HomeMy WebLinkAbout2015-09-22 Planning & Zoning Packet - Work Session
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA - WORK SESSION
CITY COUNCIL CHAMBERS
September 22, 2015, 5:30 – 6:45 p.m.**
1. Call to Order
2. Commission Discussion
Discuss and review proposed draft amendments to Chapter 14.20 Kenai
Zoning Code, relating to establishments and businesses engaged in the sale,
cultivation, manufacture and consumption of marijuana with the City of Kenai.
*Public Participation : At the discretion of the Planning and Zoning
Commission, public comments will be allowed on a limited basis
throughout the discussion by the Planning & Zoning Commission.
3. Public Comment (limited to 3 minutes per individual; extensions will be granted if
time allows)
4. Adjournment
**At the discretion of the Planning & Zoning Commission, possible continuation of work
session to before the regularly scheduled meeting of the Planning & Zoning
Commission on Wednesday, September 23 from 6:00 p.m. to 6:45 p.m. to further
discuss and review proposed draft Amendments to Chapter 14.20 Kenai Zoning Code,
relating to Establishments and Businesses engaged in the Sale, Cultivation,
Manufacture and Consumption of Marijuana within the City of Kenai.
*Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated. The Planning &
Zoning Commission may relax this restriction.
MEMORANDU
TO: Planning and Zo
FROM: Matt Kelley, City
DATE: September 17, 2
SUBJECT: Draft Ordinance
22, 2015 Work S
At the Work Session of Augus
reviewed a proposed process to
At that Work Session, the Comm
14 of Kenai Municipal Code a
consider Marijuana Establishme
written a proposed draft Ordina
Facilities, Marijuana Brokerage F
Facilities and Marijuana Cultivat
proposed Alaska Statues being
In addition, I have also written
Establishments within the City of
I would like to please ask the C
any comments to staff at the
proposed Ordinance for consid
Commission if you would like to
revisions, or if the Commission w
City Council to review any revisio
For the Planning and Zoning Co
State of Alaska regulations in t
Marijuana Control Board for ado
Thank you for your consideration
UM:
oning Commission
y Planner
2015
e of Marijuana Land-Use Regulations for
Session
st 12, 2015, the Planning and Zoning Comm
o begin writing new land-use regulations to reg
mission and staff reviewed the Land Use table
nd determined Zoning Districts which may b
ents as Conditional Uses. Based on this discu
ance which has captured the uses relating to:
Facilities, Marijuana Products Manufacturing, M
ion Facilities. I have also added new definition
written by the Marijuana Control Board relatin
a set of proposed standards by which to reg
f Kenai.
ommission to review the proposed Ordinance a
Work Session. Based on the comments, I
deration by the Commission. I would also
o consider scheduling an additional Work Sess
would like to consider scheduling a Joint Work
ons.
ommissioners benefit, I have included all 4 sets
the Work Session Packet which are being co
ption by the State Legislators.
n.
210 Fidalgo Avenue, Kenai, Alaska 99
Telephone: 907-283-7535 / FAX: 907-
r September
mission met and
gulate Marijuana.
es within Chapter
e appropriate to
ussion, Staff has
Marijuana Retail
Marijuana Testing
ns taken from the
ng to these uses.
gulate Marijuana
and then provide
will update the
like to ask the
ion to review the
Session with the
s of the proposed
onsidered by the
9611-7794
-283-3014
1
New Text Un
AN ORDINANCE OF THE CO
KENAI MUNICIPAL CODE TI
REGULATIONS, ADD MARIJ
14.20 – KENAI ZONING CO
CREATE STANDARDS FOR
CHAPTER 14.22.010 – LAN
CONSERVATION, RURAL R
RESIDENTIAL, SUBURBAN
RESIDENTIAL, CENTRAL
INDUSTRIAL, HEAVY IND
HISTORIC, LIMITED COMME
WHEREAS, on November 4, 2
Measure 2, an Act to tax and
codified as Alaska Statue 17.3
WHEREAS, Alaska Statue 17
ordinances or regulations not
pursuant to this chapter, gov
establishment operations”; an
WHEREAS, the City of Kenai
Statue 17.38 as well as the lo
NOW, THEREFORE, BE IT OR
ALASKA, that
Section 1. Form: That this
Section 2. Amendment of
Title 12 Health a
Chapter 12.50 MARIJUANA
12.50.010 Purpose and Sco
(a)The purpose of this
marijuana and marijua
and the regulations r
pursuant to the expres
This Chapter and regu
marijuana and Marij
municipal control cont
nderlined; [DELETED TEXT BRACKETED]
Sponsored by:
CITY OF KENAI
ORDINANCE NO. *-2015
OUNCIL OF THE CITY OF KENAI, ALASK
ITLE 12 - HEALTH AND SAFETY, TO AD
JUANA–RELATED DEFINITIONS, AND AME
DE TO ADD MARIJUANA-RELATED DEF
R MARIJUANA ESTABLISHMENTS AND
ND USE TABLE ADD USE REGULATIO
RESIDENTIAL, RURAL RESIDENTIAL 1
RESIDENTIAL 1, SUBURBAN RESIDENT
COMMERCIAL, GENERAL COMMER
DUSTRIAL, EDUCATION, RECREATION
ERCIAL AND CENTRAL MIXED USE ZONIN
2014, the voters of the State of Alaska pass
regulate the production, sale, and use of m
38; and,
.38.110 states in part that “a local governm
t in conflict with this chapter or with regula
verning the time, place, manner and numbe
nd,
is the local regulatory authority pursuant t
ocal zoning authority; and,
RDAINED BY THE COUNCIL OF THE CITY
is a code ordinance.
Title 12 Health and Safety: That Kenai M
and Safety, is hereby amended as follows:
REGULATION.
pe of Authority
Chapter is to provide for the municipa
ana establishments as allowed by state law
related to marijuana establishments here
ss authority granted by State of Alaska Sta
ulations herein are intended to allow the C
juana Establishments within the broa
templated by state statute.
KA, AMENDING
DD MARIJUANA
END CHAPTER
FINITIONS AND
D AMENDING
ONS FOR THE
1, SUBURBAN
TIAL 2, URBAN
RCIAL, LIGHT
N, TOWNSITE
G DISTRICTS.
sed Ballot
marijuana,
ment may enact
ations enacted
er of marijuana
to Alaska
OF KENAI,
Municipal Code,
al regulation of
w.This Chapter
in are adopted
atue 17.38.110.
City to regulate
adest range of
2
New Text Underlined; [DELETED TEXT BRACKETED]
(b) Local Control of Marijuana Establishments. The City may by ordinance
exercise local control of Marijuana Establishments within the broadest range of
municipal control contemplated by state law, including the following types of
local control:
(1) Prohibit the operation of all or any type of Marijuana Establishments;
(2) Regulate Marijuana Establishments in a manner more restrictive than
Alaska State Law;
(3) Establish a local registration procedure for Marijuana Establishments;
(4) Designate a local regulatory authority for the following purposes:
(a) Receive half of the State of Alaska registration fee;
(b) Receive a copy of each State of Alaska registration
application and provide comments and input to the State
on such application; and
(c) Process applications for registration to operate a Marijuana
Establishment with the City and to issue registrations in
the event that they State of Alaska authority fails to process
applications in accordance with State of Alaska Statues
17.38.090 and 17.38.100; provided that, all such
applications for registration must be process within 90-
days of receipt of the application or resubmitted application
unless the application is not in compliance with ordinance
and regulations and the applicant is so notified;
(5) Establish a schedule of annual fees;
(6) Regulate the time and manner of operation of Marijuana Establishments;
(7) Regulate the number of Marijuana Establishments;
(8) Regulate the manner in which Marijuana and Marijuana Products my be
displayed by a Marijuana Retail Facility;
(9) Establish civil penalties for violation of Kenai Municipal Code.
12.50.20 Definitions.
The following definitions shall apply in the interpretation and enforcement of this
chapter:
(a) “Consumer” means a person 21 years of age or older who purchase marijuana
or marijuana products for personal use by persons 21 years of age or older, but
not for resale to others.
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(b) “Consume” means, in all conjugate forms, the act of ingesting, inhaling, or
otherwise introducing marijuana into the human body.
(c) “Local regulatory authority” means the office or entity designed to process
Marijuana Establishment applicants by a local government.
(d) “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. The term
does not include fiber produced from the stalks, oil, or came made from the
seeds of the plant, sterilized seed of the plant which is incapable of germination,
or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other products.
(e) Marijuana Accessories” means any equipment, products, or materials of any
kind which are used, intended for use or designed for use in planting,
propagating, cultivating, growing, harvesting, composting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repacking, storing, vaporizing, or containing marijuana, or for
ingesting, inhaling, or otherwise introducing marijuana into the human body.
(f) “Marijuana Concentrate” means resin, oil, wax, or any other substance derived
from the marijuana plant by any method which isolates the
Tetrahydrocannabinol (THC)-bearing resins of the plant.
(g) “Marijuana Cultivation Facility” means any entity registered to cultivate,
prepare, and package marijuana and to sell marijuana to Marijuana Retail
Facilities, Marijuana Products Manufacturing Facilities, Marijuana Brokerage
Facilities, Marijuana Testing Facilities, but not to consumers.
(h) “Marijuana Product Manufacturing Facility” means an entity registered to
purchase marijuana; manufacture, prepare, and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to Marijuana Retail Facilities, but not to
Consumers.
(i) “Marijuana Products” means concentrated marijuana 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.
(j) “Marijuana Retail Facility” means a legally licensed commercial retail marijuana
store as defined by Alaska State Law that sells tested and approved Marijuana
Products and / or Marijuana Plants and seeds to retail consumers as allowed
under Alaska State Statues. A Marijuana Retail Facility may sell Marijuana
Accessories.
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(k) “Marijuana Testing Facility” means a legally licensed commercial marijuana
testing facility as defined by Alaska State Law that is registered to analyze and
certify the safety and potency of Marijuana and Marijuana Products.
(l) “Public,” and used in Alaska State Statue 17.38.020 and 17.38.040 and as
used in this Chapter means a place to which the public or a substantial group
or persons has access and includes highway, rivers, lakes, transportation
facilities, schools, places of amusement or business, parks, playgrounds,
prisons, hallways, lobbies and other parts of apartments houses and hotels not
constituting rooms or apartments designed for actual residence.
Notwithstanding the foregoing, a location with proper licensure in place and
that is in compliance with applicable Alaska State Law and regulation, Kenai
Municipal Code, including City licensure requirements, if any, and that is
operating within the restrictions of such law and licensure is not a public place
within the meaning of Alaska State Statute 17.38.020 and 17.38.040.
12.50.30 Prohibiting Certain Product Manufacturing Methods of Marijuana
Concentrates.
Production of or attempting to produce a marijuana concentrate by a method of
extraction using flammable or combustible chemicals including, but not limited to,
butane, acetone, hexane, naphtha, ethanol, methanol, petroleum ether, and alcohol
constitutes marijuana product manufacturing and is prohibited except where
such marijuana extraction is authorized by Alaska State Law or regulation, permit,
license, or registration or where such marijuana extraction is authorized by City
ordinance, license, registration, or permit.
12.50.40 Prohibiting Outdoor Cultivation of Marijuana, Marijuana Products and
Marijuana Accessories.
As defined by Alaska State Law any portion of the growing, preparation, or packaging
activities of Marijuana, Marijuana Products, or Marijuana Accessories which is
conducted outdoors or within buildings that are not fully enclosed or which utilize
odor-permeable materials is hereby prohibited within the City.
12.50.40 Penalty.
A person who violates Kenai Municipal Code Chapter 12.50 is subject to fine as
provided for violations in Kenai Municipal Code 13.05.010 and as provided for by the
State of Alaska Marijuana Control Board.
Section 3. Amendment of Section 14.20.320 of the Kenai Zoning Code: That Kenai
Municipal Code, Section 14.20.320 is hereby amended by adding the following
definitions:
14.20.320 Definitions.
“Consumer” means a person 21 years of age or older who purchase marijuana or
marijuana products for personal use by persons 21 years of age or older, but not for
resale to others.
5
New Text Underlined; [DELETED TEXT BRACKETED]
“Consume” means, in all conjugate forms, the act of ingesting, inhaling, or otherwise
introducing marijuana into the human body.
“Home occupation” means an accessory carried out for remuneration by a resident in
the resident’s dwelling unit, excluding commercial Marijuana Establishments.
“Housing facility owned by a public housing authority with children as residents”
means rental housing owned and operated by a public housing authority that allows
tenancy by families with children as residents. Senior housing facilities are excluded.
“Local regulatory authority” means the office or entity designed to process Marijuana
Establishment applicants by a local government.
“Licensed” means any marijuana establishment, that holds a current and valid license
issued by the State of Alaska Marijuana Control Board, including a conditional
license, a marijuana establishment is not “licensed” if a license it formerly held has
expired, or has been suspended or revoked.
“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. The term does not include fiber
produced from the stalks, oil, or came made from the seeds of the plant, sterilized seed
of the plant which is incapable of germination, or the weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food, drink, or
other products.
