operations, including growing, manufacturing, processing, packaging, or storing
				  marijuana or marijuana products; and
(2) be located and constructed to facilitate
				  cleaning, maintenance, and proper operation.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.710 - Restricted access areas

Current through May 31, 2024
(a) A marijuana
				  establishment shall restrict access to any part of the licensed premises where
				  marijuana or a marijuana product is grown, processed, tested, stored, or
				  stocked.
(b) Except as provided in
				  3 AAC 306,325 for a retail marijuana store, each entrance to a restricted
				  access area must be marked by a sign that says "Restricted access area.
				  Visitors must be escorted." A marijuana establishment shall limit the number of
				  visitors to not more than five visitors for each licensee, employee, or agent
				  of the licensee who is actively engaged in supervising those
				  visitors.
(c) In a restricted
				  access area, a licensee, employee, or agent of the marijuana establishment
				  shall have on display, either on the person or in a readily accessible location
				  on the licensed premises, a current identification badge bearing the person's
				  photograph. A person under 21 years of age may not enter a restricted access
				  area. Any visitor to the restricted access area must
(1) show identification as required in
				  3 AAC 306.350 to prove that person is 21 years of age or
				  older;
(2) obtain a visitor
				  identification badge before entering the restricted access area; and
(3) be escorted at all times by a licensee,
				  employee, or agent of the marijuana establishment.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.712 - Breastfeeding on licensed premises

Current through May 31, 2024
(a) A licensee or
				  employee of a licensee may bring a child up to 18 months of age, who is the
				  child of the licensee or employee, onto the licensed premises for the purpose
				  of breastfeeding.
(b) A licensee
				  may designate an area for breastfeeding or for the expression of breast milk.
				  An area designated for breastfeeding must not expose the child in any way to
				  marijuana or any marijuana product, including marijuana pollen. A designated
				  area may not include an onsite consumption area described under
				  3 AAC 306.370.
(c) This section may not be construed to
				  supersede or change the requirements of
				  29 U.S.C.
				  207 (Section 7 of the Fair Labor Standards
				  Act of 1938) or any other law applicable to breastfeeding in the
				  workplace.
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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.715 - Security alarm systems and lock standards

Current through May 31, 2024
(a) Each licensee,
				  employee, or agent of a marijuana establishment shall have on display, either
				  on the person or in a readily accessible location on the licensed premises, an
				  identification badge issued by the marijuana establishment at all times when on
				  the marijuana establishment's licensed premises.
(b) The licensed premises of a marijuana
				  establishment must have
(1) exterior lighting
				  to facilitate surveillance;
(2) a
				  security alarm system on all exterior doors and windows; and
(3) continuous video monitoring as provided
				  in
				  3 AAC 306.720.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.720 - Video surveillance

Current through May 31, 2024
(a) A marijuana establishment shall install
				  and maintain a video surveillance and camera recording system as provided in
				  this section. The video system must cover
(1)
				  each restricted access area and each entrance to a restricted access area
				  within the licensed premises;
(2)
				  each entrance to the exterior of the licensed premises; and
(3) each point-of-sale area.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.725 - Inspection of licensed premises

Current through May 31, 2024
(a) A marijuana
				  establishment or an applicant for a marijuana establishment license under this
				  chapter shall, upon request, make the licensed premises or the proposed
				  licensed premises, including any place for storage and overlapping premises
				  described under
				  3 AAC 306.705(d) and
				  3 AAC 306.710(d), available for inspection
				  by the director, an employee or agent of the board, or an officer charged with
				  the enforcement of this chapter. The board or the director may also request a
				  local fire protection agency or any other state agency with health and safety
				  responsibilities to inspect licensed premises or proposed licensed
				  premises.
(b) Inspection under this
				  section includes inspection of the premises, facilities, qualifications of
				  personnel, methods of operation, business and financial records, marijuana
				  inventory tracking system, policies, and purposes of any marijuana
				  establishment and of any applicant for a marijuana establishment
				  license.
Authority:
AS
						17.38.010
AS
						17.38.070
AS
						17.38.121
AS
						17.38.131
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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.730 - Marijuana inventory tracking system

Current through May 31, 2024
(a) A marijuana
				  establishment shall use a marijuana inventory tracking system capable of
				  sharing information with the system the board implements to ensure all
				  marijuana cultivated and sold in the state, and each marijuana product
				  processed and sold in the state, is identified and tracked from the time the
				  marijuana is a seed or cutting to a completed sale of marijuana or a marijuana
				  product, or disposal of the harvest batch of marijuana or production lot of
				  marijuana product.
(b) Marijuana
				  delivered to a marijuana establishment must be weighed on a scale registered in
				  compliance with
				  3 AAC 306.745.
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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.735 - Health and safety standards

