Title 17 — Food and Drugs
13 chapters · 148 sections in this title.
AS 17.38.010 Purpose and findings.
1.3K chars
(a) In the interest of allowing law enforcement to focus on violent and property crimes, and to enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana should be legal for persons 21 years of age or older. (b) In the interest of th…
AS 17.38.020 Personal use of marijuana.
1.3K chars
Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and are not criminal or civil offenses under state law or the law of any political subdivision of the state or a basis for…
AS 17.38.030 Restrictions on personal cultivation, penalty.
0.7K chars
(a) The personal cultivation of marijuana described in AS 17.38.020(2) is subject to the following terms: (1) marijuana plants shall be cultivated in a location where the plants are not subject to public view without the use of binoculars, aircraft, or other optical aids; (2) a p…
AS 17.38.040 Public consumption banned, penalty.
0.1K chars
It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100.
AS 17.38.050 False identification, penalty.
0.5K chars
(a) A person who is under 21 years of age may not present or offer to a marijuana establishment or the marijuana establishment's agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the person's own, for the purpose of (1) purchasing, a…
AS 17.38.060 Marijuana accessories authorized.
0.4K chars
Notwithstanding any other provision of law, it is lawful and is not an offense under state law or the law of any political subdivision of the state or a basis for seizure or forfeiture of assets under state law for persons 21 years of age or older to manufacture, possess, or purc…
AS 17.38.070 Lawful operation of marijuana-related facilities.
4.7K chars
(a) Notwithstanding any other provision of law, the following acts, when performed by a retail marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in the person's capacity as an owner, employee, or agent of a retail marijuana sto…
AS 17.38.080 Marijuana Control Board; appointment and qualifications.
2.4K chars
(a) The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only. (b) The b…
AS 17.38.091 Terms of office; chair.
0.6K chars
(a) Members of the board serve staggered three-year terms. (b) Except as provided in AS 39.05.080(4), a member of the board serves until a successor is appointed. (c) A vacancy occurring in the membership of the board shall be filled within 30 days by appointment of the governor …
AS 17.38.101 Per diem and expenses.
0.2K chars
Members of the board do not receive a salary but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180.
AS 17.38.111 Meetings.
0.7K chars
(a) The board shall meet at the call of the chair. The board shall also meet at least once each year in each judicial district of the state to study this chapter and existing board regulations in light of statewide and local issues. Unless impracticable, the board shall hold its …
AS 17.38.121 Powers and duties of the board.
2.2K chars
(a) The board shall control the cultivation, manufacture, and sale of marijuana in the state. The board is vested with the powers and duties necessary to enforce this chapter. (b) The board shall (1) propose and adopt regulations; (2) establish by regulation the qualifications fo…
AS 17.38.131 Enforcement powers.
0.6K chars
The director and the persons employed for the administration and enforcement of this chapter may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board …
AS 17.38.140 Appointment and removal of director; staff.
0.5K chars
(a) The director of the Alcoholic Beverage Control Board appointed under AS 04.06.070 shall serve as the director of the board. The board may remove the director by a majority vote of the full membership of the board and a majority vote of the full membership of the Alcoholic Bev…
AS 17.38.150 Duties of director.
0.6K chars
The director shall enforce this chapter and regulations adopted by the board. The director shall issue, renew, transfer, suspend, or revoke all licenses and permits and issue product approvals at the direction of the board. The board may delegate to the director the authority to …
AS 17.38.190 Rulemaking.
2.0K chars
(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 regu…
AS 17.38.200 Marijuana establishment registrations.
3.2K chars
(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 applicatio…
AS 17.38.210 Local control.
4.6K chars
(a) A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or by a voter initiative. An established village may p…
AS 17.38.220 Employers, driving, minors, and control of property.
1.0K chars
(a) Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use o…
AS 17.38.230 Impact on medical marijuana law.
0.2K chars
Nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana patient or medical marijuana caregiver under AS 17.37.
AS 17.38.300 Local option election by an established village.
0.6K chars
(a) If a majority of the voters voting on the question vote to approve the option, an established village shall exercise a local option to prohibit the operation of one or more of the following types of marijuana establishments: (1) marijuana cultivation facilities; (2) marijuana…
AS 17.38.310 Removal of local option.
1.0K chars
(a) If a majority of the voters voting on the question vote to remove the option, an established village shall remove a local option previously adopted under AS 17.38.300. The option is repealed effective the first day of the month following certification of the results of the el…
AS 17.38.320 Effect on registrations of prohibition of marijuana establishments.
0.7K chars
If a majority of voters vote to prohibit the operation of marijuana establishments under AS 17.38.300, the board may not issue, renew, or transfer, between persons or locations, a registration for a marijuana establishment located within the perimeter of the established village. …
AS 17.38.330 Prohibition of sale and manufacture after election.
0.6K chars
(a) If a majority of the voters vote to prohibit the operation of marijuana establishments under AS 17.38.300, a person may not knowingly sell or manufacture marijuana in the established village. (b) If there are registered establishments within the established village, the prohi…
AS 17.38.340 Procedure for local option elections.
1.2K chars
(a) An election to adopt a local option under AS 17.38.300 or remove a local option under AS 17.38.310 shall be conducted as required in this section. (b) Upon receipt of a petition of 35 percent or more of the registered voters residing within an established village, the lieuten…
AS 17.38.350 Establishment of perimeter of established village.
1.5K chars
(a) Except as provided under (b) and (c) of this section, for purposes of AS 17.38.300 - 17.38.320, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the established village. If…
AS 17.38.360 Notice of the results of a local option election.
0.3K chars
If a majority of the voters vote to adopt or remove a local option under AS 17.38.300 or 17.38.310, the lieutenant governor shall notify the board of the results of the election immediately after the results are certified. The board shall immediately notify the Department of Law …
AS 17.38.370 Bail forfeiture for certain offenses.
0.2K chars
The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without court appearance for a violation of AS 17.38.030 - 17.38.050.
AS 17.38.900 Definitions.
4.1K chars
As used in this chapter, unless the context otherwise requires, (1) “board” means the Marijuana Control Board established by AS 17.38.080; (2) “consumer” means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of …