“Marijuana Accessories” means any equipment, products, or materials of any kind
which are used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repacking,
storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise
introducing marijuana into the human body.
“Marijuana Concentrate” means resin, oil, wax, or any other substance derived from
the marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)-
bearing resins of the plant.
“Marijuana Cultivation Facility” means any entity registered to cultivate, prepare, and
package marijuana and to sell marijuana to Marijuana Retail Facilities, Marijuana
Products Manufacturing Facilities, Marijuana Brokerage Facilities, Marijuana Testing
Facilities, but not to consumers.
“Marijuana Cultivation Facility, Indoor Standard” means a legally licensed, fully
enclosed Commercial Marijuana Facility as defined by Alaska State Law, in which all
growing, preparation and packaging are conducted completely indoors with 500 or
more square feet under cultivation. Net floor area of all cultivation facility structures
shall not exceed 10,000 square feet.
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New Text Underlined; [DELETED TEXT BRACKETED]
“Marijuana Cultivation Facility, Indoor Limited” means a legally licensed, fully
enclosed Commercial Marijuana Facility as defined by Alaska State Law, in which all
growing, preparation and packaging are conducted completely indoors with 500 or
fewer square feet under cultivation. Net floor area of all cultivation facility structures
shall not exceed 5,000 square feet.
“Marijuana Cultivation Broker Facility, Indoor” means a legally licensed, fully enclosed
Commercial Marijuana Broker Facility as defined by Alaska State Law, for a person
providing essential business functions of a Marijuana Cultivation Facility, Indoor
Limited, including storing marijuana, purchasing or arranging the purchase of the
Marijuana Cultivation Facility, Indoor Limited’s marijuana crop, arranging testing and
transportation of marijuana and filing the reports and paying the marijuana excise tax
required under State of Alaska Statues 43.61.010 and 43.61.020. Net floor area of all
cultivation broker facilities shall not exceed 10,000 square feet.
“Marijuana Products” means concentrated marijuana 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.
“Marijuana Product Manufacturing Facility” means an entity registered to purchase
marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing
facilities and to Marijuana Retail Facilities, but not to Consumers.
“Marijuana Retail Facility” means a legally licensed commercial retail marijuana store
as defined by Alaska State Law that sells tested and approved Marijuana Products and
/ or Marijuana Plants and seeds to retail consumers as allowed under Alaska State
Statues. A Marijuana Retail Facility may sell Marijuana Accessories.
“Marijuana Testing Facility” means a legally licensed commercial marijuana testing
facility as defined by Alaska State Law that is registered to analyze and certify the
safety and potency of Marijuana and Marijuana Products.
“Playground” means any outdoor facility, including any parking lot appurtenant
thereto, intended for recreation other than team sports, open to the public, and with
any portion thereof containing three or more separate apparatus intended for the
recreation of children including, but not limited to, sliding boards, swing sets, and
teeterboards.
“Public,” and used in Alaska State Statue 17.38.020 and 17.38.040 and as used in
this Chapter means a place to which the public or a substantial group or persons has
access and includes highway, rivers, lakes, transportation facilities, schools, places of
amusement or business, parks, playgrounds, prisons, hallways, lobbies and other
parts of apartments houses and hotels not constituting rooms or apartments designed
for actual residence. Notwithstanding the foregoing, a location with proper licensure
in place and that is in compliance with applicable Alaska State Law and regulation,
Kenai Municipal Code, including City licensure requirements, if any, and that is
operating within the restrictions of such law and licensure is not a public place within
the meaning of Alaska State Statute 17.38.020 and 17.38.040.
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New Text Underlined; [DELETED TEXT BRACKETED]
“Square Feet Under Cultivation” means an area of the licensed premises of a standard
or limited cultivation facility that is used for growing marijuana, measured on the
perimeter or the marijuana crop or the canopy formed by marijuana plant branches
and foliage; “Square Feet Under Cultivation” does not include hallways, equipment
storage areas, or other areas within the licensed premises that are not used for
growing marijuana such as an office, or a processing or storage area.
“Swimming pool” means any public or private recreational facility and / or
gymnasium, including any parking lot appurtenant thereto, intended primarily for use
by persons under 18 years of age, which regularly provides athletic, civic, or cultural
activities.
“Youth center” means any public or private recreation facility and / or gymnasium,
including any parking lot appurtenant thereto, intended primarily for use by persons
under 18 years of age, which regularly provides athletic, civic, or cultural activities.
Section 4. Amendment of Chapter 14.20 Kenai Zoning Code: That Kenai Municipal
Code, Chapter 14.20 is amended to include Chapter 14.30 as follows:
Chapter 14.30 Standards for Commercial Marijuana Establishments
14.30.10 Purpose
The purpose of this Chapter is to establish general standards for Commercial
Marijuana Establishments.
14.30.15 Standards for Commercial Marijuana Establishments:
(a) General Standards:
(1) Standards for this Section (14.30.15) shall apply to all Commercial
Marijuana Establishments.
(2) A Commercial Marijuana Establishment shall only be allowed with a
Conditional Use Permit under Kenai Municipal Code Section 14.20.150.
(3) No portion of a parcel upon which any Commercial Marijuana
Establishment, except a Marijuana Testing Facility is located shall be
within the following buffer distances:
(a) 500 feet of any primary and secondary school buildings (K-
12) including vocational programs, playgrounds and public
housing authority’s housing facility with children as
residents; and,
(b) 200 feet of any post-secondary school buildings including
but not limited to vocational or technical schools, colleges
and
universities; and,
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(c) 100 feet of youth centers, public swimming pools, and
residential and zones (RR, RR1 RS, RS1, RS2, RU, TSH, R);
and,
(d) Buffer distances shall be measured from property line to
property line.
(4) Buffer distance measurements shall not extend beyond the nearest
Ordinary High Water (OHW) mark of a river or lake or beyond the nearest
edge of a right-of-way of an access-controlled roadway.
(5) Outdoor Storage:
(a) No outdoor storage of marijuana or hazardous substances
shall be allowed for any Marijuana Cultivation Facilities,
Marijuana Products Manufacturing Facilities, Marijuana
Retail Facilities, or Marijuana Cultivation Brokerage
Facilities.
(6) In all zones in which Marijuana Establishments, with the exception of a
Marijuana Testing Facility, are Conditional Use, the applicant shall
include an area map drawn to scale indicating all land uses on other
properties within a 500-foot proximity of the lot upon which the
applicant is seeking a Conditional Use Permit. This shall be in additional
to the Conditional Use Permit submission requirements in Kenai
Municipal Code Section 14.20.150.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision, or application directly involved in all
controversy in which this judgment shall have been rendered, and shall
not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council
hereby declares that it would have enacted the remainder of this
ordinance even without such part, provision, or application.
Section 5. Effective Date: That pursuant to Kenai Municipal Code Section
1.15.070(f), this ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
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Introduced: *, 2015
Adopted: *, 2015
Effective: *, 2015
10
14.22.010 LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
One-Family Dwelling C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family Dwelling C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family Dwelling C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family Dwelling C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N C N C C C C C C C C N C C C C
Planned Unit Residential
Development7 C18 C C29 C C C C C C C C N C C C C
Townhouses4 C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on Parcel
Without Main Building or Use (See
KMC 14.20.200)
N C C C C C C N N N N N N C N N
COMMERCIAL
Automotive Sales N C N N N N C P P P P N N N N P
Automotive Service Stations N C N N N N C P P P P N C N N P
Banks N C N C N N C P P P C N C C C P
Business/Consumer Services N C N C N N C P P P C N C C C P
Marijuana Testing Facility N N N N N N N C C C C C? N N C C
Commercial Recreation N C N C N N C P P C C N P C C P
Guide Service N C N C N N C P P P P N P P C P
Hotels/Motels N C N C N N C P P P C N C P C P
Lodge N C N C N N C P P P C N P P C P
Professional Offices N C C29 C N N P P P P P N C P P P
Restaurants N C N C N N C P P P C N C C C P
Marijuana Cultivation Facility,
Indoor Standard N N N N N N N N N C C N N N C N
11
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Marijuana Cultivation Facility,
Indoor Limited N N N N N N N N N C C N N N C N
Retail Business N26 C N C N N C P P P P S24 S24 C C P
Marijuana Retail Facility N N N N N N N N N? C C N N N C N?
Theaters N C N C N N C P P C C N P C C P
Wholesale Business N C N C N N C C P P P N S24 C C N
Marijuana Cultivation Broker
Facility N N N N N N N N N C C N N N C N
INDUSTRIAL
Airports P20 C N C N N C C C C C N C N N C
Automotive Repair N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage N N N C N N N N N C9 C9 N N N N N
Manufacturing/Fabricating/Assembly N C N C N N C C P P P N C C N C
Marijuana Product Manufacturing
Facility
N N N N N N N N N C C N N N N N
Mini-Storage Facility N C N C N N C C P P P N N N C C
Storage Yard N C N C N N C C P P P N N N N C
Warehouses N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living C C C C C C C C C C C C C C C C
Churches* C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics C C N C C C C P P P C C C C P P
Colleges* C C C29 C C C C P P C C P C C C P
Elementary Schools* C C C29 C C C C P P C C P C C C P
Governmental Buildings C C C29 C C C C P P P C P C C P P
High Schools* C C C29 C C C C P P C C P C C C P
Hospitals* C C N C C C C P P P C C C C C P
Libraries* C C C29 C C C C P P P C P C P C P
12
Museums C C C29 C C C C P P P C P C P C P
Parks and Recreation P C C29 C C C C P P P P P P P C P
MISCELLANEOUS C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Animal Boarding/Commercial
Kennel13 C C N C C N N C C C C N C N C C
Assemblies15 (Large: Circuses, Fairs,
Etc.) C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts C C C C C C C C C C C N P C C P
Cabin Rentals C C N C N N N P P P C N P P C P
Cemeteries C C N C N N N N C C C N C C N N
Communications Towers &
Antenna(s), Radio/TV Transmitters/
Cell Sites** 28
P C N C C C C P P P P P C C C C
Crematories/Funeral Homes N C N C N N C C C C C N C C C C
Day Care Centers12 C C C29 C C C C P P P C C C C P P
Dormitories/Boarding Houses C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P
Farming/General Agriculture*** P P N N N N N N N N P N P N N N
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Fraternal
Organizations/Private
Clubs/Social Halls and
Union Halls
N C N C C C C P P P C N C P C P
Marijuana Club N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Greenhouses/Tree
Nurseries13 C C N C C C C P P P C N C C C P
Gunsmithing,
Taxidermy N C N C C C C P P P P N C P P P
Nursing, Convalescent
or Rest Homes N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C N C C C C C C C C C C C C C
Personal Services25 C C N C C C C P P P P C C P P/C27 P
Recreational Vehicle Parks C C N C N N C C C C C N C C N C
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Subsurface Extraction of
Natural Resources16 C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17 C C N C N N C N C C C N C N N N
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and
major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall
include any secondary uses in the landscaping and site plans.
2. One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development requirements shall be the same as for
principal uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be
in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property
values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages,
storage spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of
the anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets
are designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See “Townhouses” section.
5. See “Mobile Homes” section.
6. Allowed as a conditional use, subject to “Mobile Homes” section and provided that any mobile home park meets
the minimum Federal Housing Authority requirements.
7. See “Planned Unit Residential Development” section.
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the
residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line.
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11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any
adjoining street or property line and provided further that the proposed location and characteristics of the use will not
adversely affect the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the
public;
b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that
the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill
this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15).
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining
property in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See “Conditional Uses” section.
17. See “Conditional Use Permit for Surface Extraction of Natural Resources” section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Reserved.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the “Development Requirements Table” for the RU/TSH
zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers
or students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to
house students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop
within another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services Permitted(P) Conditional Use(C)
Art Studios X
Barbers X
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Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
Personal services not set forth in the above matrix are conditional uses.
28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC
14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met.
29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either
from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that
driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the
Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel.
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Article 4. Marijuana Cultivation Facilities.
Section
400. Marijuana cultivation facility license required
405. Standard marijuana cultivation facility: privileges and prohibited acts
410. Limited marijuana cultivation facility: privileges and prohibited acts
415. Marijuana cultivation broker facility: privileges and prohibited acts
420. Application for marijuana cultivation license
425. Health and safety requirements
430. Marijuana handler permit required
435. Restricted access area
440. Marijuana inventory tracking system
445. Production of marijuana concentrate prohibited
450. Standards for cultivation and preparation
455. Required laboratory testing
460. Promotional samples
465. Random sampling
470. Packaging of marijuana products
475. Labeling of marijuana products
480. Marijuana tax to be paid
3 AAC 306.400. Marijuana cultivation facility license required. (a) Except as
provided under AS 17.38.020, a person may not plant, propagate, cultivate, harvest, trim, dry,
cure, or package, label, and sell marijuana grown at a place under that person's control, directly
or through a marijuana cultivation broker facility, to any marijuana establishment unless the
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person has obtained a marijuana cultivation facility license from the board in compliance with
this chapter, or is an employee or agent of a licensed marijuana cultivation facility. The board
will issue the following types of marijuana cultivation facility licenses, with the privileges and
subject to the prohibitions set out in sections 3 AAC 306.405 -3 AAC 306.415:
( 1) a standard marijuana cultivation facility license to a person operating a
marijuana cultivation facility with 500 or more square feet under cultivation;
(2) a limited marijuana cultivation facility license to a person operating a
marijuana cultivation facility with 500 or fewer square feet under cultivation; and
(3) a marijuana cultivation broker facility license for a person providing essential
business functions of a limited marijuana cultivation facility, including storing marijuana,
purchasing or arranging the purchase of the limited marijuana cultivation facility's marijuana
crop, arranging testing and transportation of marijuana, and filing the reports and paying the
marijuana excise tax required under AS 43.61.010 and AS 43.61.020.