Current through May 31, 2024
(a) A marijuana
				  establishment is subject to inspection by the local fire department, building
				  inspector, or code enforcement officer to confirm that health or safety
				  concerns are not present.
(b) A
				  marijuana establishment shall take all reasonable measures and precautions to
				  ensure that
(1) any person who has an
				  illness, an open sore or infected wound, or other potential source of infection
				  does not come in contact with marijuana or a marijuana product while the
				  illness or source of infection persists;
(2) the licensed premises have
(A) adequate and readily accessible toilet
				  facilities that are maintained in good repair and sanitary condition;
				  and
(B) convenient handwashing
				  facilities with running water at a suitable temperature; the marijuana
				  establishment shall require employees to wash or sanitize their hands, and
				  shall provide effective hand-cleaning, sanitizing preparations, and drying
				  devices;
(3) each person
				  working in direct contact with marijuana or a marijuana product conforms to
				  good hygienic practices while on duty, including
(A) maintaining adequate personal
				  cleanliness; and
(B) washing hands
				  thoroughly in an adequate hand-washing area before starting work, after using
				  toilet facilities, and at any other time when the person's hands may have
				  become soiled or contaminated;
(4) litter, waste, and rubbish are properly
				  removed; the waste disposal equipment must be maintained and adequate to
(A) avoid contaminating any area where
				  marijuana or any marijuana product is stored, displayed, or sold; and
(B) prevent causing odors or attracting
				  pests;
(5) floors,
				  walls, and ceilings are constructed to allow adequate cleaning, and are kept
				  clean and in good repair;
(6)
				  adequate lighting is installed in any area where marijuana or a marijuana
				  product is stored, displayed, or sold, and where any equipment or utensil is
				  cleaned;
(7) screening or other
				  protection adequately protects against the entry of pests;
(8) each building, fixture, and other
				  facility is maintained in sanitary condition;
(9) each toxic cleaning compound, sanitizing
				  agent, and pesticide chemical is identified and stored in a safe manner to
				  protect against contamination of marijuana or a marijuana product and in
				  compliance with any applicable local, state, or federal law;
(10) adequate sanitation principles are used
				  in receiving, inspecting, transporting, and storing marijuana or a marijuana
				  product; and
(11) marijuana or a
				  marijuana product is held in a manner that prevents the growth of bacteria,
				  microbes, or other undesirable microorganisms.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.740 - Waste disposal

Current through May 31, 2024
(a) A marijuana establishment shall store,
				  manage, and dispose of any solid or liquid waste, including wastewater
				  generated during marijuana cultivation production, processing, testing, or
				  retail sales, in compliance with applicable federal, state, and local statutes,
				  ordinances, regulations, and other law
(b) Marijuana waste must be rendered unusable
				  for any purpose for which it was grown or produced before it leaves a marijuana
				  establishment. Marijuana waste includes
(1)
				  marijuana plant waste, including stalks, leaves, and stems that have not been
				  processed with solvent;
(2) solid
				  marijuana sample plant waste in the possession of a marijuana testing facility;
				  and
(3) marijuana or a marijuana
				  product that has been found by the licensee unfit for sale or
				  consumption;
(4) expired marijuana
				  products and
(5) other waste as
				  determined by the board.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.745 - Standardized scales

Current through May 31, 2024
A marijuana establishment shall use registered scales in
					 compliance with
					 AS
					 45.75.080 (Weights and Measures Act). A
					 marijuana establishment shall
(1)
				  maintain registration and inspection reports of scales registered under
				  AS
				  45.75.080 and
				  17 AAC 90.920 -
				  17 AAC 90.935; and
(2) upon request by the board or the
				  director, provide a copy of the registration and inspection reports of the
				  registered scales to the board or the director for review.
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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.750 - Transportation

