Following the passage of Measure 2 in 2014, Alaska joined the ranks of the third state to grant legalization for the recreational use of cannabis. Alaska passed Measure 8 in 1998, which legalized the use of marijuana for medical purposes. To abide by the law in Alaska regarding marijuana, you must be aware of the following seven rules. Where the complete compendium of regulations is located.
Marijuana Laws In Alaska: An Overview
- Metrc is Alaska’s track-and-trace system.
- The conveyance of cannabis is not permitted in Alaska at this time.
- Retail establishments are restricted to selling a maximum of 1 ounce, 7 grams of concentrate for inhalation, or 5,600 milligrams of THC in aggregate.
- Consumption on-site is permissible in Alaska, contingent upon regulatory compliance and sanction.
- 1998 saw the legalization of medical cannabis through the Alaska Medical Marijuana Initiative (or Measure 8).
- In 2014, recreational cannabis use was declared lawful by means of Measure 2.
- Alcohol and Marijuana Control Board (AMCO) is the governing body tasked with the oversight of the cannabis industry in Alaska.
Law No. 1: Licensing
Their support for the application is required. Failure to comply will result in charges of unsworn falsification. Statute: 3 AAC 306.020. Application for a provisional license (a) In order to establish a new marijuana business, applicants must complete and submit an application in compliance with 3 AAC 306.025. The application form will be supplied by the board. The required documentation and information are outlined in this section. In addition, they are responsible for the application and annual license fees outlined in 3 AAC 306.100, as well as the biometric cards and associated fees specified in 3 AAC 306.055(a).
Application submission must be completed electronically. Payment of the application and associated fees may be made via electronic mail, in person at the board office, or by delivering the package to the director. (b) In the context of applying for a new marijuana establishment license, the following information is required: (1) The state business license number issued under AS 43.70 of the applicant, as well as the name and any proposed business name of the applicant for the proposed marijuana establishment.
(2) The information to be included in this section comprises the name, mailing address, telephone number, and social security number of every proposed licensee and each affiliate of that proposed licensee; unless otherwise specified in the context, “licensee” refers to every individual named in an application that adheres to the requirements of this section. To be identified as a licensee under this section, an individual must meet the following criteria: (A) if the applicant is a sole proprietor or individual; (B) if the applicant is a part
(3) Non-human applicants are required to present the subsequent documents and information: (A) The partnership agreement, which specifies the names of all general or managing partners and their respective ownership shares, for a partnership, including a limited partnership; (B) The limited liability company agreement and a list of all members with their respective ownership shares; for a corporation, the certificate of incorporation, which includes a list of all members and their respective ownership shares;
(D) In the case of a local government, a resolution endorsed by the governing body that designates an official to oversee the proposed marijuana enterprise; A statement of pecuniary interest in the format specified by the board, for each individual named in (2) of this subsection. (5) The identity of the individual licensee or designated government official specified in (2) of this subsection who is accountable for (A) managing the marijuana business and (B) ensuring compliance with state regulations, for each applicant who is not a person. (i) An email address at which the applicant consents to receive correspondence from the board prior to and subsequent to obtaining a license; it is the responsibility of both the applicant and the licensee to ensure that any email address provided to the board is current, enabling the board to contact them at any moment. (7) The license category desired by the applicant;
(8) The property’s address and global positioning system (GPS) coordinates, where the applicant intends to operate a marijuana business; and (9) A comprehensive diagram illustrating the licensed premises, including storage and restricted access areas, entrances, and boundaries.
The applicant is required to submit the following: (9) a copy of their title, lease, or another document demonstrating permission to use the planned licensed property; (10) an affidavit specifying the location and date of notice posting, accompanied by proof of advertising in accordance with 3 AAC 306.025(b); and (iii) the board-required information as follows: The following details are required for (A) a retail establishment specializing in marijuana products.
(B) an establishment engaged in the cultivation of marijuana; (C) a facility dedicated to the manufacturing of marijuana products; and (D) a facility conducting marijuana testing that is in need of the information specified in 3 AAC 306.615. (c) A license application for a marijuana establishment is required to include a board-approved operating plan.