(b) A person seeking any type of marijuana cultivation facility license as provided in (a)
of this section shall
( 1) submit an application for the license on a form the board prescribes, including
the information set out at 3 AAC 306.020 and 3 AAC 306.420;
(2) demonstrate to the board's satisfaction that it will operate in compliance with
(A) each applicable requirement for a marijuana cultivation facility set
out in 3 AAC 306.400 -3 AAC 306.480; and
(B) each applicable general marijuana establishment requirement set out
in 3 AAC 306.700 -3 AAC 306.760.
(c) A licensee of any marijuana cultivation facility, or an employee or agent ofa
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marijuana product manufacturing facility, may not have an ownership interest in, or a direct or
indirect financial interest in any licensed marijuana testing facility. (Eff _I_ I______, Register
_)
Authority: AS 17.38.010
AS 17.38.084
AS 17.38.030
AS 17.38.090
AS 17.38.070
AS 17.38.100
AS 17.38.900
3 AAC 306.405. Standard marijuana cultivation facility license: privileges and
prohibited acts. (a) A licensed standard marijuana cultivation facility is authorized to
( 1) propagate, cultivate, harvest, prepare, cure, package, store and label
mar1Juana;
(2) sell marijuana only to a licensed retail marijuana store, to another licensed
marijuana cultivation facility, or to a licensed marijuana product manufacturing facility;
(3) provide samples to a licensed marijuana testing lab for testing; and
(4) store inventory on the licensed premises; any stored inventory must be
secured in a restricted access area and accounted for in the marijuana cultivation facility's
inventory tracking system as required under 3 AAC 306. 760
(5) transport marijuana in compliance with 3 AAC 306.745;
(6) conduct in-house testing for the marijuana cultivation facility's own use.
(b) A licensed standard marijuana cultivation facility may also apply for a marijuana
product manufacturing facility license, and a retail marijuana store license. A standard
marijuana cultivation facility that obtains any other marijuana establishment license shall
( 1) conduct any product manufacturing and retail marijuana store operation in a
room completely separated from the cultivation facility by a secure door; and
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(2) comply with all regulations applicable to any other type of marijuana
establishment license that the standard marijuana cultivation facility licensee obtains.
(c) A licensed standard marijuana cultivation facility may not
(I) sell, distribute, or transfer any marijuana or marijuana product to a consumer,
with or without compensation;
(2) allow any person, including a licensee, employee, or agent, to consume
marijuana or a marijuana product on the licensed premises or within 20 feet of the exterior of any
building or outdoor cultivation facility on the licensed premises;
(3) treat or otherwise adulterate marijuana with any organic or nonorganic
chemical or other compound to alter the color, appearance, weight, or smell of the marijuana;
and
( 4) except as permitted under a marijuana product manufacturing facility license,
extract marijuana concentrate, using any process, at the licensed premises. (Eff. _I_ I______,
Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.410. Limited marijuana cultivation facility license: privileges and
prohibited acts. (a) A licensed limited cultivation facility is authorized to
(!) propagate, cultivate, harvest, and prepare marijuana for sale in a marijuana
cultivation facility with less than 500 square feet under cultivation;
(2) provide marijuana samples to a licensed marijuana cultivation broker facility
for the purpose of negotiating a sale;
(3) sell marijuana only to a licensed marijuana cultivation broker facility with
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which the limited cultivation facility has a written agreement that
(A) assigns responsibility for arranging transportation and testing by a
licensed marijuana testing facility; and for other services as agreed between the parties; and
(B) requires the marijuana cultivation broker facility to file reports and
pay the excise tax as required under AS 43.61.010 and AS 43 .61.020 for all marijuana the broker
facility purchases from the limited marijuana cultivation facility;
(4) ifa written agreement as provided in paragraph (a)(3) of this section does not
provide for the marijuana cultivation broker facility to provide these services:
(A) arrange for testing by a licensed marijuana testing facility; and
(B) transport marijuana to a licensed marijuana testing facility or the
marijuana cultivation broker facility with which the limited marijuana cultivation facility has an
agreement under (a)(3) of this section.
(b) A licensed limited marijuana cultivation facility may not
( 1) do any act prohibited under 3 AAC 306.405( c );
(2) hold any other type of marijuana establishment license;
(3) sell directly to a consumer, or to any marijuana establishment that does not
hold a marijuana cultivation broker facility license and
(4) sell marijuana to a marijuana cultivation broker facility without a written
agreement in which the broker facility agrees to pay the excise tax required under AS 43.61.010
and AS 43.61.020. (Eff. _I_ I______, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
AS 43.61.010 AS 43.61.020
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3 AAC 306.415. Marijuana cultivation broker facility: privileges and prohibited
acts. (a) A licensed marijuana cultivation broker facility is authorized to
(1) purchase marijuana from any number oflicensed limited marijuana
cultivation facilities;
(2) sell marijuana only to another licensed marijuana cultivation facility, a
licensed retail marijuana store, or a licensed marijuana product manufacturing facility;
(3) arrange laboratory testing of marijuana obtained from a limited cultivation
facility, and provide the necessary testing samples to a licensed marijuana testing facility;
(4) arrange transportation of marijuana to a marijuana testing facility, a marijuana
product manufacturing facility, or a retail marijuana store; and
(5) submit to the department of revenue the monthly statements and pay the
excise tax specified under AS 43.61.010 and AS 43.61.020 on all marijuana a limited marijuana
cultivation facility sells to the marijuana cultivation broker facility.
(b) A licensed marijuana cultivation broker facility may apply for a marijuana product
manufacturing facility license and a retail marijuana store license. A marijuana cultivation
broker facility that obtains any other marijuana establishment license shall
( 1) conduct any product manufacturing and retail marijuana store operation in a
room completely separated from the cultivation broker facility by a secure door; and
(2) comply with all regulations applicable to any other type of marijuana
establishment license that the cultivation broker facility obtain
(c) A licensed marijuana cultivation broker facility may not
( 1) do any act prohibited under 3 AAC 306.405( c );
(2) grow marijuana;
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(3) extract concentrate from marijuana unless the broker facility has obtained a
marijuana manufacturing facility license;
(4) sell marijuana that is not packaged and labeled in compliance with 3 AAC
306.465 -3 AAC 306.470; or
(5) sell marijuana that has not been reported to the department ofrevenue with
excise tax paid as required under AS 43.61.020. (Eff. _/_/_____,Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
AS 43.61.010 AS 43.61.020
3 AAC 306.420. Application for marijuana cultivation facility license. (a) An
applicant for a new standard marijuana cultivation facility license shall file an application on a
form the board prescribes including
(1) the information required under 3 AAC 306.020; and
(2) the proposed marijuana cultivation facility's operating plan, including, in
addition to the information required under 3 AAC 306.020(c):
(A) the size of the space intended to be under cultivation;
(B) the growing medium to be used;
(C) fertilizers, chemicals, gases and delivery systems, including C02
management, to be used;
(D) the irrigation and waste water systems to be used;
(E) waste disposal arrangements;
(F) odor control; and
(G) the testing procedure and protocols the marijuana cultivation facility
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will follow.
(b) An applicant for a limited marijuana cultivation facility license must submit
( 1) the information required for a new marijuana establishment license set out in
3 AAC 306.020, and (a)(2) of this section.
( c) An applicant for a marijuana cultivation broker facility license must submit
( 1) the information required for a new marijuana establishment license set out in
3 AAC 306.020 and
(2) in addition to the operating plan required in 3 AAC 306.020(c) a form of
agreement with a limited marijuana cultivation facility that the applicant intends to use to
(A) promise to submit the monthly reports and pay the excise tax
specified under AS 43.61.010 and AS 43.61.020 on all marijuana it purchases; and
(B) provide other services the marijuana cultivation broker facility offers
to a limited marijuana cultivation facility. (Eff. _I_ I______, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.425. Health and safety requirements. A marijuana cultivation facility
must comply with all applicable health and safety requirements set out in 3 AAC 306.730, and
the additional requirements set out in this section.
(b) A marijuana cultivation facility shall ensure that any licensee, employee, or agent
who is present at the marijuana cultivation facility and in contact with any marijuana
( 1) wears clean clothing appropriate for the duties that person performs;
(2) wears protective apparel, such as head, face, hand and arm coverings, as
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necessary to protect marijuana from contamination; and
(3) practices good sanitation and health habits. (Eff. _I_ I______, Register
_)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
3 AAC 306.430. Marijuana handler permit required. A marijuana cultivation facility
must ensure that
( 1) each licensee, employee, or agent obtains a marijuana handler permit as
provided in 3 AAC 306.715 before being licensed or employed at a marijuana cultivation
facility; and
(2) each licensee, employee, or agent has that person's marijuana handler permit
card in that person's immediate possession at all times when present on the marijuana cultivation
facility's licensed premises. (Eff. _I_ I______, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.435. Restricted access area. (a) A marijuana cultivation facility licensee
shall comply with 3 AAC 306.710 and shall conduct any operation in a restricted area as
provided in this section.
(b) A licensed marijuana cultivation facility shall conduct any marijuana growing
operation within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof,
and doors.
(c) A marijuana cultivation facility shall ensure that any marijuana at the cultivation
facility
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( 1) cannot be observed by the public from outside the cultivation facility; and
(2) does not emit an odor that is detectable by the public from outside the
cultivation facility.
( d) A marijuana cultivation facility shall have full video surveillance of the licensed
premises as required under 3 AAC 306.725, including any area where marijuana is grown,
processed, packaged, or stored, or where marijuana waste is destroyed. (Eff. _I_ I______,
Register_)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
3 AAC 306.440. Marijuana inventory tracking system. (a) A marijuana cultivation
facility shall use an inventory tracking system in compliance with 3 AAC 306. 760 to ensure all
marijuana propagated, grown, or cultivated on the marijuana cultivation facility's premises is
identified and tracked from the time the marijuana is propagated from seed, clones or cuttings,
through transfer to another licensed marijuana establishment or destruction. The marijuana
cultivation facility must give each plant over 8 inches tall a tracking number. When harvested,
bud and flowers, clones or cuttings, or leaves and trim may be combined in batches of distinct
strains, not exceeding five pounds; each harvest batch must be given a tracking number for
inventory control. Clones or cuttings are limited to batches ofup to 50 plants and identified by a
batch tracking number.
(b) A marijuana cultivation facility shall record in its inventory control system each sale
and transport of each batch, and shall generate a valid transport manifest to accompany each
transported batch.
( c) A marijuana cultivation facility shall record in its inventory control system record all
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marijuana used to provide a sample authorized under 3 AAC 306.460 for the purpose of
negotiating sales, including
(1) the amount of each sample;
(2) the retail marijuana store or marijuana product manufacturing facility that
received the sample; and
(3) the disposal of any sample returned to the marijuana cultivation facility.
(Eff. _I_ I___, Register_)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
3 AAC 306.445. Production of marijuana concentrate prohibited. (a) A marijuana
cultivation facility may not produce or possess marijuana concentrate on its licensed premises
unless the marijuana cultivation facility also has a current marijuana product manufacturing
facility license. Any extraction or production of marijuana concentrate on the premises of a
licensed marijuana cultivation facility shall
(I) be in a separate room that
(A) is physically separated by a secure door from any cultivation area;
and
(B) has a sign that clearly identifies the room as a marijuana concentrate
production area, and warns unauthorized persons to stay out; and
(2) comply with all applicable parts of 3 AAC 306.500 -3 AAC 306.570. (Eff.
_I_ I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
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3 AAC 306.450. Standards for cultivation and preparation. A marijuana cultivation
facility shall use certified scales in compliance with AS 45.75.080 and 3 AAC 306.740. (Eff.
_I_ I___, Register___)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070
AS 17.38.100
AS 17.38.084
AS 17.38.900
3 AAC 306.455. Required laboratory testing. (a) Except as provided in (d) of this
section, a marijuana cultivation facility shall provide samples of marijuana produced at the
facility to a marijuana testing facility, and may not sell or transport any marijuana until all
laboratory testing required by 3 AAC 306.645 has been completed.
(a) To comply with (a) of this section, a marijuana cultivation facility shall
( 1) collect a random, homogenous sample for testing by segregating harvested
marijuana into batches of individual strains of bud and flower, then selecting a random sample
from each batch in an amount required by the marijuana testing facility;
(2) designate an individual responsible for collecting each sample; that individual
shall
(A) prepare an affidavit showing that each sample has been randomly
selected for testing;
(B) provide the affidavit to the marijuana testing facility; and
(C) maintain a copy as a business record under 3 AAC 306. 755.
