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

(a) A marijuana cultivation facility shall (1) use a marijuana inventory tracking system in compliance with 3 AAC 306.730 to ensure all marijuana propagated, grown, or cultivated on the marijuana cultivation facility's premises is identified and tracked from the time the marijuan…

(a) A marijuana cultivation facility shall comply with all applicable health and safety requirements set out in 3 AAC 306.735 and the additional requirements set out in this section. (b) A marijuana cultivation facility shall ensure that any licensee, employee, or agent who is pr…

(a) A marijuana cultivation facility shall use registered scales in compliance with AS 45.75.080 and 3 AAC 306.745. (b) A marijuana cultivation facility shall segregate harvested marijuana into harvest batches. (c) Once a harvest batch has been uniformly dried and cured, the mari…

(a) A marijuana cultivation facility shall provide samples from each harvest batch package of marijuana produced at the facility to a marijuana testing facility and may not sell or transport any marijuana, except as provided for in (c) of this section, until all laboratory testin…

(a) A marijuana cultivation facility may provide a free sample of marijuana to a retail marijuana store if packaged in a sample jar containing not more than three and one-half grams of marijuana and protected by a plastic or metal mesh screen to allow the retail marijuana stores …

(a) The board will or the director shall from time to time require a standard or limited marijuana cultivation facility to provide samples of the growing medium, soil amendments, fertilizers, crop production aids, pesticides, or water for random compliance checks. The sample may …

(a) A marijuana cultivation facility shall package its marijuana bud and flower for sale (1) to a retail marijuana store, either (A) in a package not exceeding one ounce for resale to consumers without additional handling by the retail marijuana store except to add the retail mar…

(a) When a marijuana cultivation facility packages marijuana for a retail marijuana store to sell to a consumer without re-packaging, the marijuana cultivation facility shall affix a label to each package of marijuana or marijuana product that contains each of the following state…

A marijuana cultivation facility shall submit monthly reports to the Department of Revenue and pay the excise tax required under AS 43.61.010 and 43.61.020 on all marijuana sold or provided as a sample to a marijuana establishment. Notes 3 AAC 306.480 Eff. 2/21/2016, Register 217…

(a) A person may not extract marijuana concentrate for sale or formulate or manufacture any marijuana product for sale unless that person has obtained a marijuana product manufacturing facility license from the board in compliance with this chapter, or is an employee or agent act…

(a) Except as provided in 3 AAC 306.515, a licensed marijuana product manufacturing facility is authorized to (1) purchase marijuana from a marijuana cultivation facility or from another marijuana product manufacturing facility; (2) ex-tract marijuana concentrate in compliance wi…

(a) A licensed marijuana product manufacturing facility may not (1) sell, deliver, distribute, or transfer marijuana, marijuana concentrate, or a marijuana product directly to a consumer, with or without compensation; (2) sell marijuana, marijuana concentrate, or a marijuana prod…

A licensed marijuana concentrate manufacturing facility has the privileges set out in 3 AAC 306.505, except that it may not (1) manufacture, refine, process, cook, package, label, or store any marijuana product other than marijuana concentrate; (2) sell, distribute, or deliver a …

An applicant for a marijuana product manufacturing facility license must file an application on a form the board prescribes, and provide the information required under 3 AAC 306.020 and (1) file an application on a form the board prescribes, including the information required und…

(a) A marijuana product manufacturing facility must obtain the board's approval for each product that it will manufacture for sale or transfer to another licensed marijuana establishment. A standard marijuana product manufacturing facility must obtain the board's approval for eac…

(a) A marijuana product manufacturing facility shall ensure that each agent who is required or permitted to be physically present on the licensed premises at any time, each licensee, and each employee (1) obtains a marijuana handler permit as provided in 3 AAC 306.700 before bein…

(a) A marijuana product manufacturing facility shall conduct any extraction or product manufacturing operation in a restricted access area in compliance with 3 AAC 306.710. (b) A marijuana product manufacturing facility shall have full video surveillance of the licensed premises …

(a) A marijuana product manufacturing facility shall use a marijuana inventory tracking system as provided in 3 AAC 306.730 to ensure that the marijuana product manufacturing facility identifies and tracks any marijuana or marijuana product from the time the marijuana or marijuan…

(a) A marijuana product manufacturing facility shall comply with the health and safety standards set out in 3 AAC 306.735, 18 AAC 31 (Alaska Food Code), if applicable, and any local kitchen-related health and safety standards for retail food establishments. (b) In addition to ins…

(a) A marijuana product manufacturing facility shall provide a sample of each marijuana product manufactured at the facility to a licensed marijuana testing facility, and may not sell or transport a marijuana product until all laboratory testing required under 3 AAC 306.645 has b…

(a) Before producing marijuana concentrate for sale, a marijuana product manufacturing facility shall develop standard operating procedures, good manufacturing practices, a safety plan, and a training plan for each individual employed in an extraction process. (b) A marijuana pro…

A marijuana product manufacturing facility may provide a sample of marijuana concentrate or other marijuana product manufactured by that facility to an employee of the facility who is in possession of a valid marijuana handler card for the purpose of quality control only if (1) S…

A marijuana product manufacturing facility may not prepare a marijuana product with potency levels exceeding the following, as tested in compliance with 3 AAC 306.645: (1) for a single serving of a marijuana product, not more than 10 milligrams of active tetrahydrocannabinol (THC…