The board must be persuaded of the following aspects of the proposed marijuana establishment: (1) security measures; (2) employee recruitment and training; (4) waste management; (5) transportation and delivery of marijuana and marijuana products; and (6) advertising and sign-related strategies. d) Both the individual applicant and the authorized general partner (or limited partnership representative) of a partnership, including a limited partnership, are required to affix their signatures on the marijuana business license application.
(3) A member of the limited liability company who possesses a minimum of 10 percent ownership in the organization; (4) Authorized officers of the corporation in the case of a corporation; or (5) A designated official in the case of a business applicant. Signing an application for a marijuana establishment license without solemnly attesting to the veracity of the following statements is considered illegal: (1) The application must be truthful, accurate, and comprehensive; (2) The applicant must have read and comprehended AS 17.38 and this chapter; and (3) The applicant must provide the board with all the necessary information to substantiate the application.
The following is explained:
Application materials require:
- Name of the candidate, name of the organization, and state application number
- The type of license that is being requested
- The GPS coordinates and location of the structure indicate where the applicant intends to operate the marijuana business.
- The title, the lease, and any other documentation proving ownership of the property
- A document containing evidence that the applicant advertised public notices regarding the application, including the date and location of those notices.
- The recommended licensee’s information consists of the following: name, mailing address, phone number, social security number, and a statement of financial interest in the form supplied by the board.
- The mailing address of the applicant
A working plan and floor plan for the marijuana business illustrate how the proprietors intend to:
- Transportation and delivery of marijuana products
- Waste disposal
- Employee qualification and training
- The applicant and any partners must sign applications.
- Security
- Signage and advertising
- Inventory tracking
Law No. 2: Privileges for Retail Dispensaries
(3) AAC 306.305: Authorizations for the sale of marijuana by cannabis retailers (a) A licensed retail marijuana establishment is granted the following authority: (1) Distribute marijuana acquired from a licensed marijuana cultivation facility, duly packaged and labeled in accordance with the regulations specified in 3 AAC 306.345, 3 AAC 306.470, and 3 AAC 306.475; the quantity sold to an individual on the licensed premises; or (3) Permit marijuana to be consumed off the licensed premises, as permitted under 3 AAC 306.995.
(2) Engage in the sale of a marijuana product obtained from a licensed marijuana product manufacturing facility, which has been appropriately packaged and labeled in accordance with the regulations specified in 3 AAC 306.345, 3 AAC 306.565, and 3 AAC 306.570. The quantity sold to an individual on the licensed premises or as authorized under 3 AAC 306.995 for off-site consumption does not surpass the limit specified in 3 AAC 306.355. (3) Maintain marijuana and marijuana products on the licensed premises in a manner that adheres to the guidelines outlined in 3 AAC 306.
(4) Permit the consumption of marijuana or marijuana products purchased on the licensed premises, in a designated area, with prior sanction from the board. (b) This provision does not mandate that a licensed marijuana establishment sell marijuana or marijuana products to customers against their will. (“c”) A licensee of a marijuana retail establishment may also apply for a license to cultivate marijuana, manufacture marijuana-infused products, or engage in both. Individuals who possess both a retail marijuana store and obtain licenses for marijuana product manufacturing facilities, cultivation facilities, or both, are obligated to comply with the subsequent requirements:
(1) cultivate marijuana in a room separate from the store; (2) manufacture marijuana products in a room separate from the store; and (3) affix a secure do not disturb sign to each room if the rooms are connected and located in the same area. 3 AAC 306.310. Things that a marijuana establishment prohibits (a) It is unlawful for a licensed marijuana establishment to offer, sell, distribute, deliver, or distribute marijuana or marijuana products (1) to an individual who is under the age of 21.
(2) to an individual under the influence of substances, alcohol, or inhalants; (3) lacking proper labeling and packaging in accordance with 3 AAC 306.345, (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 that violates the following prohibitions for licensed retail marijuana stores: (1) Permit a customer to use or conduct business on the licensed premises daily between 5:00 a.m. and 8:00 a.m.; (2) Permit the smoking of marijuana or a marijuana product on the licensed premises, unless 3 AAC 306.305(a)(4) specifies otherwise.
