Alaska – Measure 2 – Full text

“An Act to tax and regulate the production, sale, and use of marijuana.” BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA:
Section 1.

AS 17 is amended by adding a new chapter to read:
Chapter 38. The regulation of marijuana

Sec. 17.38.010. Purpose and findings.
(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 the health and public safety of our citizenry, the people of the state of Alaska further find and declare that the production and sale of marijuana should be regulated so that:
(1) Individuals will have to show proof of age before purchasing marijuana;
(2) Legitimate, taxpaying business people, and not criminal actors, will conduct sales of marijuana; and
(3) Marijuana sold by regulated businesses will be labeled and subject to additional regulations to ensure that consumers are informed and protected.
(c) The people of the state of Alaska further declare that the provisions of this Act are not intended to diminish the right to privacy as interpreted by the Alaska Supreme Court in Ravin v. State of Alaska.
(d) Nothing in this Act proposes or intends to require any individual or entity to engage in any conduct that violates federal law, or exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal law.

Sec. 17.38.020. Personal use of marijuana.

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 shall not be a criminal or civil offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law:
(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana;
(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown;
(c) Transferring one ounce or less of marijuana and up to six immature marijuana plants to a person who is 21 years of age or older without remuneration;
(d) Consumption of marijuana, except that nothing in this chapter shall permit the consumption of marijuana in public; and
(e) Assisting another person who is 21 years of age or older in any of the acts described in paragraphs (a) through (d) of this section.

Sec. 17.38.030. Restrictions on personal cultivation, penalty.

(a) The personal cultivation of marijuana described in AS 17.38.020(b) 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 person who cultivates marijuana must take reasonable precautions to ensure the plants are secure from unauthorized access.
(3) Marijuana cultivation may only occur on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.
(b) A person who violates this section while otherwise acting in compliance with AS 17.38.020(b) is guilty of a violation punishable by a fine of up to $750.

Sec. 17.38.040. Public consumption banned, penalty.

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.
Sec. 17.38.050. False identification, penalty.

(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, attempting to purchase or otherwise procuring or attempting to procure marijuana or marijuana products; or
(2) Gaining access to a marijuana establishment.
(b) A person who violates this section is guilty of a violation punishable by a fine of up to $400.

Sec. 17.38.060. Marijuana accessories authorized.

Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or to distribute or sell marijuana accessories to a person who is 21 years of age or older.

Sec. 17.38.070. Lawful operation of marijuana-related facilities.

(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 his or her capacity as an owner, employee or agent of a retail marijuana store, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:
(1) Possessing, displaying, storing, or transporting marijuana or marijuana products, except that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way;
(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(3) Receiving marijuana or marijuana products from a marijuana testing facility;
(4) Purchasing marijuana from a marijuana cultivation facility;
(5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility; and
(6) Delivering, distributing, or selling marijuana or marijuana products to consumers.
(b) Notwithstanding any other provision of law, the following acts, when performed by a marijuana cultivation facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana cultivation facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:

(1) Cultivating, manufacturing, harvesting, processing, packaging, transporting, displaying, storing, or possessing marijuana;
(2) Delivering or transferring marijuana to a marijuana testing facility;
(3) Receiving marijuana from a marijuana testing facility;
(4) Delivering, distributing, or selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store;
(5) Receiving or purchasing marijuana from a marijuana cultivation facility; and
(6) Receiving marijuana seeds or immature marijuana plants from a person 21 years of age or older.
(c) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana product manufacturing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:
(1) Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products;
(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(3) Receiving marijuana or marijuana products from a marijuana testing facility;
(4) Delivering or selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility;
(5) Purchasing marijuana from a marijuana cultivation facility; and
(6) Purchasing of marijuana or marijuana products from a marijuana product manufacturing facility.
(d) Notwithstanding any other provision of law, the following acts, when performed by a marijuana testing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana testing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:
(1) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana;
(2) Receiving marijuana or marijuana products from a marijuana cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a person 21 years of age or older; and
(3) Returning marijuana or marijuana products to a marijuana cultivation facility, marijuana retail store, marijuana products manufacturer, or a person 21 years of age or older.
(e) Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law to lease or otherwise allow the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (d) of this section.
(f) Nothing in this section prevents the imposition of penalties upon marijuana establishments for violating this chapter or rules adopted by the board or local governments pursuant to this chapter.
(g) The provisions of AS 17.30.020 do not apply to marijuana establishments.

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