(a) A marijuana product manufacturing facility shall observe the potency limits set out in 3 AAC 306.560 in packaging each product for resale by a retail marijuana store. (b) A container or packaging for any edible marijuana product produced by a marijuana product manufacturing f…

(a) With each production lot of marijuana product sold, a marijuana product manufacturing facility shall disclose in writing the name of the licensed marijuana testing facility that performed any required test and the results of each required test. (b) A marijuana product may not…

(a) The provisions of 3 AAC 306.600 - 3 AAC 306.675 apply to a person offering a service testing, analyzing, or certifying potency, moisture content, pesticide or solvent residue, mold, mildew, bacteria, or other contaminants in marijuana or a marijuana product to another person …

(a) A person may not offer or provide a marijuana testing service or test results unless the person has obtained a marijuana testing facility license from the board in compliance with this chapter, or is an employee or agent acting for a licensed marijuana testing facility. (b) R…

(a) A licensed marijuana testing facility may have any amount of marijuana and marijuana products on its premises at any given time if the marijuana testing facility's marijuana inventory tracking system and other records document that all marijuana and marijuana products are on …

An applicant for a new marijuana testing facility license must (1) file an application on a form the board prescribes, including(A) the information required under 3 AAC 306.020; (B) the proposed marijuana testing facility's operating plan, including, in addition to the informatio…

(a) A person seeking a marijuana testing facility license must first obtain the approval of the board by showing competence to perform each test the licensee will offer as an independent third-party testing facility, including tests to identify (1) THC, THCA, CBD, CBDA and CBN po…

A marijuana testing facility shall ensure that each agent who is required or permitted to be physically present on the licensed premises at any time, each licensee, and each employee (1) obtains a marijuana handler permit as provided in 3 AAC 306.700 before being licensed or empl…

(a) When an accredited proficiency testing program becomes available in the state, the board may require an applicant for a marijuana testing facility license to participate successfully in a proficiency testing program not earlier than 12 months before receiving a license. The p…

(a) A marijuana testing facility shall employ a scientific director who must be responsible for (1) overseeing and directing the scientific methods of the laboratory within the marijuana testing facility; (2) ensuring that the laboratory achieves and maintains quality standards o…

(a) An applicant for a marijuana testing facility license and a licensed marijuana testing facility shall (1) use as guidelines or references for testing methodologies(A) the American Herbal Pharmacopoeia's Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Cont…

(a) An applicant for a marijuana testing facility license and a licensed marijuana testing facility shall have a written manual of standard operating procedures, with detailed instructions explaining how to perform each testing method the applicant or marijuana testing facility u…

(a) A marijuana testing facility shall use the general body of required laboratory tests as set out in this section for marijuana plant material, an extract or concentrate of marijuana, and a marijuana product. Required tests may include potency analysis, moisture content, foreig…

A marijuana testing facility shall establish an adequate chain of custody and sample requirement instructions that include (1) issuing instructions for the minimum sample requirements and storage requirements; (2) documenting the condition of the external package and integrity se…

(a) A marijuana testing facility shall use a marijuana inventory tracking system as provided in 3 AAC 306.730 to ensure all marijuana transported to the marijuana testing facility's premises is identified and tracked from the time the marijuana arrives at the marijuana testing fa…

(a) If a sample tested by a marijuana testing facility does not pass the required tests based on the standards set out in 3 AAC 306.645, including a visual foreign matter inspection, the marijuana establishment that provided the sample shall dispose of the harvest batch package o…

(a) The board or director may at any time determine that the interests of the public require random supplemental testing of marijuana or a marijuana product. When the board or director requires random supplemental testing, the board will or director shall direct the marijuana cul…

(a) A marijuana testing facility shall report the result of each required laboratory test directly into its marijuana inventory tracking system not later than 24 hours after the test is completed. A marijuana testing facility shall provide the final report (1) in a timely manner …

A marijuana testing facility shall maintain the business records required under 3 AAC 306.755 for the period of time specified in that section. The books and records required under 3 AAC 306.755(a)(1) include (1) test results; (2) quality control and quality assurance records; (3…

(a) Each agent of the marijuana establishment who sells, cultivates, manufactures, tests, or transports marijuana or a marijuana product, or who checks the identification of a consumer or visitor, and each licensee and employee must obtain a marijuana handler permit from the boar…

(a) The board shall approve all marijuana handler permit education courses before a course provider may issue a marijuana handler permit. (b) The topics that an approved marijuana handler permit education course covers must include (1) AS 17.38 and this chapter; (2) the effects o…

Operations. A licensed marijuana establishment shall operate in accordance with the operating plan approved by the board. The licensee may request an operating plan change in accordance with 3 AAC 306.100(c). Notes 3 AAC 306.703 Eff. 5/9/2019, Register 230, April 2019 Authority:A…

(a) A marijuana establishment license will be issued for specific licensed premises. Unlicensed areas may not separate portions of licensed premises, except that the board may approve adjacent portions of the licensed premises that are not a restricted access area as permitted un…

(a) A marijuana establishment shall restrict access to any part of the licensed premises where marijuana or a marijuana product is grown, processed, tested, stored, or stocked. (b) Except as provided in 3 AAC 306,325 for a retail marijuana store, each entrance to a restricted acc…