(3) transport the sample to the marijuana testing facility's licensed premises in
compliance with 3 AAC 306. 745.
(b) A marijuana cultivation facility shall segregate the entire batch from which the
testing sample was selected until the marijuana testing facility reports the results from its tests.
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During this period of segregation, the marijuana cultivation facility that provided the sample
shall maintain the batch in a secure, cool, and dry location to prevent the marijuana from
becoming contaminated or losing its efficacy. The facility that provided the sample may not sell
or transport any marijuana from the segregated batch until the marijuana testing facility has
completed its testing and analysis and provided those results, in writing, to the marijuana
cultivation facility that provided the sample. The marijuana cultivation facility shall maintain the
testing results as part of its business books and records.
( d) A limited marijuana cultivation facility may contract with a marijuana cultivation
broker facility to arrange the laboratory testing required in this section and transportation of
marijuana. A marijuana cultivation broker facility's contract to perform these services must be
in writing and must be maintained in the limited marijuana cultivation facility's business
records. (Eff. _I_ I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.460. Promotional samples. (a) A marijuana cultivation facility may
provide a free sample of marijuana to a retail marijuana store only if packaged in a sample jar
containing no more than 3 1/2 grams of marijuana and protected by a plastic or metal mesh
screen to allow customers to smell the product before purchase. A retail marijuana store that
receives marijuana in a sample jar may not sell the marijuana sample to a customer; and shall
either
( 1) return the marijuana sample to the cultivation facility that provided the
sample; or
(2) destroy the marijuana sample after use and document the destruction in its
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marijuana inventory control system.
(b) A marijuana cultivation facility may provide a free sample of marijuana to a
marijuana product manufacturing facility as follows:
( 1) a sample provided for the purpose of negotiating a sale may be no more than
two grams;
(2) a marijuana cultivation facility may not provide any one licensed marijuana
product manufacturing facility with more than four grams of marijuana per month free of charge
for the purpose of negotiating a sale. (Eff. _I_ I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.465. Random sampling. (a) The board or the director will 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 be screened for pesticides and chemical residues,
unsafe levels of metals, and used for other laboratory tests the director finds to be in the interests
of the public. The marijuana cultivation facility shall bear all costs of testing under this
subsection.
(b) When the board or the director orders random sampling under this section, the
director will identify a licensed marijuana testing facility to perform the testing. The marijuana
testing facility will collect the test samples; the marijuana cultivation facility shall cooperate to
facilitate the collection of samples. (Eff. _I_ I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
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3 AAC 306.470. Packaging of marijuana. (a) A licensed marijuana cultivation
facility, including a cultivation broker facility, shall package its marijuana bud and flower for
sale as follows:
(I) 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 marijuana store's
own identifying name or logo and license number; or
(B) in a wholesale package not exceeding five pounds for re -packaging
by the retail marijuana store; or
(2) to a marijuana product manufacturing facility in a wholesale package not
exceeding five pounds, consisting of a single strain or a mixture of strains as identified on the
label.
(b) When a licensed marijuana cultivation facility packages marijuana for a retail
marijuana store to sell to a consumer without re-packaging, the packaging must be designed or
constructed in compliance with 16 U.S.C.1700, the Poison Prevention Packaging Act, to be
significantly difficult for children under five years of age to open; but not normally difficult for
adults to use properly as defined by 16 C.F.R. 1700.20. The packaging may not have any printed
images, including cartoon characters, that specifically target individuals under the age of 21. In
addition, the packaging must
( 1) protect the product from contamination and must not impart any toxic or
damaging substance to the marijuana;
(2) be four mil or greater thickness plastic, heat sealed, and with no easy-open
comer, dimple or flap; marijuana product in liquid form may also be sealed using a metal crown
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product;
(3) be opaque so that the product cannot be seen without opening the packaging
material; and
(4) be resealable to childproof standards if the marijuana package contains
multiple servings or is intended for more than a single use.
( c) Each package prepared in compliance with this section must be identified by a
tracking tag or label generated for tracking by the marijuana cultivation facility's marijuana
inventory control system.
(d) A marijuana cultivation facility shall prepare marijuana for transport or transfer to
another marijuana establishment by
(1) placing marijuana packaged in compliance with (a) and (b) of this section
within a sealed, tamper-evident shipping container;
(2) affixing a label in compliance with 3 AAC 306.470 to the shipping container;
and
(3) generating a transport manifest from the marijuana cultivation facility's
marijuana inventory system; the transport manifest must remain with the marijuana at all times
while being transported, and a copy must be given to the licensed marijuana establishment that
receives the shipment. (Eff. _I_ I______, Register_)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070
AS 17.38.100
AS 17.38.084
AS 17.38.900
3 AAC 306.475. Labeling of marijuana. (a) With each harvest batch of marijuana
sold, a marijuana cultivation facility must disclose in writing
( 1) each soil amendment, fertilizer, and other crop production aid applied to the
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growing medium or marijuana plant included in the batch; and
(2) the name of the licensed marijuana testing facility that performed any
required laboratory test and the results of each required laboratory test.
(b) A marijuana cultivation facility may not label marijuana as organic unless permitted
by the United States Department of Agriculture in accordance with the Organic Foods
Production Act, 7 U.S.C. 6501.
( c) A marijuana cultivation facility shall affix a label containing the following
information to each package of marijuana sold to another marijuana establishment.
( 1) the name and license number of the marijuana cultivation facility where the
mar1Juana was grown;
(2) the harvest batch number assigned to the marijuana in the package;
(3) the net weight of the marijuana in the package, not including weight of the
shipping container, using a standard of measure compatible with the inventory tracking system;
and
(4) a complete list of all pesticides, fungicides, and herbicides used in cultivation
of the marijuana.
(d) Ifa marijuana cultivation facility transports wholesale marijuana to another
marijuana establishment for sale at retail or for use in manufacturing a marijuana product, then a
label must be affixed to the shipping container showing that a licensed marijuana testing facility
has tested each harvest batch in the shipment as provided in 3 AAC 306.645. The label must
report the test results, including the following information:
( 1) a cannabinoid potency profile expressed as a range of percentages that
extends from the lowest percentage to highest percentage of concentration for each cannabinoid
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listed from every test conducted on that strain of marijuana from the same marijuana cultivation
facility within the last three months;
(2) a statement listing any of the following contaminants for which the product
was tested:
(A) molds, mildew and filth;
(B) microbials;
( C) herbicides, pesticides, and fungicides;, and
(D) harmful chemicals.
( e) If a marijuana cultivation facility ships wholesale marijuana from a harvest batch that
has not been tested for each contaminant listed in ( d)(2) of this section, the label for that batch
must include a statement identifying each contaminant listed in (d)(2) of this section for which
that harvest batch has not been tested. (Eff. _I_ I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.480. Marijuana tax to be paid. (a) A standard marijuana cultivation
facility licensee shall submit monthly reports to the department ofrevenue and pay the excise tax
required under AS 43.61.010 and AS 43.61.020.
(b) A marijuana cultivation broker facility shall submit monthly reports to the
department of revenue and pay the excise tax required under AS 43.61.010 and AS 43.61.020 on
all marijuana it has obtained from a limited marijuana cultivation facility. The broker shall agree
to comply with this section in a written agreement with each limited marijuana cultivation
facility from which it purchases marijuana, and shall provide a copy of the monthly report
required under AS 43.61.020 to each limited marijuana cultivation facility from which it
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purchases marijuana. If a cultivation broker facility fails to pay the required tax, the limited
marijuana cultivation facility shall pay the required tax.
(c) When a marijuana cultivation facility, including a cultivation broker facility, sells or
distributes any marijuana to a retail marijuana store or a marijuana product manufacturing
facility, the marijuana cultivation facility or broker must provide verification of tax payment to
the purchaser. (Eff. _I_ I______, Register_)
Authority: AS 17.38.010 AS 17.38.030 AS 17.38.070
AS 17.38.084 AS 17.38.090 AS 17.38.100
AS 17.38.900 AS 43.61.010 AS 43.61.020
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Article 5. Marijuana Product Manufacturing Facilities.
Section
500. Marijuana product manufacturing facility license required
505. Marijuana product manufacturing facility privileges
510. Acts prohibited at marijuana product manufacturing facility
515. Marijuana extraction manufacturing facility license
520. Application for marijuana product manufacturing facility license
525. Health and safety standards
530. Marijuana handler permit and food safety worker training
535. Restricted access area and storage
540. Marijuana inventory tracking system
545. Approval of concentrates and marijuana products
550. Production of marijuana concentrate
555. Required laboratory testing
560. Potency limits per serving and transaction
565. Packaging of marijuana products
570. Labeling of marijuana products
3 AAC 306.500. Marijuana product manufacturing facility license required.
(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. The board
will issue
(1) a standard marijuana product manufacturing facility license; and
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(2) a marijuana concentrate manufacturing facility license.
(b) A person seeking any type of marijuana product manufacturing facility
license shall
( 1) submit an application for a license on a form the board prescribes,
including the information set out at 3 AAC 306.020 and 3 AAC 306.520; and
(2) demonstrate that it will operate in compliance with
(A) 3 AAC 306.500 -3 AAC 306.570 and
3 AAC 306-700-3 AAC 306.760; and
(B) all applicable public health, fire, and safety codes and
ordinances of the state and the municipality in which the applicant's proposed licensed
premises are located. (Eff. _/_I______, Register __J
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.505. Marijuana product manufacturing facility privileges. (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 including a
marijuana cultivation broker facility, or from another marijuana product manufacturing
facility;
(2) transport purchased marijuana from the source directly to the licensed
marijuana product manufacturing facility's own licensed premises, and transport
marijuana product from the licensed marijuana product manufacturing facility's licensed
premises to a retail marijuana store or to another licensed marijuana product
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manufacturing facility;
(3) extract marijuana concentrate in compliance with 3 AAC 306.545;
( 4) manufacture, refine, process, cook, package, label, and store approved
marijuana products, including
(A) marijuana concentrate; or
(B) any product intended for consumption or use on the body that
is comprised of marijuana and other ingredients, including edible products,
ointments, salves, patches, or tinctures;
(5) sell or distribute and deliver marijuana extract or any marijuana
product only to a licensed retail marijuana store or to another licensed marijuana product
manufacturing facility;
(6) provide and transport samples of marijuana concentrate or other
marijuana product to a certified marijuana testing lab for testing;
(7) provide samples of marijuana extract or a marijuana product approved
under 3 AAC 306.545 to a licensed retail marijuana store for the purpose of negotiating a
sale; and
(8) store inventory in a restricted access area on the licensed premises as
provided in 3 AAC 306.535. (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.510. Acts prohibited at marijuana product manufacturing
facility. (a) A licensed marijuana product manufacturing facility, including a licensed
extract -only marijuana product manufacturing facility, may not
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(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 product that is
not manufactured, packaged, and labeled in compliance with 3 AAC 306.500 -3 AAC
306.570;
(3) manufacture or sell any product that
(A) is an adulterated food or drink;
(B) is a marijuana product containing any food that requires
temperature-controlled storage to keep it safe for human consumption;
(C) closely resembles any familiar food or drink item including
candy; or
(D) is packaged to look like candy, or in bright colors or with
cartoon characters or other pictures or images that would appeal to children;
(4) allow any person to consume marijuana, marijuana concentrate, or a
marijuana product on its licensed premises; and
(5) operate in a location that is a retail or wholesale food establishment.
(b) in this section, "closely resembles" or "looks like" means the product or its
packaging has a shape, color, markings, or decorative patterns that are familiar to the
public from a widely distributed branded food product, so that the marijuana product
could easily be mistaken for that branded product, especially by children.
( c) A licensee of any marijuana product manufacturing facility, or an employee,
or agent of a marijuana product manufacturing facility, may not have an ownership
interest in, or direct or indirect financial interest in any licensed marijuana testing facility.
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(d) A marijuana product manufacturing facility may not receive any marijuana
from a marijuana cultivation facility or another marijuana product manufacturing facility
unless it receives a transport manifest showing the source and destination of the
marijuana, and all marijuana is properly identified with a tag or label generated in the
licensee's tracking system.