(3) Distribute or propose the distribution of (A) complimentary marijuana or marijuana products for promotional purposes or any other rationale; (3) 3 AAC 306.330. Method of tracking for marijuana inventory (a) In order to ensure that all marijuana and marijuana products it possesses are identified and tracked from the moment it receives a batch of marijuana or a lot of marijuana products until it sells, transfers, or disposes of the batch of marijuana or a lot of marijuana products, a retail marijuana store is required to implement a marijuana inventory tracking system, as outlined in 3 AAC.
(b) Upon the delivery or transportation of marijuana or marijuana products from marijuana product factories to a licensed marijuana retailer, the retailer is obligated to promptly update its marijuana inventory monitoring system with the batch number and lot number. It is against the policy for a marijuana retail establishment to accept marijuana or marijuana products without a valid transport manifest generated by the marijuana inventory monitoring system of the company delivering the item.
(c) Each day at the close of business, a retail marijuana establishment is obligated to reconcile each transaction recorded in its point-of-sale system with the system utilized for monitoring marijuana inventory. d) A retailer of marijuana is obligated to provide an explanation for any discrepancy between the quantity of marijuana or marijuana products it received and the quantity it sold, donated, or otherwise disposed of.
The following is explained:
Cannabis retail establishments are authorized to do the following:
- Cannabis retailers may refuse to sell the product to any customer.
- Individuals who possess an existing license to operate a marijuana retail establishment are eligible to submit an application for a permit to cultivate marijuana, manufacture marijuana-infused products, or engage in both.
- When selling marijuana that you have purchased from registered cultivators, ensure that it is packaged and labeled appropriately.
- On the authorized property, marijuana products may be stored.
- Permit customers to consume marijuana products they purchased on licensed property in a designated area of the establishment (board approval required).
Products must be manufactured and plants must be cultivated in separate spaces from the store.
- Visitors are not permitted to enter the establishment from 5:00 am to 8:00 am.
- Cannabis products whose labels indicate they are no longer safe for human consumption cannot be sold in stores.
- You are unable to perform transports.
- Products containing marijuana cannot be distributed at no cost.
- Individuals who are under the age of 21 or under the influence of alcohol or narcotics are prohibited from purchasing marijuana products in retail establishments.
- Businesses may only concurrently sell products to customers in-store or on the licensed premises.
Law No. 3: Labeling And Packaging
Legislation: 3 AAC 306.345 Labeling and packaging (a) A retail marijuana establishment is required to ensure the following: (1) marijuana sold is packaged and labeled in accordance with 3 AAC 306.470 and 3 AAC 306.475; (2) any marijuana product sold on the licensed premises is packaged and labeled in accordance with 3 AAC 306.565 and 3 AAC 306.570; and (3) marijuana or a marijuana product sold is packaged in child-resistant packaging that is opaque and resealable.
(b) Furthermore, a retail marijuana establishment is obligated to affix a label to every package of marijuana or marijuana product, in addition to the labeling requirements outlined in (a) of this section. This label must: (1) bear the name or distinctive logo of the marijuana establishment license holder, which identifies the retail marijuana store selling the product; (2) provide an estimate of the total THC content in the labeled product; and (3) include each of the subsequent statements:
(A) “Marijuana may cause dependence and addiction and has intoxicating properties.”(B) “Marijuana impairs judgment, coordination, and concentration.” It is not advised to operate apparatus or a vehicle while under the influence of this substance.(C) “Utilizing marijuana is associated with potential health hazards.”(D) “It is restricted to adults aged twenty-one and above.” Place beyond the grasp of young children.(E) “Marijuana use is contraindicated for pregnant or nursing women.”
The following is explained:
The packaging must be reusable, transparent, and child-safe.
It must bear a stamp that reads the following:
- The brand name or logo and license number of the cannabis business.
- The estimated concentration of THC in the product.
The assertions that follow:
- “Commuming marijuana is associated with potential health risks.”
- “Only individuals over the age of 21 may use.” Prevent children from accessing it.
- “Marijuana use is contraindicated for pregnant or nursing women.”
- Cannabis is capable of producing intoxicating effects and fostering addiction and dependence.
