3 AAC 306 — Marijuana Control (Article 1 to 9)

(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 …

(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 an…

(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 ensu…

(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,…

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) up…

(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 manu…

(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 cale…

(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 licen…

(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 licens…

(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…

(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 iss…

(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 an…

(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 convictio…

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 sus…

(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 d…

(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 t…

(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 licens…

(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 …

(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 b…

(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 dete…

An aggrieved licensee or permittee subject to any action under 3 AAC 306.800 - 3 AAC 306.840 may request an informal conference with the director. The director will set the informal conference not later than ten days after receipt of the request. Notes 3 AAC 306.844 Eff. 7/23/202…

An aggrieved party may appeal to the board regarding any other action of the director, an enforcement agent, or an employee of the board charged with enforcing AS 17.38 or this chapter. The board wilt consider the appeal at the next regularly scheduled meeting of the board. (b) R…

A license issued under this chapter must be surrendered to the director, an enforcement agent, or an employee of the board on demand if the director or board so orders. A license issued under this chapter must be surrendered not later than 10 days after the marijuana establishmen…

Marijuana establishment applications are public records. The board may, at the request of any applicant, designate materials confidential if they (1) contain proprietary information including trade secrets; or (2) are required to be kept confidential by any federal or state law. …

Nothing in this chapter prohibits a licensee from refusing to sell marijuana or marijuana products to any person unless that refusal is a violation of AS 18.80.210. Notes 3 AAC 306.910 Eff. 2/21/2016, Register 217, April 2016 Authority:AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17…

Until a marijuana establishment surrenders its license to the board, and so long as business is conducted under the license on the licensed premises, the person holding the license, whether an individual, a partnership, a limited liability company, a corporation, or a local gover…

(a) If an individual who is the sole licensee of a marijuana establishment dies, the marijuana establishment shall cease operation. A personal representative appointed by the superior court for the estate of the deceased licensee may submit to the director a written request to re…

Except as otherwise specifically provided in this chapter, applications and communications of a formal nature must be submitted in writing, upon prescribed forms as appropriate, to the board at its main office, and are not considered timely filed until received there. Notes 3 AAC…

(a) The director of the board is responsible for the management of the board's offices, the administration of the board's functions, and the enforcement of AS 17.38 and this chapter. (b) The director shall employ and supervise necessary clerical and investigative personnel and sh…

(a) The board will, at the first meeting of each calendar year, select a chair from among its members to preside over board meetings during the ensuing year. (b) The board will meet at the call of the air after reasonable public notice is given. (c) For the purposes of AS 17.33.1…

(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 t…