(e) A marijuana product manufacturing facility may not purchase or receive any
marijuana from a marijuana cultivation facility, or another marijuana product
manufacturing facility unless it receives evidence that tax due under AS 43.61.010 has
been paid. If a marijuana product manufacturing facility has marijuana on its premises
without a certificate showing the excise tax imposed under AS 43.61.0101 has been paid
on that marijuana, the marijuana product manufacturing facility is liable for payment of
the tax. (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
AS 43.61.010
3 AAC 306.515. Marijuana extraction manufacturing facility license. A
marijuana product manufacturing facility with an extraction only license has the
privileges set out in 3 AAC 306.505 except that it may not
( 1) manufacture, process, cook, package, label or store any marijuana
product other than marijuana concentrate;
(2) sell, distribute, or deliver any marijuana product other than marijuana
concentrate, to a retail marijuana store or to another marijuana product manufacturing
facility; or
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(3) provide and transport a sample of any marijuana product other than
marijuana concentrate to a licensed marijuana testing lab for testing. (Eff. _/_I____,
Register __J
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.520. Application for marijuana product manufacturing facility
license. An applicant for a marijuana product manufacturing facility license shall file an
application on a form the board prescribes, and provide all information required under 3
AAC 306.020 and the following:
(1) a copy of the food safety permit required under 18 AAC 31.020(a);
(2) a diagram of the proposed licensed premises required in 3 AAC
306.020, identifying the area where
(A) in-house testing, if any, will occur; and
(B) marijuana and any marijuana product, including marijuana
concentrate, will be stored;
(3) in the applicant's operating plan required under 3 AAC 306.020(c), a
description of
(A) the equipment and solvents, gases, chemicals, and other
compounds used to create concentrates and the processes to be used;
(B) each marijuana product the applicant intends to process at this
location; the product description must include the color, shape, texture,
ingredients and standard production procedure to be used;
(C) the packaging to be used for each type of product; and
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(D) sample labels showing how the labeling information required
in 3 AAC 306.570 will be set out. (Eff. _/_I____, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.525. Health and safety standards. (a) A marijuana product
manufacturing facility shall comply with the health and safety standards set out in
3 AAC 306.730, the Alaska Food Safety Code, 18 AAC 31, if applicable, and any local
kitchen related health and safety standards for retail food establishments.
(b) In addition to inspection by the director or an employee of the board, a
marijuana product manufacturing facility is subject to inspection by local safety officials,
including a local fire department, building inspector, or code enforcement officer. (Eff.
_/_I____, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.530. Marijuana handler permit and food safety worker training.
(a) A marijuana product manufacturing facility shall ensure that
(1) each licensee, employee, or agent obtains a marijuana handler permit
as provided in 3 AAC 306.715 before being licensed or employed at a marijuana product
manufacturing facility; and keeps that card in that person's immediate possession when
on the licensed premises of the marijuana product manufacturing facility.
(b) Any licensee, employee or agent who handles marijuana at a licensed
marijuana product manufacturing facility shall obtain a food safety worker card in
compliance with AS 18.31.330, and keep that card in that person's possession at all times
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while on the licensed premises of the marijuana product manufacturing facility. (Eff.
_/_I____, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.535. Restricted access and storage areas. (a) A marijuana product
manufacturing facility shall conduct any extraction or product manufacturing operation in
a restricted area in compliance with 3 AAC 306.710.
(b) A marijuana product manufacturing facility shall have full video surveillance
of the licensed premises as provided in 3 AAC 306.725, including any area where
( 1) marijuana concentrate is produced;
(2) any operation involved in manufacturing any product containing
mar1Juana occurs,
(3) marijuana or a marijuana product is stored or stockpiled; or
( 4) marijuana waste is destroyed.
( c) Any area where marijuana or a marijuana product is stored shall be moisture
and temperature controlled and protected from pests and vermin. (Eff. _/_I____,
Register___)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
3 AAC 306.540. Marijuana inventory tracking system. (a) A marijuana
product manufacturing facility shall use an inventory tracking system as provided in 3
AAC 306. 760 to ensure all marijuana and marijuana product in the product
manufacturing facility's possession is identified and tracked from the time the marijuana
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product manufacturing facility receives any marijuana or marijuana product through the
sale or transfer to another licensed marijuana establishment, or disposal of the marijuana
or marijuana product.
(b) When marijuana from a marijuana cultivation facility or marijuana product
from another marijuana product manufacturing facility is delivered or transported to the
licensed premises of a marijuana product manufacturing facility, the marijuana product
manufacturing facility shall immediately enter tracking information for that marijuana or
marijuana product into the inventory tracking system. A marijuana product
manufacturing facility may not accept any marijuana or marijuana product that does not
have a valid transport manifest generated from the inventory tracking system.
( c) A marijuana product manufacturing facility shall track received marijuana to
its use in a marijuana product, and shall reconcile each transaction to its inventory
tracking system at the close of business each day.
( d) A marijuana product manufacturing facility shall account for any variance in
the quantity of marijuana or marijuana product the facility received and the quantity the
facility sold, transferred or disposed of. (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.545. Approval of concentrates and marijuana products. (a) A
marijuana product manufacturing facility, including a marijuana extraction
manufacturing facility, must obtain the board's approval for each product it manufactures
and sells. The board will not approve any marijuana concentrate or product with THC
potency equal to or greater than 76 percent.
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(b) A marijuana product manufacturing facility may request the board's approval
of its intended products with a new license application by including a list of those
products, along with a photograph, drawing, or graphic representation of the expected
appearance of the final product. the applicant's proposed standard production procedure
and detailed manufacturing process for each product shall be included in the operating
plan filed with its license application.
( c) When a licensed marijuana product manufacturing facility wishes to add a
new product to its line of marijuana products, the marijuana product facility must submit
a new product approval request to the board on a form the board prescribes, along with a
fee of $250. The board will not approve any product that is prohibited under 3 AAC
306.510(a)(3).
(d) A licensed marijuana product manufacturing facility shall keep its ingredient
list and potency limits for any food product containing marijuana on file at the marijuana
product manufacturing facility's licensed premises. The ingredient list and potency limits
for any product manufactured at the facility shall be made available for inspection by the
the director or an employee of the board (Eff. _I_ I_, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.550. Production of marijuana concentrate. (a) Before producing
any marijuana concentrate for sale, a marijuana product manufacturing facility shall
develop standard operating procedures, good manufacturing practices, and a training plan
for each individual employed in an extraction process.
(b) A marijuana product manufacturing facility may create marijuana concentrates
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only as follows:
(1) water-based marijuana concentrate may be produced by extracting
cannabinoids from marijuana by using only water, ice or dry ice;
(2) food-based marijuana concentrate may be produced by extracting
cannabinoids from marijuana through the use of propylene glycol, glycerin, butter, olive
oil, or other typical cooking fats; infused dairy butter and oils or fats derived from natural
sources may be used to prepare infused edible products, but they may not be prepared as
stand-alone edible products for sale;
(3) solvent-based marijuana concentrate may be produced using the
hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases the
board approves that exhibit low to minimal potential human health-related toxicity;
approved solvents must be of at least ninety-nine percent purity and must be used
(A) in a professional grade closed loop extraction system designed
to recover the solvents;
(B) in an environment with proper ventilation, and
( C) with control of all sources of ignition if a flammable
atmosphere is or may be present.
( c) A marijuana product manufacturing facility using a professional grade closed
loop gas extraction system must assure that
(1) every vessel is rated to a minimum of six hundred pounds per square
inch;
(2) any C02 used is of at least ninety-nine percent purity;
(3) any person using solvents or gases to create marijuana concentrates in
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the closed looped system must be fully trained on how to use the system, have direct
access to applicable material safety data sheets, and handle and store the solvents and
gases safely;
(4) a licensed engineer must certify that the professional grade closed
loop system was commercially manufactured, is safe for its intended use, and is built to
codes of recognized and generally accepted engineering practices, including those
adopted by:
(A) The American Society of Mechanical Engineers (ASME);
(B) American National Standards Institute (ANSI);
(C) Underwriters Laboratories (UL); or
(D) The American Society for Testing and Materials (ASTM);
(5) any professional grade closed loop system, and other equipment and
facilities used in the extraction process must be approved for their use by the local fire
code official and must meet any required frre, safety, and building code requirements
specified in:
(A) National Fire Protection Association (NFPA) standards;
(B) International Building Code (IBC);
(C) International Fire Code (IFC); and
(D) Other applicable standards including following all applicable
fire, safety, and building codes in processing and the handling and storage of the
solvent or gas.
( d) A marijuana product manufacturing facility may use heat, screens, presses,
steam distillation, ice water, and other methods without employing solvents or gases to
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create kief, hashish, bubble hash, or infused dairy butter, or oils or fats derived from
natural sources, and other extracts.
(e) A marijuana product manufacturing facility may use food grade glycerin,
ethanol, and propylene glycol solvents to create extracts. All ethanol must be removed
from the extract in a manner to recapture the solvent and ensure that it is not vented into
the atmosphere. (Eff. _/_I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.555. Required laboratory testing. (a) A marijuana product
manufacturing facility shall provide a sample of each marijuana product manufactured at
the facility to a marijuana testing facility, and may not sell or transport any marijuana
product until all laboratory testing required by 3 AAC 306.645 has been completed.
(b) To comply with (a) of this section, a marijuana product manufacturing facility
shall
(1) collect a random sample for testing by selecting a product from each
production lot in an amount required by the marijuana testing facility;
(2) designate an individual responsible for collecting each sample; that
individual shall
(A) prepare an affidavit showing that each sample has been
randomly selected for testing;
(B) provide the affidavit to the marijuana testing facility; and
(C) maintain a copy as a business record under 3 AAC 306.755,
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and
(3) transport the sample to the marijuana testing facility's licensed
premises in compliance with 3 AAC 306.745.
( c) A marijuana product manufacturing facility shall segregate the entire
production lot from which the testing sample was selected until the marijuana testing
facility reports the results from its tests. During this period of segregation, the marijuana
product manufacturing facility that provided the sample shall maintain the lot in a secure,
cool, and dry location to prevent the marijuana product from becoming contaminated or
losing its efficacy. The facility that provided the sample may not sell or transport any
marijuana product from the segregated lot until the marijuana testing facility has
completed its testing and analysis and provided those results, in writing, to the marijuana
product manufacturing facility that provided the sample. The marijuana product
manufacturing facility shall maintain the testing results as part of its business books and
records (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.560. Potency limits per serving and transaction. (a) A marijuana
product manufacturing facility may not prepare any product with potency levels
exceeding the following, as tested in compliance with 3 AAC 306.6_:
(1) for a single serving of marijuana product, five milligrams active
tetrahydrocannabinol (TIIC) or Delta 9;
(2) in a single packaged unit of marijuana product to be eaten or
swallowed, not more than ten servings, or fifty milligrams of active TIIC or Delta 9; the
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TIIC content must be homogenous, or evenly distributed throughout the marijuana
infused product;
(3) for a single unit of marijuana concentrate maximum of one gram.
(Eff. _/_I_____, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.565. Packaging of marijuana products. (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 marijuana product produced by a marijuana
product manufacturing facility must be designed or constructed in compliance with 16
U.S.C.1700, the Poison Prevention Packaging Act, to be significantly difficult for
children under five years of age to open; but not normally difficult for adults to use
properly as defined by 16 C.F.R. 1700.20;, and may not have any printed images,
including cartoon characters, that specifically target individuals under the age of 21. In
addition, the packaging must
(1) protect the product from contamination and must not impart any toxic
or damaging substance to the product;
(2) must be four mil or greater thickness plastic, heat sealed and with no
easy-open comer, dimple or flap; marijuana product in liquid form may also be sealed
using a metal crown product;
(3) must be opaque so that the product cannot be seen without opening the
packaging material; and
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(4) if the marijuana package contains multiple servings or is intended for
more than a single use, the packaging must be resealable to childproof standards in
compliance with 16 U.S.C.1700.
( c) Each package prepared in compliance with this section must be identified by a
tracking tag generated by the marijuana product manufacturing facility's marijuana
inventory control system.
(d) A licensed marijuana product manufacturing facility shall prepare marijuana
products for transfer to another marijuana establishment by
(1) placing marijuana packaged in compliance with (a) of this section
within a sealed, tamper-evident shipping container;
(2) affixing a label in compliance with 3 AAC 306.470 to the shipping
container; and
(3) generating a transport manifest from the marijuana product
manufacturing facility's marijuana inventory system; the transport manifest must remain
with the marijuana products at all times while being transported, and a copy must be
given to the licensed marijuana establishment that receives the shipment. (Eff. _/_
I___, Register___)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
3 AAC 306.570. Labeling of marijuana products. (a) With each production lot
of marijuana product sold, a marijuana product manufacturing facility must disclose in
writing the name of the licensed marijuana testing facility that performed any required
required test and the results of each required required test.
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(b) A marijuana product may not be labeled as organic unless permitted by the
United States Department of Agriculture in accordance with the Organic Foods
Production Act, 7 U.S.C.6501.
( c) A marijuana cultivation facility shall affix a label containing the following
information to each package of marijuana product sold to a retail store for resale to a
consumer:
(1) the name and license number of the marijuana product manufacturing
facility where the marijuana product was prepared;
(2) the production lot number assigned to the product in the package;
(3) the net weight of the product in the package, not including weight of
packaging, using a standard of measure compatible with the inventory tracking system.
(e) A marijuana product manufacturing facility transporting wholesale marijuana
product to a retail marijuana store shall affix a label to the shipping container showing
that a licensed marijuana testing facility has tested each lot of marijuana product in the
shipment and giving the test results, including the following information:
(1) a cannabinoid potency profile expressed as a range of percentages that
extends from the lowest percentage to highest percentage of concentration for each
cannabinoid listed from every test conducted on that production lot from the same
marijuana product manufacturing facility within the last three months;
(2) a statement listing any of the following contaminants for which the
product was tested:
(A) molds, mildew and filth;
(B) microbials;
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(C) herbicides, pesticides, and fungicides, and
(D) harmful chemicals.