- “Marijuana impairs concentration, mobility, and decision-making.” Avoid operating machinery or driving while under the influence.
law No. 4: Purchase restrictions
As stated in Section 3 AAC 306.355 of the legislation. (1) A marijuana establishment is prohibited from selling to a single customer in a single day more than one ounce of usable marijuana, seven grams of marijuana concentrate intended for consumption, or 5,600 milligrams of THC in all marijuana and marijuana products sold. Exceptions to this section’s limitations in (a) include marijuana and marijuana products sold for on-site use in accordance with 3 AAC 306.370.
The following is explained:
One ounce, or seven grams of marijuana concentrate for consumption, or 5,600 milligrams of THC in total, is the maximum amount that a marijuana establishment may sell.
law No. 5: Taxes
According to the Alaska State Page, “On November 4, 2014, voters approved Ballot Measure 2, which will tax and regulate the growing, selling, and using of marijuana.” Alaska will impose a tax on the sale of marijuana in accordance with the ballot initiative. The levy Division will receive the pot levy from locations authorized to cultivate marijuana.
When the marijuana plant is transported or sold from its place of cultivation to a destination where it is consumed by consumers or utilized in the production of other goods, the applicable tax is applied. Initially, the tax on marijuana was $50 per ounce. Changes were made to the tax rates on the purchase and sale of marijuana on January 1, 2019. Fully developed blooms and flowers are subject to a $50 per ounce tax. Young or unusual buds are subject to a $25 per ounce tax, while compact buds are subject to a $15 per ounce tax, and clones are taxed at a fixed rate of $1 per ounce.
The following is explained:
- Taxes are an obligation of farmers.
- Although Alaska as a whole does not impose sales taxes, certain municipalities and localities do. Retail purchases of marijuana and marijuana-related products are subject to a 5% sales tax in Anchorage.
- On mature blossoms and flowers, the tax rate is $50 per ounce; on trim, the tax rate is $15 per ounce; and on clones, the tax rate is $1 per clone.
law No. 6: Required Consumer Notices for Retailers
The corresponding statute is 3 AAC 306.365. Notices that marijuana retailers are required to display for patrons (a) Cannabis retailers are required to display the following signs in a visible location: Preceding that, the act of using marijuana in public is illegal. Furthermore, it is a violation of federal legislation to transport or possess marijuana or marijuana products via air carrier, cruise ship, or Alaskan waterways.
Furthermore, shipping or transporting marijuana or marijuana products beyond the borders of the State of Alaska is a violation of federal law. Finally, providing marijuana to a person under the age of 21 is illegal under federal law. Under this section, notice placards required under (a) must be a minimum of 11 inches in length and 14 inches in width. The minimum height requirement for the letters is a half-inch, and they must contrast in hue from the backdrop. Register 223 (Beginning on July 22, 2017).
The following is explained:
The subsequent notices are required to be prominently displayed in locations accessible to patrons within marijuana retail establishments:
- Public use of marijuana is strictly prohibited by law.
- Transporting or carrying marijuana or marijuana products on Alaskan waterways, including cruise ships, or by air carriers is strictly prohibited by law.
- “It is prohibited by federal law to ship or transport marijuana or marijuana products beyond the borders of Alaska.”
- “It is illegal to provide marijuana to individuals under the age of 21.”
In order to be deemed official, notices must be presented in a distinct color and font height of at least a quarter inch from the background. Signs must have a minimum dimension of 11 by 14 inches.
law No. 7: On-Site Consumption Endorsement for Retail Stores
The corresponding statute is 3 AAC 306.370. On-site consumption authorization for cannabis retailers Unless otherwise specified by local or state legislation, the board may grant an onsite consumption endorsement to a licensed retail marijuana establishment, permitting patrons to: (1) Consume edible marijuana products exclusively, as described in this section, within any enclosed or outdoor space, irrespective of the store’s freestanding status; (2) Employ any method as described in this section, within any enclosed or outdoor space of a licensed freestanding retail marijuana establishment. An establishment that possesses an authorized onsite consumption endorsement may offer the subsequent products for sale:
(1) One gram of marijuana buds or flowers per person per day; (2) Twenty-five milligrams of THC per person per day in consumable marijuana products; and (3) A vaping device containing no more than 0.3 grams of THC per person per day. It is mandatory to utilize these items exclusively in an area designated for marijuana consumption, starting from the moment of purchase. (2) A licensed cannabis establishment that possesses an authorized onsite consumption endorsement may offer non-alcoholic and non-marijuana-containing food and beverages. Additionally, licensed establishments may permit customers to transport marijuana or marijuana products they have purchased for personal use, provided that the packaging complies with 3 AAC 306.345. (d) A licensed retail marijuana establishment that possesses an authorized onsite consumption endorsement is prohibited from
(1) Permit marijuana or marijuana products, including marijuana concentrate, to be consumed during the course of a work shift by any licensee, employee, or agent of a licensee; (2) Permit tobacco or tobacco products to be consumed in the marijuana consumption area; (3) Permit the entry or consumption of marijuana or marijuana products that were not purchased from the licensed retail marijuana store in the marijuana consumption area.
