(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

Terms Used In Alaska Statutes 17.38.190

  • board: means the Marijuana Control Board established by Alaska Stat. See Alaska Statutes 17.38.900
  • consumer: means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of age or older, but not for resale to others. See Alaska Statutes 17.38.900
  • manufacture: has the meaning given in Alaska Stat. See Alaska Statutes 17.38.900
  • marijuana: means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. See Alaska Statutes 17.38.900
  • marijuana establishment: means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. See Alaska Statutes 17.38.900
  • marijuana products: means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. See Alaska Statutes 17.38.900
  • registration: means registration or licensure, as determined by regulation. See Alaska Statutes 17.38.900
  • retail marijuana store: means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. See Alaska Statutes 17.38.900
  • unreasonably impracticable: means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson. See Alaska Statutes 17.38.900
(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 Alaska Stat. Chapter 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.
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