Current through 2023 Legislative Sessions
Section 17.38.190 - Rulemaking(a) The board shall adopt regulations necessary for implementation of this chapter. Regulations under this subsection may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. The regulations must include (1) procedures for the issuance, renewal, suspension, and revocation of a registration to operate a marijuana establishment; procedures under this paragraph are subject to all requirements of AS 44.62 (Administrative Procedure Act);(2) a schedule of application, registration, and renewal fees; application fees may not exceed $5,000, with this upper limit adjusted annually for inflation, unless the board determines a greater fee is necessary to carry out its responsibilities under this chapter;(3) qualifications for registration that are directly and demonstrably related to the operation of a marijuana establishment;(4) security requirements for marijuana establishments, including for the transportation of marijuana by marijuana establishments;(5) requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of 21;(6) labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;(7) health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;(8) reasonable restrictions on the advertising and display of marijuana and marijuana products; and(9) civil penalties for the failure to comply with regulations made under this chapter.(b) In order to ensure that individual privacy is protected, the board may not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer's age, and a retail marijuana store may not be required to acquire and record personal information about consumers.Amended by SLA 2019, ch. 13,sec. 64, eff. 10/17/2019.Added by 2014 Alaska Ballot Measure 2, approved in 11/4/2014 election, eff. 2/24/2015.