Section 3 AAC 306.990 - Definitions(a) In AS 17.38 and this chapter, (1) REPEALED 3/11/2018 "assisting" does not include (A) using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020;(B) possessing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020;(C) glowing marijuana plants for another person in a place other than (i) that other person's primary residence; or(ii) a garage, shed, or similar place under the other person's control;(2) "delivering" (A) means handing to a person who purchases the product on licensed premises only;(B) does not include transferring or transporting to a consumer off" licensed premises;(3) "flowering" means a marijuana plant that has visible crystals, buds, or flowers, or for which the exposure to light is scheduled with the intent to produce crystals, buds or flowers;(4) "immature" means a marijuana plant 18 inches or less in height with no visible crystals, buds, or flowers, and in which the exposure to light is scheduled with the intent to prevent formation of crystals, buds, or flowers;(5) "in public" (A) means in a place to which the public or a substantial group of people has access;(B) except as provided in (C) of this paragraph, includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence;(C) does not include an area on the premises of a licensed retail marijuana store designated for onsite consumption under 3 AAC 306.305;(6) "mature" means a marijuana plant over 18 inches in height;(7) "personal cultivation" does not include (A) using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020;(B) possessing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020;(C) growing marijuana plants for another person in a place other than (i) that other person's primary residence; or(ii) a garage, shed, or similar place under the other person's control;(8) "possess" means having physical possession or control over property;(9) "registration" means licensure or license;(10) Repealed 10/11/2017.(b) In this chapter, unless the context requires otherwise, (1) "adulterated food or drink product" (A) means a product that is intended to be consumed orally and that existed without marijuana in a form ready for consumption before marijuana was added by any process;(B) does not include raw ingredients that are combined with marijuana in a manufacturing process;(2) "agent" (A) means a representative who is authorized to act for a licensee, the board, or the director;(B) includes a contractor or subcontractor;(3) "batch" or "harvest batch" means a specifically identified quantity of quantity of bud and flower, plant trim, leaf, and other usable product from marijuana plants that are uniform in strain, cultivated in one place and under the same conditions, using the same medium and agricultural chemicals including pesticides and fungicides, and harvested at the same time;(4) "bud and flower" means the hairy, sticky, or crystal-covered parts of mature female marijuana plants generally harvested for their high potency content;(5) "business day" means a day other than a Saturday, Sunday, or a state holiday;(6) "CBD" means cannabidiol;(7) "CBDA" means CBD Acid;(8) "CBN" means cannabinol;(9) "clones" or "cuttings" means small starter plants (A) shorter than eight inches tall; and(B) used to propagate marijuana plants;(10) "compensation" (A) means money, bartered objects or services, or anything else of value, whether given as payment or voluntarily as a donation, when accepted by a person who gives, distributes, or delivers marijuana to another;(B) includes a cover charge, a delivery charge, and a packaging charge;(11) "concentrate" or "marijuana concentrate" means resin, oil, wax, or any other substance produced by extracting or isolating cannabinoids, THC, or other components from a marijuana plant or from materials harvested from a marijuana plant;(12) "consumer" (A) means an individual who purchases and uses marijuana or a marijuana product; and(B) does not include a marijuana establishment that resells marijuana or incorporates marijuana into a manufactured product;(13) "contaminant" means one or more of the following: (A) harmful microbials, including Esdierickia coll (E. coli), or Salmonella species;(D) harmful chemicals, including pesticides;(E) dangerous molds, mildew, or filth;(14) "controlling interest" means ownership or control of (A) 50 percent or more of the ownership interest or voting shares of a corporation; or(B) less than 50 percent if a person and family members jointly exert actual control as demonstrated by (i) making decisions for the corporation without independent participation of other owners;(ii) exercising day-to-day control over the corporation's affairs;(iii) disregarding formal legal requirements;(iv) using corporation funds for personal expenses or investments, or intermingling corporation finances with personal finances; or(v) taking other actions that indicate the corporation is a mere instrumentality of the individual;(15) "distribute" means spread out or pass out among several or many members of a group;(16) "edible" and "edible marijuana product" (A) means a marijuana product that is intended to be consumed orally, whether as food or drink:(B) does not include an adulterated food or drink product;(17) "extraction" or "marijuana extraction" means production of marijuana concentrate by any water-based, food-based, or solvent-based method;(18) "homogenous" means a component or quality, such as THC, is spread evenly throughout