Current through Chapter 26 of the 2023 Legislative Session
Section 17.38.200 - Marijuana establishment registrations(a) Each application or renewal application for a registration to operate a marijuana establishment shall be submitted to the board. A renewal application may be submitted up to 90 days before the expiration of the marijuana establishment's registration. When filing an application for a new registration under this subsection, the applicant shall submit the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. When filing an application for renewal of registration, an applicant shall submit the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check every five years. The board shall forward the fingerprints and fees to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.(b) The board shall begin accepting and processing applications to operate marijuana establishments one year after February 24, 2015.(c) Upon receiving an application or renewal application for a marijuana establishment, the board shall immediately forward a copy of each application and half of the registration application fee to the local regulatory authority for the local government in which the applicant desires to operate the marijuana establishment, unless the local government has not designated a local regulatory authority pursuant to AS 17.38.210(c).(d) Within 45 to 90 days after receiving an application or renewal application, the board shall issue an annual registration to the applicant unless the board finds the applicant is not in compliance with regulations enacted pursuant to AS 17.38.190 or the board is notified by the relevant local government that the applicant is not in compliance with ordinances and regulations made pursuant to AS 17.38.210 and in effect at the time of application.(e) If a local government has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek registrations, the board shall solicit and consider input from the local regulatory authority as to the local government's preference or preferences for registration.(f) Upon denial of an application, the board shall notify the applicant in writing of the specific reason for its denial.(g) Every marijuana establishment registration shall specify the location where the marijuana establishment will operate. A separate registration shall be required for each location at which a marijuana establishment operates.(h) Marijuana establishments and the books and records maintained and created by marijuana establishments are subject to inspection by the board.(i) A marijuana establishment may not be registered under this chapter if a person who is an owner, officer, or agent of the marijuana establishment has been convicted of a felony and either(1) less than five years have elapsed from the time of the person's conviction; or(2) the person is currently on probation or parole for that felony.Amended by SLA 2018, ch. 69,sec. 2, eff. 7/24/2018.Amended by SLA 2016, ch. 32,sec. 15, eff. 10/4/2016.Amended by SLA 2015, ch. 4,sec. 4, eff. 5/5/2015.Added by 2014 Alaska Ballot Measure 2, approved in 11/4/2014 election, eff. 2/24/2015.