Current through May 31, 2024
(a) Marijuana or a
				  marijuana product may only be transported to a licensed marijuana establishment
				  by a licensee or an agent or employee of a licensee.
(1) a marijuana cultivation facility may
				  transport marijuana to another marijuana cultivation facility, a marijuana
				  product manufacturing facility, a marijuana testing facility, or a retail
				  marijuana store:
(2) a marijuana
				  product manufacturing facility may transport a marijuana product to another
				  marijuana product manufacturing facility, a marijuana testing facility, or a
				  marijuana retail store;
(3) a
				  marijuana testing facility may transport marijuana or a marijuana product to
				  the facility from which it received the marijuana or another marijuana testing
				  facility;
(4) a retail marijuana
				  store may transport marijuana or a marijuana product to another retail
				  marijuana store.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.755 - Business records

Current through May 31, 2024
(a) A marijuana
				  establishment shall maintain in a format that is readily understood by a
				  reasonably prudent business person
(1) all
				  books and records necessary to fully account for each business transaction
				  conducted under its license for the current year and three preceding calendar
				  years; records for the last six months must be maintained on the marijuana
				  establishment's licensed premises or in overlapping premises approved by the
				  board under
				  3 AAC 306.705(d); older records may be
				  archived on or off premises;
(2) a
				  current employee list setting out the full name and marijuana handler permit
				  number of each licensee, employee, and agent who works at the marijuana
				  establishment;
(3) the business
				  contact information for vendors that maintain video surveillance systems and
				  security alarm systems for the licensed premises;
(4) records related to advertising and
				  marketing;
(5) a current diagram of
				  the licensed premises including each restricted access area and all overlapping
				  premises approved by the board under
				  3 AAC 306.705(d) and
				  3 AAC 306.710(d);
(6) a log recording the name, and date and
				  time of entry of each visitor permitted in a restricted access area;
(7) all records normally retained for tax
				  purposes;
(8) accurate and
				  comprehensive inventory tracking records that account for all marijuana
				  inventory activity from seed or immature plant stage until the retail marijuana
				  or retail marijuana product is sold to a consumer, to another marijuana
				  establishment, or destroyed.
(9)
				  transportation records for marijuana and marijuana products as required under
				  3 AAC 306.750(f); and
(10) transportation records for marijuana or
				  marijuana products being relocated in the case of a transfer of a marijuana
				  establishment license to another location approved by the board.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.760 - Trade Shows

Current through May 31, 2024
(a) Licensed marijuana establishments must
				  comply with this section when participating in trade shows and similar industry
				  events.
(b) A licensed cultivation
				  facility may bring one plant to the trade show or event for display. The
				  removal from and return of the plant to the licensed premices must be tracked
				  in the inventory system. Any marijuana removed from the plant at the event star
				  must be retained by the licensee and returned to the licensed
				  premices.
(c) A licensed
				  cultivation facility and a licensed retail facility may bring up to one ounce
				  of each strain of marijuana to the trade show or event for display. The removal
				  from and return of the marijuana to the licensed premises must be tracked in
				  the marijuana inventory tracking system. The marijuana shall be contained so
				  that the marijuana may not be removed from the display's immediate vicinity by
				  a member of the public.
(d) A
				  licensed product manufacturing facility and a licensed retail facility may
				  bring one sample package of each marijuana product made or sold by the facility
				  to the event for display. The removal from or return of marijuana product to
				  the licensed premices must be tracked in the marijuana inventory tracking
				  system. The marijuana product must remain packaged in the approved packaging
				  throughout the duration of the event.
(e) A licensed testing facility may not
				  perform required tests on samples from a licensed facility at any trade show or
				  similar event.
(f) No marijuana or
				  marijuana product may be sold or distributed by a licensee at the
				  event.
(g) Marijuana and marijuana
				  product displayed at an event by a licensee must be handled only by a licensee,
				  or employee or agent of a licensee, who holds a valid marijuana handler
				  permit.
(h) Advertising or
				  promotions displayed or distributed at the event by a licensee shall comply
				  with the requirements of this chapter.
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 7 - Operating Requirements for All Marijuana Establishments › 3 AAC 306.770 - Signs, merchandise, advertisements, and promotions

Current through May 31, 2024
(a) Business cards
				  and merchandise, including t-shirts, hats, and stickers, that are distributed
				  by a licensed marijuana establishment and contain only the business name and
				  logo, licensee name, and location and contact information, are not advertising
				  or promotions.
(b) A licensed
				  marijuana establishment operating within the boundary of a local government
				  shall comply with the local government's laws regarding the size, number, and
				  placement of any sign displayed at the licensed premises. In areas without a
				  local government, a licensed marijuana establishment sign may not violate
				  AS
				  19.25.075-19.25.160. A sign meeting these
				  requirements is not advertising or promotions.
(c) An advertisement for a licensed marijuana
				  establishment and for marijuana or a marijuana product must include the
				  business name and license number.
(d) An advertisement for a licensed marijuana
				  establishment is exempt from providing the warning statements in (g) of this
				  section if
(1) the advertisement contains
				  only the business name, logo, business type, contact information, location, and
				  hours of operation;
(2) the
				  advertisement does not contain any written information about marijuana or a
				  marijuana product or any photographic or illustrative depictions of marijuana
				  or a marijuana product, other than depictions contained within the established
				  business name font and logo.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.801 - Powers and duties