( e) If a marijuana product manufacturing facility ships wholesale marijuana
products from a lot of marijuana product that has not been tested for each contaminant
listed in (d)(2) of this section, the label for that lot must include a statement identifying
each contaminant listed in (d)(2) of this section for which that harvest batch has not been
tested. (Eff. _/_I______, Register __J
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
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Article 6. Marijuana Testing Facilities.
Section
600. Applicability
605. Marijuana testing facility license required
610. Marijuana testing facilities: privileges and prohibitions
615. Application for marijuana testing facility license
620. Approval of testing facility
625. Proficiency testing program
630. Scientific director
635. Testing methodologies
640. Standard operating procedure manual
645. Laboratory testing of marijuana and marijuana products
650. Chain of custody
655. Marijuana inventory tracking system
660. Failed materials, retests
665. Supplemental marijuana quality testing
670. Reporting, verification
675. Records retention
3 AAC 306.600. Applicability. (a) The provisions of 3 AAC 306.600 -3 AAC
306.675 apply to any person offering any service testing, analyzing, or certifying potency,
moisture content, pesticide or solvent residue, mold, mildew, bacteria, or other contaminant in
marijuana or any marijuana product to any other person including a marijuana establishment or
any member of the public, whether for compensation or not, as a independent or third party
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testing facility.
(b) The provisions of 3 AAC 306.600 -3 AAC 306.675 do not apply to any licensed
marijuana establishment that controls marijuana testing equipment used solely for its own in-
house testing of its cultivated crop, of products produced or manufactured at its own facility, or
ofretail products placed or offered for sale in its marijuana retail store. (Eff. _/_I____,
Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.605. Marijuana testing facility license required. (a) A person may not
offer or provide any marijuana testing service or test results unless the person has obtained a
marijuana testing facility license from the board in compliance with this chapter.
(b) A person seeking a marijuana testing facility license shall
( 1) submit an application for a marijuana testing facility license on a form the
board prescribes, including the information set out at 3 AAC 306.020 and 3 AAC 306.615; and
(2) demonstrate to the board's satisfaction that the applicant
(A) does not hold any marijuana establishment license in Alaska other
than a testing facility license, or have any financial interest in common with any person who is a
licensee of a marijuana establishment in Alaska other than a testing facility license; a person who
is a licensee, employee, or agent of a licensed marijuana testing facility may not hold any other
marijuana establishment license in the state;
(B) will operate in compliance with 3 AAC 306.600 -3 AAC 306.675,
and 3 AAC 306.700-3 AAC 306.760; and
(C) meets the board's standards for approval as set out in 3 AAC 306.620
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-3 AAC 306.625. (Eff. _/_/__,Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.610. Marijuana testing facilities: privileges and prohibitions. (a) A
licensed marijuana testing facility may have any amount of marijuana and marijuana product on
its premises at any given time so long as the testing facility's marijuana inventory tracking
system and other records document that all marijuana and marijuana products are on the
premises only for the testing purposes described in 3 AAC 306.600 -3 AAC 3306.675.
(b) A licensed marijuana testing facility may not
( 1) have any licensee, employee, or agent that holds any type of marijuana
establishment license other than a marijuana testing facility license issued under this chapter;
(2) sell, distribute, or transfer any marijuana or marijuana product to a consumer,
with or without compensation; or
(3) allow any person to consume marijuana or marijuana product on its licensed
premises. (Eff. _I_ I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.615. Application for marijuana testing facility license. An applicant for a
new marijuana testing facility license shall file an application on a form the board prescribes,
including
(1) the information required under 3 AAC 306.020; and
(2) the proposed marijuana testing facility's operating plan, including, in addition
to the information required under 3 AAC 306.020(c), the following:
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(A) each test the marijuana testing facility will offer;
(B) the facility's standard operating procedure for each test the facility
will offer; and
(C) the acceptable range of results for each test the facility will offer.
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070
AS 17.38.100
AS 17.38.084
AS 17.38.900
3 AAC 306.620. Approval of testing facility. (a) A person seeking a marijuana testing
facility license must first obtain approval by the board or the board's contractor by showing
competence to perform each test the licensee will offer as an independent third party testing
facility, including
(1) TIIC, TIICA, CBD, CBDA and CBN potency;
(2) harmful microbials including E. coli or salmonella;
(3) residual solvents;
( 4) poisons or toxins;
( 5) harmful chemicals;
( 6) dangerous molds, mildew or filth;
(7) pesticides.
(b) In evaluating whether a person will be approved under this section, the board or its
contractor may
(1) conduct an on-site inspection of the applicant's premises;
(2) require the applicant to demonstrate proficiency in testing: and
(3) examine compliance with any applicable requirement of 3 AAC 306.635 -
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3AAC 306.675, and 3 AAC 306.700-3AAC 306.760, including
(A) qualifications of personnel;
(B) standard operating procedure for each testing methodology the facility
will use;
(C) proficiency testing results;
(D) quality control and quality assurance;
(E) security;
(F) chain of custody;
(G) specimen retention;
(H) space;
(I) records: and
(J) reporting ofresults.
( c) In this section, "approval" means the board or its contractor has examined the
qualifications and procedures of the marijuana testing facility license applicant and found them
generally in compliance with good laboratory practices; "approval" does not mean the board
guarantees that the testing facility can or will protect the public from all potential hazards of
marijuana including microbials, poisons or toxins, residual solvents or pesticides, or other
contaminants.
(Eff. _/_I______, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.625. Proficiency testing program. (a) When an accredited proficiency
testing program becomes available in the state, the board may require an applicant for a
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marijuana testing facility license to participate successfully in a proficiency testing program
within 12 months before receiving a license. The proficiency testing program must require a
participating testing facility to analyze test samples using the same procedures with the same
number of replicate analyses, standards, testing analysts and equipment as used for product
testing. Successful participation means the positive identification of 80 percent of the target
analytes that the testing facility reports, and must include quantitative results when applicable.
Any false positive results reported will be considered an unsatisfactory score for the proficiency
test.
(b) Before renewing the license of a marijuana testing laboratory, the board may require
the facility to participate in a proficiency program with documentation of continued performance
satisfactory to the board. The license of a marijuana testing facility may be limited, suspended,
or revoked if the facility fails to participate and receive a passing score in a proficiency testing
program.
( c) The scientific director and each testing analyst of an applicant for a marijuana testing
facility license and each licensed marijuana testing facility that participated in a proficiency test
shall sign a corresponding attestation statement. The scientific director must review and evaluate
each proficiency test result.
( d) An applicant for a marijuana testing facility license, and a licensed marijuana testing
facility participating in the proficiency testing program shall take and document remedial action
when the applicant or the facility meets the standards of (a) of this section, but scores less than
100 percent in a proficiency test. "Remedial action" means the marijuana testing facility's
scientific director shall, at a minimum, review all samples tested and results reported since the
marijuana testing facility's last successful proficiency test. (Eff. _I_ I___, Register_)
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Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.630. Scientific director. (a) A marijuana testing facility must employ a
scientific director who must be responsible for
( 1) overseeing and directing the lab's scientific methods;
(2) ensuring that the laboratory achieves and maintains quality standards of
practice; and
(3) supervising all staff of the laboratory.
(b) The scientific director ofa marijuana testing facility must have the following
qualifications:
(1) a doctorate degree in chemical or biological sciences from an accredited
college or university and have at least 2 years of post-degree laboratory experience;
(2) a master's degree in chemical or biological sciences from an accredited
college or university and have at least 4 years of post-degree laboratory experience; or
(3) a bachelor's degree in chemical or biological sciences from an accredited
college or university and have at least 6 years of post-degree laboratory experience. (Eff.
_/_I____, Register___)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
3 AAC 306.635. Testing methodologies. (a) An applicant for a marijuana testing
facility license and a licensed marijuana testing facility shall
(1) use the following materials, which are hereby adopted by reference, as
guidelines or references for testing methodologies:
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(A) Cannabis Inflorescence: Standards of Identity, Analysis, and Quality
Control, Revision 2014 published by the American Herbal Pharmacopoeia; and
(B) UNODC: Recommended methods for the identification and analysis
of cannabis and cannabis products, United Nations 2009.
(2) notify the board of any alternative scientifically valid testing methodology the
facility proposes to use for each laboratory test it conducts; the board may require third-party
validation of any monograph, peer reviewed scientific journal article, or analytical method the
marijuana testing facility proposes to follow to ensure the methodology produces comparable
and accurate results.
(b) An applicant for a marijuana testing facility license and a marijuana testing facility
licensee shall be familiar with, and to the extent possible, integrate into their operations the good
laboratory practices as documented by the following materials, hereby adopted by reference
(1) FDA in 21 CFR 58 -Good Laboratory Practice For Nonclinical Laboratory
Studies; and
(2) OECD Principles of Good Laboratory Practice and Compliance Monitoring
published by the Organization for Economic Co-operation and Development (OECD).
( c) The board or the board's contractor may inspect the practices, procedures, and
programs adopted, followed, and maintained by the applicant or the licensed marijuana testing
facility; and may examine all records of the applicant or the licensed marijuana testing facility
that are related to the inspection. The board may require an applicant or a licensed marijuana
testing facility to have an independent third-party inspect and monitor laboratory operations to
assess testing competency and the facility's compliance with its quality program. The board may
require random validation of a marijuana testing facility's execution of all testing methodologies
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the facility uses. The marijuana testing facility must pay all costs of validation. (Eff. _/_
I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
Editor's note: The Cannabis Inflorescence: Standards of Identity, Analysis, and Quality
Control, Revision 2014, published by the American Herbal Pharmacopoeia may be obtained
from the American Herbal Pharmacopoeia, P.O. Box 66809, Scotts Valley, California 95067, or
at the Internet address http://www.herbal-ahp.org/
UNODC: Recommended methods for the identification and analysis of cannabis and
cannabis products, United Nations 2009 is available at the internet address
https://www.unodc.org/documents/scientific/ST-NAR-40-Ebook.pdf
21 CFR 58 -Good Laboratory Practice For Nonclinical Laboratory Studies is available at
the internet address
http://www.gpo.gov/fdsys/pkg/CFR-2011-title21-voll/pdf/CFR-2011-title21-voll-part58.pdf
The OECD Principles of Good Laboratory Practice and Compliance Monitoring
published by the Organisation for Economic Co-operation and Development A copy of that
publication may be obtained free of charge from the Organisation for Economic Co-operation
and Development at the Internet
address http://www.oecd.org/env /ehs/testing/oecdseriesonprinciplesofgoodlaboratorypracticeglp
andcompliancemonitoring.htm
3 AAC 306.640. Standard operating procedure manual. (a) An applicant for a
marijuana testing facility license and a licensed marijuana testing facility must have a written
procedures manual with detailed instructions explaining how to perform each testing method the
applicant or marijuana testing facility uses, and minimum standards for each test. The written
procedures manual must be available to each employee of the marijuana testing facility at all
times. A standard operating procedures manual must cover at least the following procedures:
( 1) sample preparation;
(2) reagent, solution, and reference standard preparation;
(3) instrument setup, where applicable;
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(4) standardization of volumetric reagent solutions, as applicable;
( 5) data acquisition; and
( 6) calculation ofresults.
(b) The scientific director of a licensed marijuana testing facility shall approve, sign, and
date each standard operating procedure, and each revision to any standard operating procedure.
(Eff. _I_ I____, Register_)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070
AS 17.38.100
AS 17.38.084
AS 17.38.900
3 AAC 306.645. Laboratory Testing of Marijuana and Marijuana Products. (a)
Each licensed marijuana testing facility must use the general body of required laboratory tests for
marijuana plant material, any extract or concentrate of marijuana, and any edible marijuana
products as listed in the tables in this section. Required tests may include potency analysis,
moisture content, foreign matter inspection, microbial screening, pesticide and other chemical
residue and metals screening and residual solvents levels. A marijuana testing facility shall
establish a schedule of fees and sample size required for each test it offers.