(4) Engage in the sale, offer to sell, or delivery of marijuana or marijuana products at a price that is lower than the customary price charged for the same items throughout the calendar week; (5) Provide a fixed price for an unlimited quantity of marijuana or marijuana products within a specified time period; (6) Sell, offer to sell, or deliver marijuana or marijuana products on any given day at prices lower than those charged to the general public on that day; The area designated for marijuana use must possess the following attributes.
(1) It is imperative that the licensed marijuana retail establishment partition it from the remainder of the establishment with walls and a secure door, restricting access to its contents solely to employees; (2) A smoke-free zone must be designated for employee supervision over the marijuana smoking area; and (3) The space must be indoors and permit smoking. (4) If the marijuana consumption area is situated outdoors, the board is tasked with determining whether or not it is conducive to other uses in the vicinity by analyzing (A) the location of air intake vents on nearby structures, provided that smoke is permitted, and (B) nearby uses;
(C) the presence of a wall or fence that obstructs views to the outdoor marijuana consumption area; and (D) objections from occupants, property owners, or residents within a specified distance of 250 linear feet or as advised. (f) In order to obtain an onsite consumption endorsement, a candidate must submit an application on a prescribed form by the board, accompanied by the endorsement fee specified in 3 AAC 306.100. Additionally, the applicant must submit an operating plan in a format specified by the board, which should outline the retail marijuana store’s strategy for (A) security and fulfill the other mandatory requirements for a retail marijuana store.
(i) doors and locks; (ii) windows; (iii) diversion prevention measures; and (iv) access prohibition measures for individuals under the age of 21; (B) Ventilation, in the event that smoking is allowed indoors, ventilation plans must meet the following requirements: (i) they must be signed and approved by a licensed mechanical engineer; (ii) they must be adequate to eliminate visible smoke; and (iii) they must adhere to all relevant building codes and ordinances.
(C) Overconsumption monitoring; (D) Proper disposal or packaging of unconsumed marijuana in accordance with 3 AAC 306.345; and (E) Preventing the introduction of marijuana or marijuana products not sold by the retail marijuana store, as well as those not specifically designated for on-site use, into the marijuana consumption area; (2) the applicant’s comprehensive plan of the marijuana consumption area, including the placement of (A) the licensed marijuana storage area; and (C) unconsumed marijuana.
(D) the employee monitoring area; (E) exits such as doors, windows, or other apertures; and (F) access control points; (3) evidence in the form of a title, lease, or other valid documentation proving the applicant’s exclusive ownership of the designated marijuana consumption area (g) A marijuana establishment that holds an onsite consumption endorsement as outlined in this chapter is obligated to adhere to the following regulations: (1) Eliminate any unconsumed, unfinished marijuana that remains in the marijuana consumption area; (2) Constantly monitor patrons in the marijuana consumption area to prevent overconsumption; and (3) Display all warning signs mandated by 3 AAC 306.360 and 3 AAC 306.365 in the marijuana consumption area, specifically (h) The individual holding the onsite consumption endorsement is required to
The following is explained:
An onsite consumption endorsement for licensed retail marijuana store premises may be granted approval by the board. Food and beverages that are to be ingested on-site must be purchased for immediate consumption in a designated area. The maximum quantity that may be purchased for on-site consumption is as follows:
- One marijuana flower or leaf per day (no more than one gram per person).
- Products containing marijuana that do not exceed 25 milligrams of THC per individual per day when consumed.
- A consuming device that does not exceed 0.3 grams of marijuana per person per day (only marijuana concentrate may be vaped on-site).