Current through May 31, 2024
(a) The director, an enforcement agent, an
				  employee of the board, or a peace officer acting in an official capacity may
(1) inspect, at a reasonable time and in a
				  reasonable manner, the licensed premises of a marijuana establishment,
				  including
(A) overlapping premises approved
				  by the board under
				  3 AAC 306.705(d) and
				  3 AAC 306.710(d);
(B) marijuana and marijuana
				  products;
(C) equipment used in
				  cultivating, processing, testing, or storing marijuana, and
(D) the marijuana establishment's marijuana
				  inventory tracking system, business records, and computers;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.805 - Report or notice of violation (Repealed)

Current through May 31, 2024
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.131
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 8 - Enforcement; Civil Penalties › 3 AAC 306.806 - Verbal warning, inspection report, advisory notice, or notice of violation

Current through May 31, 2024
(a) The director, an enforcement agent, an
				  employee of the board, or a peace officer acting in an official capacity may
				  issue a verbal warning, an inspection report, an advisory notice, or a notice
				  of violation on a license, permit, or endorsement.
(b) A verbal warning may be issued to address
				  a situation where a violation of a statute, regulation, or local law on the
				  licensed premises is quickly correctable and does not pose an immediate risk to
				  public safety or health. A verbal warning may be documented in the licensee's
				  enforcement file maintained by the director.
(c) An inspection report may be issued to
				  document an inspection of the licensed premises. An inspection report must be
				  prepared on a form prescribed by the board and include information set out
				  under AS 17.38, this chapter, or required by the board. An inspection report
				  must be documented in the licensee's enforcement file maintained by the
				  director.
(d) A written advisory
				  notice may be issued to document an incident or defect that violates statute,
				  regulation, or local law for which a verbal warning is not provided. The
				  advisory notice may be issued based on information recorded on an inspection
				  report or another record maintained by the director. An advisory notice may be
				  grounds for issuance of a notice of violation or accusation. The advisory
				  notice must be documented in the licensee's enforcement file maintained by the
				  director.
(e) A written notice of
				  violation may be issued to address more serious or repetitive violations of AS
				  17.38, this chapter, or local law that has occurred or is occurring on the
				  licensed premises, including overlapping premises. It may be issued as a
				  stand-alone document or based on a single event described in a previously
				  issued inspection report or advisory notice. A notice of violation must meet
				  the requirements set out under
				  3 AAC 306.809.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.131
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 8 - Enforcement; Civil Penalties › 3 AAC 306.809 - Notice of violation

Current through May 31, 2024
(a) A notice of violation must be in writing
				  on a form approved by the board and include
(1) a description of each
				  violation;
(2) a statement of
				  applicable statutes, regulations, or local laws that were violated;
(3) a description of any history of prior
				  violations of AS 17.38 and this chapter by the licensee;
(4) the recommended disciplinary action,
				  including a fine or probation; and
(5) the signature of the investigator from
				  the office.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.810 - Suspension or revocation of license

Current through May 31, 2024
(a) The board will
				  suspend or revoke a marijuana establishment license issued under this chapter
				  if any licensee is convicted of a felony or of a crime listed in
				  3 AAC 306.010(d)(2) or (3), or if the
				  board becomes aware that a licensee did not disclose a previous felony
				  conviction or a conviction of a crime listed in
				  3 AAC 306.010(d)(2) or (3).
(b) The board may suspend or revoke a license
				  issued under this chapter, refuse to renew a license, order probation as
				  described under
				  3 AAC 306.836, or impose a civil fine as described under
				  3 AAC 306.840 if the board finds that a licensee for a
				  marijuana establishment
(1) misrepresented a
				  material fact on an application for a marijuana establishment license, or an
				  affidavit, report, or signed statement under AS 17.38 or this chapter;
				  or
(2) is following any practice or
				  procedure that is contrary to the best interests of the public, including
(A) using any process not approved by the
				  board for extracting or manufacturing marijuana concentrate or products;
				  or
(B) selling or distributing any
				  marijuana concentrate or product that has not been approved by the
				  board;
(3) failed, within
				  a reasonable time, to correct any defect that is the subject of an advisory
				  notice or the notice of violation of
(A) AS
				  17.38 or this chapter;
(B) a
				  condition or restriction imposed by the board; or
(C) other applicable law;
(4) knowingly allowed an employee; or agent
				  to violate AS 17.38, this chapter, or a condition or restriction imposed by the
				  board;
(5) violated a condition or
				  restriction imposed by the board;
(6) failed to comply with any applicable
				  public health, fire, safety, or tax statute, ordinance, regulation, or other
				  law in the state; or
(7) used the
				  licensed premises for an illegal purpose including gambling, possession or use
				  of narcotics other than marijuana, prostitution, or sex
				  trafficking.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.811 - Suspension or revocation of a license based on the act of an employee