(b) The tests required for each marijuana type or marijuana product, are as follows:
(1) potency testing is required on all marijuana dried flower, plant concentrate,
marijuana extracts and edible marijuana products, and is subject to the following rules:
(A) required cannabinoid potency test must at least determine the
concentration of THC, THCA, CBD, CBDA and CBN cannabinoids; a marijuana testing
facility may test and report results for any additional cannabinoid provided the test is
conducted in compliance with a validated method;
(B) a marijuana testing facility shall report potency test results as follows:
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(i) for a potency test on marijuana and marijuana concentrate, by
listing for each required cannabinoid a single percentage concentration that
represents an average of all samples within the test batch; alternatively, the sum of
TIIC + TIICA may be reported as total TIIC; the sum of CBD + CBDA may be
reported as total CBD;
(ii) for a potency test on a marijuana product, whether conducted
on each individual production lot or using process validation, by listing for each
cannabinoid the total number of milligrams contained within a single retail
marijuana product unit for sale; and
(iii) for testing whether the TIIC content is homogenous, the TIIC
content of each single serving in a multi-unit package must be reported, and must
be within 20% of the manufacturer's target; for example, in a 25 mg total TIIC
package with 5 servings, each serving must contain between 4 and 6 mg ofTIIC;
(C) edible marijuana products will be considered to have failed potency
testing if:
(i) an individually packaged edible retail marijuana product
contained within a test lot is determined to have more than 50 mg ofTIIC within
it, then the test batch is considered to have failed potency testing;
(ii) if the TIIC content ofan edible marijuana product is not
homogenous, then it is considered to have failed potency testing;
(2) microbial testing for the listed substances on the listed marijuana products is
required as follows:
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Substance AcceDtable Limits Per Gram Product to be Tested
-Shiga-toxin producing < 1 Colony Forming Unit Flower; Retail Marijuana
Escherichia coli (STEC)*-(CFU/g) Products; Water-and Food-
Bacteria Based Concentrates
Salmonella species• -< 1 Colony Forming Unit
Bacteria (CFU/a\
Aspergillus fumigatus, < 1 Colony Forming Unit
Aspergillus flavus, Aspergillus (CFU/g)
nicer -Funaus
(3) testing for the listed residual solvents and metals on the listed marijuana
products is required as follows:
Substance AcceDtable Limits Per Gram Product to be Tested
Butanes < 800 Parts Per Million (PPM) Solvent-Based Concentrates
Heptanes < 500 Parts Per Million (PPM)
Benzene•• < 1 Parts Per Million (PPM)
Taluene•• < 1 Parts Per Millian (PPM)
Hexane** < 10 Parts Per Million (PPM)
Total Xylenes (m,p, o-< 1 Parts Per Million (PPM)
xvlenesl**
Any solvent not permitted far None Detected
use oursuant ta Rule R 605.
(Eff. _/_I_____, Register___)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.650. Chain of custody. A marijuana testing facility must 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 seals utilized
to prevent contamination of, or tampering with, the sample;
(3) documenting the condition and amount of sample provided at the time the
sample is received at the facility;
(4) documenting each person handling the original samples, aliquots, and
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extracts;
( 5) documenting any transfer of samples, aliquots, and extracts to another
marijuana testing facility for additional testing or at the request of the marijuana cultivation
facility or marijuana product manufacturer that provided the testing sample;
( 6) maintaining a current list of authorized personnel and restricting entry to the
facility to those authorized persons;
(7) securing the facility during non-working hours;
(8) securing short-term and long-term storage areas when not in use;
(9) using a secured area to log in and aliquot samples;
( 10) ensuring samples are stored appropriately; and
( 11) documenting the disposal of samples, aliquots, and extracts. (Eff. _/_
I_, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.655. Marijuana inventory tracking system. (a) A marijuana testing
facility shall use an inventory tracking system as provided in 3 AAC 306. 760 to ensure all
marijuana transported to the marijuana testing facility's premises is identified and tracked from
the time the marijuana arrives at the testing facility to the use and destruction of the marijuana in
testing, or return of the sample to the marijuana establishment that provided the sample, or
disposal in compliance with 3 AAC 306.735.
(b) When a marijuana testing facility completes any testing, use, or research, it shall
immediately return or dispose of any sample received under this section. If a marijuana testing
facility disposes of a sample received under this section, the testing facility shall document the
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disposal of the sample using its inventory control system.
(Eff. _I_ I___, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.660. Failed materials, retests. (a) !fa sample tested by a marijuana testing
facility does not pass the required tests based on the standards set out in 3 AAC 306.645, the
facility that provided the sample shall
( 1) dispose of the entire harvest batch or production lot from which the sample
was taken; and
(2) document the disposal of the sample using its marijuana inventory control
system.
(b) If a sample of marijuana fails a required test, any marijuana plant trim, leaf and other
usable material from the same plants automatically fails the required test. The board may
approve a request to allow a batch of marijuana that fails a required test to be used to make a
C02 or solvent-based extract. After processing, the C02 or solvent-based extract must pass all
required tests.
(c) If a marijuana cultivation facility or a marijuana product manufacturing facility
petitions for a re-test of marijuana or a marijuana product that failed a required test, the board
may authorize a retest to validate the test results. The marijuana cultivation facility or a
marijuana product manufacturing facility must pay all costs of a retest. (Eff. _/_I___,
Register_)
Authority: AS 17.38.010
AS 17.38.090
AS 17.38.070 AS 17.38.084
AS 17.38.100 AS 17.38.900
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3 AAC 306.665. Supplemental marijuana quality testing. (a) The board may at any
time determine that the interests of the public require random supplemental testing of marijuana
or a marijuana product. When the board requires random supplemental marijuana testing, the
board will direct the marijuana cultivation facility that produced the marijuana, or the marijuana
product manufacturing facility that manufactured the product to submit a specified sample,
batch, or packaged product to a designated marijuana testing facility. The material must be
packaged in a manner that ensures the testing facility will be able to confirm that it has received
and is testing the correct supplemental sample.
(b) When a marijuana testing facility receives a sample for supplemental laboratory
testing under this section, the marijuana testing facility shall
( 1) perform any required laboratory test the board requests; and
(2) report its results to the board and the facility that provided the sample.
( c) A marijuana testing facility that conducts laboratory testing under this section shall
bill all costs directly to the marijuana cultivation facility or the marijuana product manufacturing
facility that provided the samples for testing. (Eff. _/_I______, Register __J
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.670. Reporting, verification. ( a) A marijuana testing facility must report
the result of each required laboratory test directly into its marijuana inventory control system
within twenty-four hours after the test is completed. A marijuana testing facility must provide
the final report
( 1) to the facility that submitted the sample in a timely manner; and
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(2) to the board within 72 hours when results of tested samples exceed maximum
levels of allowable contamination.
(b) A marijuana testing facility shall establish procedures to ensure that reported results
are accurate, precise and scientifically valid. To ensure reported results are valid, a marijuana
testing facility must include in all final reports :
( 1) the name and location of the marijuana testing facility;
(2) the unique sample identifier assigned by the testing facility;
(3) submitting client;
(4) the sample identifier(s) provide by the client;
( 5) sample received date;
( 6) Chain of Custody identifier;
(7) date of report;
(8) type of product tested;
(9) test results;
(10) units of measure; and
( 11) any other information or qualifiers needed for interpretation when applicable
to the test method and results being reported, including any identified and documented
discrepancy. (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.675. Records retention. A marijuana testing facility shall maintain the
records required under 3 AAC 306. 755 for the period of time specified in that section. The
books and records required under 3 AAC3-6/755(a)(l) include:
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( 1) test results;
(2) quality control and quality assurance records;
(3) standard operating procedures;
( 4) chain of custody records;
( 5) proficiency testing records; and
( 6) analytical data to include printouts generated by the instrumentation;
(7) accession numbers;
(8) specimen type;
(9) raw data of calibration standards and curves, controls and subject results;
( 10) final and amended reports;
( 11) acceptable reference range parameters;
(12) identity of analyst; and
(13) date of analysis. (Eff. _/_/___,Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
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Article 8. Enforcement and Civil Penalties.
Section
800. Inspection and investigation
805. Notice of violation
810. Suspension and revocation oflicense
815. Suspension and revocation based on act of employee
820. Procedure for action on license suspension or revocation
825. Summary suspension to protect public health, safety, and welfare.
830. Seizure of marijuana or marijuana product
835. Hearing
840. Civil fines
845. Appeal
850. Surrender or destruction oflicense
3 AAC 306.800. Inspection and investigation. (a) The director, an enforcement agent
or employee of the board, or a peace officer acting in an official capacity, may
( 1) inspect the licensed premises of any marijuana establishment, including all
marijuana and marijuana products on the premises, equipment used in cultivating, processing,
testing, or storing marijuana, the marijuana establishment's inventory tracking system, business
records, and computers, at any reasonable time and in a reasonable manner;
(2) issue a notice of violation; and
(3) exercise peace officer powers and take any other action the director
determines is necessary, as authorized in AS 17.38.085.
(b) A licensee shall cooperate with the director, an enforcement agent or employee of the
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board, or a peace officer acting in an official capacity to enforce the laws related to marijuana,
including
( 1) permitting entry upon and inspection of the licensed premises; and
(2) providing access to business records at reasonable times upon request of the
director, an enforcement agent or employee of the board, or a peace officer. (E:ff. _/_I______,
Register_)
Authority: AS 17.38.010
AS 17.38.085
AS 17.38.100
AS 17.38.070
AS 17.38.087
AS 17.38.900
AS 17.38.084
AS 17.38.090
3 AAC 306.805. Notices of violation. (a) The director, an enforcement agent or
employee of the board, or a peace officer acting in an official capacity may issue an inspection
report, an advisory report or a notice of violation before taking action to suspend or revoke a
marijuana establishment license.
(b) An inspection report documents an investigator's inspection of a licensed premises.
An inspection report must be prepared on a form the board prescribes and include information
prescribed by statute, regulation, or the board.
(c) The director, an enforcement agent or employee of the board, or a peace officer may
issue an advisory notice when an incident occurs or a defect is noted that could result in a
violation of a statute, regulation or municipal ordinance. An advisory notice may result from an
inspection report, but is not a basis for administrative action unless the incident or defect
continues or is not corrected.
(d) The director, an enforcement agent or employee of the board, or a peace officer may
issue a notice of violation when an inspection report or other credible information shows a
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marijuana establishment is in violation of marijuana laws. The notice of violation must be
delivered to the marijuana establishment at its licensed premises, and to the board. The notice
must describe any violation, and cite applicable statute, regulation or order of the board. A
marijuana establishment that receives a notice of violation may respond to the notice orally or in
writing, and may, within ten days after receiving the notice, request an opportunity to appear
before the board. A notice of violation may be the basis of a proceeding to suspend or revoke a
marijuana establishment's license as provided in 3 AAC 306.810.
3 AAC 306.810. Suspension and revocation of license. (a) The board will suspend or
revoke a marijuana establishment license issued under this chapter when any licensee is
convicted of a felony, or the board becomes aware that a licensee did not a disclose a previous
felony conviction.
(b) The board may suspend or revoke a license issued under this chapter, refuse to renew
a license, or impose a civil fine, if the board finds that a person that holds a license for any
marijuana establishment
(I) misrepresented a material fact on an application for a marijuana establishment
license under AS 17.38 or a regulation in this chapter, 3 AAC 306;
(2) is following any practice or procedure that is contrary to the best interests of
the public, including using any process not approved by the board for extracting or
manufacturing marijuana concentrate or products, or selling or distributing any marijuana
concentrate or product that has not been approved by the board;
(3) failed, within a reasonable time after receiving a notice of violation from the
board or the director, to correct any defect that is the subject of the notice of violation of
(A) AS 17.38 or a regulation adopted under AS 17.38;
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(B) a condition or restriction imposed by the board; or
(C) other applicable law;
(4) knowingly allowed an employee or agent to violate AS 17.38, a condition or
restriction imposed by the board, or a regulation adopted under this chapter;
(5) failed to comply with any public health, fire, or safety law or regulation in the
state;
( 6) used the licensed premises for any illegal purpose including illegal gambling,
illegal possession or use of narcotics other than marijuana, prostitutes, or sex traffickers.
( c) A local governing body may notify the director when it obtains evidence that a
marijuana establishment has violated a provision of AS 17.38, this chapter, or a condition the
board has imposed on the marijuana establishment. Unless the board finds that the local
governing body's notice is arbitrary, capricious, and unreasonable, the director will prepare the
notice and supporting evidence as an accusation against the marijuana establishment under AS
44.62.360, and conduct proceedings to resolve the matter as described under 3 AAC 306.820.
(Eff. _I_ I____, Register_)
Authority: AS 17.38.010
AS 17.38.085
AS 17.38.100
AS 17.38.070
AS 17.38.087
AS 17.38.900
AS 17.38.084
AS 17.38.090
3 AAC 306.815. Suspension and revocation based on act of employee. If, in a
proceeding to suspend or revoke a marijuana establishment license under AS 17.38, evidence
shows that an employee or agent of a license marijuana establishment was responsible for an act
that would justify suspension or revocation of the marijuana establishment's license if committed
by a licensee, the board may find that licensee knowingly allowed the act if
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( 1) the licensee was physically present when the violation occurred and knew or
should have known the violation was occurring and took no action to stop it;
(2) the licensee failed to adequately supervise the agent or employee;
(3) the licensee failed to adequately train the agent or employee in the
requirements of AS 17.3 8 relating to marijuana; or
(4) the licensee was reckless or careless in hiring the agent or employee.
(Eff. _I_ I___, Register_)
Authority: AS 17.38.010
AS 17.38.085
AS 17.38.100
AS 17.38.070
AS 17.38.087
AS 17.38.900
AS 17.38.084
AS 17.38.090
3 AAC 306.820. Procedure for action on license suspension or revocation. A
proceeding to suspend or revoke a license must be initiated by service of an accusation on the
marijuana establishment in compliance with AS 44.63.360 and AS 44.62.380, and conducted in
compliance with AS 44.62.330 -AS 44.62.630. Service will be made at the address of the
licensed premises, or at the address of the licensee who is responsible for management and
compliance with laws as listed in the marijuana establishment license application in compliance
with 3 AAC 306.020(b)(5). The marijuana establishment is entitled to a hearing as provided in
AS 44.62.390. (Eff. _/_/___,Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.085
AS 17.38.100
AS 17.38.087
AS 17.38.900
AS 17.38.090
3 AAC 306.825. Summary suspension to protect public health, safety, and welfare.
(a) If the director finds that a person holding a marijuana establishment license has acted and
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appears to be continuing to act in a way that constitutes an immediate threat to the public health
and safety, the director may issue an order immediately suspending the license of that person,
and ordering an immediate stop to the activity that constitutes the threat to the public health and
safety.