the product, or can be found in equal amounts in each part of a multi-serving unit;(19) "individual" means a natural person;(20) "in-house testing" (A) means laboratory testing as provided in 3 AAC 306.635 and that does not meet the requirements of 3 AAC 306.645;(B) does not include consumption of any marijuana or marijuana product on the licensed premises;(21) "licensed" (A) means holding a current and valid license that the board has issued under this chapter;(B) does not include holding a formerly valid license that has expired or that the board has suspended or revoked;(22) "licensee" means each individual identified in 3 AAC 306.020 who must be listed in an application for a marijuana establishment license under this chapter;(23) "licensed premises" means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure, including overlapping premises approved by the board under 3 AAC 306.705(d) and 3 AAC 306.710(d) or designated outdoor areas, at the specific location for which a marijuana establishment license is issued, and used, controlled, or operated by the marijuana establishment to carry out the business for which it is licensed;(24) "lot" or "production lot" means a group of marijuana products that were prepared at the same time from the same batch of marijuana, using the same recipe or process;(25) "marijuana" has the meaning given in AS 17.38.900;(26) "marijuana cultivation facility" has the meaning given in AS 17.38.900;(27) "marijuana infused product" (A) means a product that contains marijuana or marijuana concentrate and is intended for human use;(B) does not include bud and flower marijuana;(28) "marijuana plant" means a living organism of the genus Cannabis capable of absorbing water and inorganic substances through its roots, and synthesizing nutrients in its leaves by photosynthesis;(29) "marijuana product" has the meaning given in commercialAS 17.38.900;(30) "marijuana product manufacturing facility" has the meaning given in AS 17.38.900;(31) "peace officer" has the meaning given in AS 01.10.060;(32) "person" has the meaning given in AS 01.10.060;(33) "process" or "processing" means harvesting, curing, drying, or trimming of a marijuana plant;(34) "propagate" means to cause a marijuana plant to grow by planting clones or cuttings, and nurturing them into viable plants up to eight inches in height;(35) "recreation or youth center" means a building, structure, athletic playing field, or playground (A) run or created by a local government or the state to provide athletic, recreational, or leisure activities for persons under 21 years of age; or(B) operated by a public or private organization licensed to provide shelter, training, or guidance for persons under 21 years of age;(36) "retail marijuana store" has the meaning given in AS 17.38.900;(37) "square feet under cultivation" (A) means an area of the licensed premises of a standard or limited marijuana cultivation facility that is used for growing marijuana, measured from the perimeter of the floor or growing space for marijuana;(B) does not include a processing or storage area, an equipment storage area, an office, a hallway, or another area, if that area is not used for growing marijuana;(38) "THC" means tetrahydrocannabinol, the main psychoactive substance found in marijuana;(39) THCA" means THC Acid;(40) "transaction" means one single occurrence in which marijuana or a marijuana product not exceeding the limits set out in 3 AAC 306.355 is passed from a licensed marijuana establishment to another person.(41) "drunken person" has the meaning given in AS 04.21.080(b)(9);(42) "freestanding" (A) has the meaning given in AS 18.35.301(i)(l);(B) does not include a building that contains a tenant other than one or more licensed marijuana establishments owned by the same business, individual, or group of individuals that seeks an onsite consumption endorsement;(43) "intoxicated" has the meaning given in AS 11.81.900(b)(34);(44) "marijuana consumption area" means a designated area within the licensed premises of a retail marijuana store that holds a valid onsite consumption endorsement, where marijuana and marijuana products may be consumed, excluding marijuana concentrates other than those consumed by vaping under 3 AAC 306.370(b)(3);(45) "retail marijuana store premises" means an area encompassing both the retail marijuana store and any marijuana consumption area.(46) "sight-obscuring wall or fence" means a wall or fence, including any gates, constructed of solid material and a minimum of six feet in height.(47) "total CBD" means the sum of CBD and (0.877) * (CBDA);(48) "total THC" means the sum of THC and (0.877) * (THCA);(49) "smoking" has the meaning given in AS 18.35.399;(50) "vaping" means the action or practice of inhaling the aerosol produced by an electronic device that heats up and vaporizes a liquid or solid.(51) "office" means the Alcohol and Marijuana Control Office.Eff. 2/24/2015, Register 213, April 2015 2/21/2016, Register 217, April 2016; am 10/11/2017, Register 224, January 2018; am 8/11/2018, Register 227, October 2018; Register 228, January 2019; am 4/11/2019, Register 230, April 2019; am 5/9/2019, Register 230, April 2019; am 3/13/2020, Register 233, April 2020; am 12/10/2020, Register 236, January 2021; am 8/7/2021, Register 239, October 2021; am 7/23/2023, Register 247, October 2023Authority:AS 17.38.010
AS 17.38.040
AS 17.38.070
AS 17.38.121
AS 17.38.190
AS 17.38.200
AS 17.38.900
AS 18.35.301