Current through May 31, 2024
If, in a proceeding to suspend, revoke, or otherwise
					 discipline a marijuana establishment license under
					 3 AAC 306.809,
					 3 AAC 306.810, or
					 3 AAC 306.836, evidence shows that an employee or agent
					 of a licensed marijuana establishment was responsible for an act that would
					 justify suspension, revocation, or other discipline of the marijuana
					 establishment's license if committed by a licensee, the board may find that the
					 licensee knowingly allowed the act if
(1) the licensee
(A) was physically present when the violation
				  occurred;
(B) knew or should have
				  known the violation was occurring; and
(C) did not take action to stop the
				  violation;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.812 - Suspension or revocation of marijuana handler permit

Current through May 31, 2024
(a) The board may
				  suspend or revoke a permit issued under
				  3 AAC 306.700, impose probation under
				  3 AAC 306.836, or impose a civil fine under
				  3 AAC 306.840 if the board finds that a marijuana
				  handler permit holder acted in violation of a statute, regulation, or local
				  law.
(b) The director may issue a
				  director's decision to discipline a permit holder under
				  3 AAC 306.700 by submitting to the board a written
				  statement of reasons for the requested discipline. The permit holder may appeal
				  the director's decision by submitting to the director and to the board a
				  written statement of reasons for the appeal.
(c) The director shall provide an electronic
				  notice to a permit holder at the electronic mail address provided by the permit
				  holder in the holder's permit application that a hearing conducted in
				  compliance with
				  3 AAC 306.845 will take place at the board's next
				  regularly scheduled meeting.
(d)
				  The director shall maintain a list of suspended, revoked, expired, or otherwise
				  disciplined permit holders. Upon request, the list shall be made available to
				  licensees and the public.
(e)
				  Notwithstanding the requirements of (a) - (d) of this section, the director may
				  suspend a permit issued under
				  3 AAC 306.700 if a permit holder's check is returned for
				  any reason by the withdrawing financial institution until the permit fee and
				  any associated fees are paid.
To request the list referenced in
						3 AAC 306.812(d), contact the Alcohol
						and Marijuana Control Office at 550 W 7th Ave., Ste.
						1600, Anchorage, Alaska 99501 or at
						AMCO.enforcement@alaska.gov.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
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 8 - Enforcement; Civil Penalties › 3 AAC 306.816 - Accusation

Current through May 31, 2024
(a) A proceeding to suspend, revoke, or
				  otherwise discipline a license, excluding proceedings under
				  3 AAC 306.809 and
				  3 AAC 306.836, must be initiated by service of an
				  accusation on the licensee in compliance with
				  AS
				  44.62.360 and
				  44.62.380.
(b) The accusation must be served at the
				  address of the licensed premises or at the address of the licensee responsible
				  for management of the marijuana establishment and compliance with state laws
				  listed in the marijuana establishment license application under
				  3 AAC 306.020(b)(5).
(c) A licensee served with an accusation
				  under this section is entitled to a hearing as provided under
				  AS
				  44.62.390. If a notice of defense is filed, a
				  hearing shall be held in compliance with
				  AS
				  44.62.330 -
				  44.62.630 before the office of
				  administrative hearings created under
				  AS
				  44.64.010. Failure to file a notice of
				  defense under
				  AS
				  44.62.390 constitutes a waiver of the right
				  to further appeal.
(d) A person
				  aggrieved by a final decision of the board following a hearing conducted in
				  compliance with
				  AS
				  44.62.330 -
				  44.62.630 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 17.38.131
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 8 - Enforcement; Civil Penalties › 3 AAC 306.825 - Summary suspension to protect public health, safety, or welfare