(b) If the director issues a summary suspension under this section, the director will
immediately give notice to the marijuana establishment subject to the summary suspension order
of the reasons for the summary suspension and of an expedited hearing before the board. Unless
the marijuana establishment subject to the summary suspension order requests a delay, the
hearing will be held within five days after the director gives notice of the reasons for the
summary suspension and the right to a hearing. (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.085
AS 17.38.100
AS 17.38.087
AS 17.38.900
AS 17.38.090
3 AAC 306.830. Seizure of marijuana or marijuana product. (a) The director, an
enforcement agent or employee of the board, or a peace officer acting in an official capacity may
seize marijuana or any marijuana product from a licensed marijuana establishment if the
marijuana establishment has
(1) any marijuana or marijuana product not properly logged into the marijuana
establishment's marijuana inventory tracking system;
(2) any adulterated marijuana food or drink product forbidden under 3 AAC
306.510; or
(3) any marijuana or marijuana product that is not properly packaged and labeled
as provided in 3 AAC 306.465-470 or 3AAC 306.565-570.
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(b) If the director, an enforcement agent or employee of the board, or a peace officer
acting in an official capacity seizes marijuana or a marijuana product under this section, the
director will immediately give notice to the marijuana establishment from which the marijuana
or marijuana product was seized of the reasons for the seizure and the right to a hearing before
the board. Unless the marijuana establishment from which the marijuana or marijuana product
was seized requests a delay the hearing will be held within ten days after the director gives notice
of the reasons for seizure and right to a hearing. If the seizure occurs in connection with a
summary suspension, the hearing will be combined with a hearing made available under 3 AAC
306.825.
(c) If the marijuana establishment from which the marijuana or marijuana product was
seized does not request or participate in a hearing under this section, or if, after a hearing the
board finds that seizure of the marijuana or marijuana product was justified, the marijuana or
marijuana product will be destroyed by burning, crushing, or mixing with other material to make
the marijuana or marijuana product unusable as provided in 3 AAC 306.735.
(d) If a seizure under this section is of marijuana plants in place in a licensed standard or
limited marijuana cultivation facility, the seizure order may direct the cultivation facility to
continue care of the plants until the hearing, but prohibit any transfer, sale, or other commercial
activity related to the plants. (Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.085
AS 17.38.100
AS 17.38.087
AS 17.38.900
AS 17.38.090
3 AAC 306.835. Hearing. Except as provided in 3 AAC 306.825 or 3 AAC 306.830,
any person aggrieved by an action of the director or an officer or employee of the board, may
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request a hearing in compliance with AS 44.62.390 by filing a notice of defense within 15 days
after receiving a written accusation. Failure to file a notice of defense as provided in this section
constitutes a waiver of the right to a hearing.
(b) The office of administrative hearings will conduct the hearing in compliance with
due process, the Alaska Administrative Procedure Act, AS 44.62.330-44.62.630, and the
applicable regulations adopted by the office of administrative hearings at 2 AAD 64.100-2 AAC
64.990. (Eff. _/_/____,Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.085
AS 17.38.100
AS 17.38.087
AS 17.38.900
AS 17.38.090
3 AAC 306.840. Civil fines. (a) Except as provided in (c) of this section, the board
may, in addition to any other penalties imposed under this title, impose a civil fine on a
marijuana establishment that the board determines has violated a provision of AS 17.38 or this
chapter.
(b) In a proceeding under 3 AAC 306.810 -3 AAX 306.830, the board may impose a
civil fine upon a marijuana establishment, not to exceed the greater of
( 1) an amount that is three times the monetary gain realized by the licensee as a
result of the violation, as determined by the board;
(2) $10,000 for the first violation;
(3) $30,000 for the second violation; or
(4) $50,000 for the third or subsequent violation.
( c) In a proceeding against a marijuana establishment, the board may impose a civil fine
of$5,000 for each illegal sale. The board may suspend all or part of the fine based on the
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circumstances of the illegal sales. In this section, "sale" means a single delivery on a single date
to a single purchaser. (Eff. _/_I_, Register_)
Authority: AS 17.38.010 AS 17.38.070
AS 17.38.085 AS 17.38.087
AS 17.38.100 AS 17.38.900
AS 17.38.084
AS 17.38.090
3 AAC 306.845. Appeal. (a) An aggrieved party may appeal regarding any action of
the director, or any officer or employee charged with enforcing AS 17.38 and this chapter,
including any decision issued in a hearing on a suspension or revocation or seizure of marijuana
under 3 AAC 306.810 -3 AAC 306.835, or a civil fine issued under 3 AAC 306.840 to the
board.
(b) A person aggrieved by a final decision of the board suspending or revoking a license
under this chapter, or imposing a civil fine may appeal to the superior court under AS 44.62.560.
(Eff. _I_ I_, Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.085 AS 17.38.087 AS 17.38.090
AS 17.38.100 AS 17.38.900
3 AAC 306.850. Surrender or destruction of license. A license issued under this
chapter must be surrendered to the director, or an agent or employee of the board on demand if
the director or board so directs. A license issued under this chapter must be surrendered within
10 days after the marijuana establishment loses or vacates the licensed premises. If a license is
destroyed, the marijuana establishment shall promptly notify the board. (Eff. _/_I_,
Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
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AS 17.38.085
AS 17.38.100
COMMERCE, COMMUNITY, AND EC. DEV.
AS 17.38.087
AS 17.38.900
10
AS 17.38.090
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Article 9. General Provisions.
3 AAC 306.900. Marijuana clubs prohibited. (a) A person may not maintain a place
where marijuana or marijuana products are received or kept, or to which marijuana or marijuana
products are brought for consumption by the public or by members of a club, association, or
corporation unless the person is authorized to do so under this title.
(b) A person may not maintain, operate, or lease premises for the purpose of providing a
place for consuming marijuana or marijuana products for consideration by members of the public
or other persons, unless the person is authorized to do so under this title.
(c) In this section, "consideration" includes a membership fee, a cover charge, the sale of
food, ice, mixers, or other drinks, or the furnishing of marijuana accessories for use in the
consumption of marijuana or any marijuana product.
( d) A person violating this section is subject to a civil fine as provided in 3 AAC
306.840. (Eff. _/_/____,Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.905. Public records. 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 or regulation.
(Eff. _/_I____, Register_)
Authority: AS 17.38.010 AS 17.38.070
AS 17.38.090 AS 17.38.100
AS 40.25.110.
1
AS 17.38.084
AS 17.38.900
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3 AAC 306.910. Refusal to sell marijuana. 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. (Eff. _/_/____,Register_)
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
3 AAC 306.990. Definitions. (a) In AS 17.38,
( ) "assist" 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 the amount allowed in AS 17.38.020;
(C) growing marijuana plants for another person in a place other than that
other person's primary residence, a garage, shed, or other place under the other person's
control;
( ) "deliver" means hand to a person who purchases the product on licensed
premises only; "deliver" does not mean transfer or transport to a consumer off a licensed
premises;
( ) "flowering" means a marijuana plant which has visible crystals, buds, or
flowers, or for which the exposure to light is scheduled with the intent to produce crystals, buds
or flowers;
( ) "immature" means a plant with no visible crystals, buds, or flowers, and in
which the exposure to light is scheduled with the intent to prevent formation of crystals, buds or
:flowers;
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( ) "personal cultivation" 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 the amount allowed in AS 17.38.020;
(C) growing marijuana plants for another person in a place other than that
other person's primary residence, garage, shed, or similar place under the other person's
control.
( ) "possess" means having physical possession or control over property;
( ) "transport" or "transfer" means to deliver between licensed marijuana
establishments as provided in 3 AAC 306.745.
(b) In this chapter, unless the context requires otherwise,
( ) "adulterated food or drink product" means a product that is intended to be
consumed orally and that existed without marijuana in a form ready for consumption before
marijuana was added by any process; an adulterated food or drink product does not include raw
ingredients that are combined with marijuana in a manufacturing process;
( ) "agent"
(A) means a representative who is authorized to act for another;
(B) includes a contractor or subcontractor;
( ) "batch" or ''harvest batch" means a specifically identified quantity of plant
trim, leaf and other usable product from marijuana plants that are uniform in strain, cultivated in
one place and under the same conditions, using the same medium and agricultural chemicals
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including pesticides and fungicides, and harvested at the same time.
( ) "bud and flower" means the hairy, sticky, or crystal covered parts of mature
female marijuana plants generally harvested for their high potency content;
( ) "clones" or "cuttings" means small starter plants less than 8 inches tall used
to propagate marijuana plants;
( ) "compensation" means money, bartered objects or services, or anything else
of value;
( ) "contaminant" means any of the following:
(A) harmful microbials including E. coli or salmonella;
(B) residual solvents;
( C) poisons or toxins;
(D) harmful chemicals; including pesticides;
(E) dangerous molds, mildew or filth;
( ) "controlling interest" means ownership or control of
(A) 50 percent or more of the ownership interest or voting shares ofa
corporation; or
(B) less than 50 percent if a person and family members jointly exert
actual control as demonstrated by
( i) making decisions for the corporation without independent
participation of other owners;
(ii) exercising day-to-day control over the corporation's affairs;
(iii) disregarding formal legal requirements;
(iv) using corporation funds for personal expenses or investments,
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or intermingling corporation fmances with personal finances; or
(v) taking other actions that indicate the corporation is a mere
instrumentality of the individual;
( ) "edible" and 11 edible marijuana product" means any marijuana product that is
intended to be consumed orally, including any type of food or drink; an edible marijuana product
does not include adulterated food or drink products;
( ) "extraction" or "marijuana extraction" means production of marijuana
concentrate by any water-based, food-based, or solvent-based method;
() "homogenous" means a component or quality, such as 1HC, is spread evenly
throughout the product, or can be found in equal amounts in each part of a multi-serving unit;
( ) "licensed," means any marijuana establishment, that holds a current and valid
license issued by the board under this chapter, including a conditional license; a marijuana
establishment is not "licensed" if a license it formerly held has expired, or ha sbeen suspended or
revoked;
() "licensee" means all the persons identified in 3 AAC 306.020 who must be
listed in an application for a marijuana establishment license under this chapter;
( ) "licensed premises" means any or all designated portions of a building or
structure, rooms or enclosures in the building or structure, used, controlled, or operated by a
licensee in the conduct of business for which the licensee is licensed by the board at the specific
address for which the license is issued;
( ) "lot" or "production lot" means a group of marijuana products that were
prepared at the same time from the same batch of marijuana, using the same recipe or process;
( )
11 marijuana11 means all parts of the plant of the genus cannabis whether
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growing or not, the seeds thereof, the resin extracted from any part of the plant, and every
compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate; ''marijuana" does not include fiber produced from the stalks,
cake made from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to prepare topical or
oral administrations, food, drink, or other products
( ) "marijuana concentrate" means resin, oil, wax, or any other substance derived
from the marijuana plant by any method which isolates the THC-bearing resins of the plant
( ) "marijuana cultivation facility'' has the meaning given in AS 17.38; or
alternanvely means an entity licensed to cultivate, prepare, and package marijuana and sell
marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers;
( ) "marijuana plant" means a living organism of the genus Cannabis capable of
absorbing water and inorganic substances through its roots, and synthesizing nutrients in its
leaves by photosynthesis;
( ) "marijuana product" means any concentrated marijuana and marijuana
product that is comprised of marijuana and any other ingredient and is intended for use or
consumption including any edible product, ointment, and tincture;
( ) "marijuana product manufacturing facility 11 means an entity licensed to
purchase marijuana; manufacture, prepare, and package any approved marijuana product; and
sell marijuana and marijuana products to any other marijuana product manufacturing facility or
marijuana retail store, but not to a consumer;
( ) "person" means has the meaning given in AS O 1.10. 060.;
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( ) "process" or "processing" means harvesting, curing, drying, trimming of a
marijuana plant~
( ) "retail marijuana store" means an entity licensed to purchase marijuana from a
marijuana cultivation facility, to purchase marijuana and any approved marijuana product from a
marijuana product manufacturing facility, and to sell marijuana and any approved marijuana
product to a consumer.
( )
11 square feet under cultivation" means an area of the licensed premises of a
standard or limited cultivation facility that is used for growing marijuana, measured on the
perimeter of the marijuana crop or the canopy formed by marijuana plant branches and foliage~
"square feet under cultivation" does not include hallways, equipment storage areas, or other areas
within the licensed premises that are not used for growing marijuana such as an office, or a
processing or storage area.
Eff. _I_ I~ Register __J
Authority: AS 17.38.010 AS 17.38.070 AS 17.38.084
AS 17.38.090 AS 17.38.100 AS 17.38.900
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