Current through May 31, 2024
(a) If the director
				  finds that a person holding a marijuana establishment license has acted and
				  appears to be continuing to act in a way that constitutes an immediate threat
				  to the public health, safety or welfare, the director may issue an order
				  immediately suspending the license of that person, and ordering an immediate
				  stop to the activity that constitutes the threat to the public health, safety,
				  or welfare.
(b) When the director
				  issues a summary suspension under this section, the director shall immediately
				  give the marijuana establishment subject to the summary suspension order notice
				  of the reasons for the summary suspension, and of the time and place for an
				  expedited hearing before the board. Unless the marijuana establishment subject
				  to the summary suspension order requests a delay, the hearing will be held not
				  later than five days after the director gives notice of the reasons for the
				  summary suspension and the scheduled hearing.
Authority:
AS
						17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.131
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 8 - Enforcement; Civil Penalties › 3 AAC 306.830 - Seizure of or administrative hold on marijuana or marijuana products

Current through May 31, 2024
(a) The
				  director, an enforcement agent, an employee of the board, or a peace officer
				  acting in an official capacity may seize or place an administrative hold on
				  marijuana or any marijuana product from a licensed or previously licensed
				  marijuana establishment
(1) if the marijuana
				  establishment has any marijuana or marijuana product not properly logged into
				  the marijuana establishment's marijuana inventory tracking system;
(2) if the marijuana establishment has any
				  adulterated marijuana food or drink product prohibited under
				  3 AAC 306.510(a)(4);
(3) if the marijuana establishment has any
				  marijuana or marijuana product that is not properly packaged and labeled as
				  provided in
(A)3 AAC 306.470 and
				  3 AAC 306.475; or
(B)3 AAC 306.565 and
				  3 AAC 306.570;
(4) if the marijuana establishment has not
				  renewed its license as required under
				  3 AAC 306.035 or if the board has denied renewal of the
				  marijuana establishment's license under
				  3 AAC 306.080(b);
(5) upon the development of reasonable
				  grounds to believe that any marijuana or marijuana product
(A) constitutes evidence of a violation of a
				  state statute or regulation; or
(B)
				  poses an immediate threat to worker or public health, safety, or welfare;
				  or
(6) if the marijuana
				  establishment has engaged or attempted to engage in
(A) the diversion of marijuana or a marijuana
				  product; or
(B) a crime on the
				  establishment's licensed premises; in this subparagraph, "crime" has the
				  meaning given in
				  AS
				  11.81.900(b).
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.836 - Probation

Current through May 31, 2024
(a) In a disciplinary decision on a notice of
				  violation or suspension order, the board may place a license, permit, or
				  endorsement on probation for a period of no greater than three years. To ensure
				  good faith performance of all obligations by a party while under probation, the
				  board may suspend any portion of time of suspension or civil I fines
				  owed.
(b) The director may file a
				  probation violation at their discretion. To initiate a probation violation, the
				  director shall detail in a written communication to the board
(1) a description of the circumstances that
				  support that request;
(2) a
				  statement of statutes, regulations, or local laws that were violated;
(3) prior violations or criminal history of
				  the licensee and any violations recorded on the licensed premises;
(4) a recommendation of the amount of
				  unsuspended time or fines to levy; and
(5) the signature of the investigator from
				  the office.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 306 - Marijuana Control › Article 8 - Enforcement; Civil Penalties › 3 AAC 306.840 - Civil fines

Current through May 31, 2024
(a) The board may, in addition to any other
				  penalties imposed under this chapter, impose a civil fine in accordance with
				  the Marijuana Control Board fine schedule dated March 23, 2021, and adopted by
				  reference, on a marijuana establishment, licensee, or person that the board
				  determines has violated a provision of AS 17.38 or this chapter.
(b) In a proceeding under
				  3 AAC 306.810 -
				  3 AAC 306.830, the board may impose a civil fine, not to
				  exceed the greater of
(1) the fine imposed in
				  the fine schedule adopted by reference in (a) of this section;
(2) an amount that is three times the
				  monetary gain realized by the marijuana establishment, licensee, or person as a
				  result of the violation, as determined by the board; or
(3) if applicable because of the seriousness
				  of the conduct and the related facts,
(A)
				  $10,000 for the first violation;
(B) $30,000 for the second violation;
				  or
(C) $50,000 for the third or
				  subsequent violation.