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HB 59: "An Act relating to marijuana concentrates; and providing for an effective date."

00                              HOUSE BILL NO. 59                                                                          
01 "An Act relating to marijuana concentrates; and providing for an effective date."                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       LEGISLATIVE INTENT. It is the intent of the legislature in order to implement the                                 
06 marijuana initiative in an orderly process                                                                              
07            (1)  to focus on the provisions related to growth and sale of marijuana and                                  
08 licensing of marijuana establishments not later than November 24, 2015;                                                 
09            (2)  to delay regulations relating to legal manufacture, delivery, possession,                               
10 possession with the intent to manufacture or deliver, sale, packaging, or display of marijuana                          
11 concentrates to not later than November 24, 2016, in response to the difficulties other                                 
12 jurisdictions have found in unintended consequences of regulations permitting marijuana                                 
13 concentrates; and                                                                                                       
14            (3)  during the period of the delay, that activities related to marijuana                                    
15 concentrates remain illegal and may form the basis for revocation of an establishment license                           
01 or for seizure or forfeiture of assets under state law.                                                                 
02    * Sec. 2. AS 11.71 is amended by adding a new section to article 1 to read:                                        
03            Sec. 11.71.092. Affirmative defense to a prosecution under AS 11.71.040 -                                  
04       11.71.060. In a prosecution under AS 11.71.040 - 11.71.060 charging the manufacture,                            
05       delivery, possession, possession with intent to manufacture or deliver, or display of a                           
06       schedule VIA controlled substance, it is an affirmative defense that the defendant is a                           
07       marijuana establishment registered under AS 17.38 or an officer, agent, or employee                               
08       of the marijuana establishment, and                                                                               
09                 (1)  at the time of the manufacture, delivery, possession, possession                                   
10       with intent to manufacture or deliver, or display, the marijuana establishment was                                
11       registered under AS 17.38 or the officer, agent, or employee of the marijuana                                     
12       establishment was in compliance with AS 17.38;                                                                    
13                 (2)  the manufacture, delivery, possession, possession with intent to                                   
14       manufacture or deliver, or display complied with the requirements of AS 17.38; and                                
15                 (3)  if the charge is for delivery of a schedule VIA controlled substance,                              
16       the delivery was to a person who was 21 years of age or older at the time of the                                  
17       delivery.                                                                                                         
18    * Sec. 3. AS 17.38.070(a) is amended to read:                                                                      
19            (a)  Notwithstanding any other provision of law, the following acts, when                                    
20       performed by a retail marijuana store with, and permitted by, a current, valid                                
21       registration, or a person 21 years of age or older who is acting in the person's capacity                         
22       as an owner, employee, or agent of a retail marijuana store, are lawful and are                               
23       [SHALL] not offenses [BE AN OFFENSE] under Alaska law or [BE] a basis for                                     
24       seizure or forfeiture of assets under Alaska law:                                                                 
25                 (1)  possessing, displaying, storing, or transporting marijuana or                                      
26       marijuana products, except that marijuana and marijuana products may not be                                       
27       displayed in a manner that is visible to the general public from a public right-of-way;                           
28                 (2)  delivering or transferring marijuana or marijuana products to a                                    
29       marijuana testing facility;                                                                                       
30                 (3)  receiving marijuana or marijuana products from a marijuana testing                                 
31       facility;                                                                                                         
01                 (4)  purchasing marijuana from a marijuana cultivation facility;                                        
02                 (5)  purchasing marijuana or marijuana products from a marijuana                                        
03       product manufacturing facility; and                                                                               
04                 (6)  delivering, distributing, or selling marijuana or marijuana products                               
05       to consumers.                                                                                                     
06    * Sec. 4. AS 17.38.070(b) is amended to read:                                                                      
07            (b)  Notwithstanding any other provision of law, the following acts, when                                    
08       performed by a marijuana cultivation facility with, and permitted by, a current, valid                        
09       registration, or a person 21 years of age or older who is acting in the person's capacity                         
10       as an owner, employee, or agent of a marijuana cultivation facility, are lawful and are                       
11       [SHALL] not offenses [BE AN OFFENSE] under Alaska law or [BE] a basis for                                     
12       seizure or forfeiture of assets under Alaska law:                                                                 
13                 (1)  cultivating, manufacturing, harvesting, processing, packaging,                                     
14       transporting, displaying, storing, or possessing marijuana;                                                       
15                 (2)  delivering or transferring marijuana to a marijuana testing facility;                              
16                 (3)  receiving marijuana from a marijuana testing facility;                                             
17                 (4)  delivering, distributing, or selling marijuana to a marijuana                                      
18       cultivation facility, a marijuana product manufacturing facility, or a retail marijuana                           
19       store;                                                                                                            
20                 (5)  receiving or purchasing marijuana from a marijuana cultivation                                     
21       facility; and                                                                                                     
22                 (6)  receiving marijuana seeds or immature marijuana plants from a                                      
23       person 21 years of age or older.                                                                                  
24    * Sec. 5. AS 17.38.070(c) is amended to read:                                                                      
25            (c)  Notwithstanding any other provision of law, the following acts, when                                    
26       performed by a marijuana product manufacturing facility with, and permitted by, a                             
27       current, valid registration, or a person 21 years of age or older who is acting in the                            
28       person's capacity as an owner, employee, or agent of a marijuana product                                          
29       manufacturing facility, are lawful and are [SHALL] not offenses [BE AN OFFENSE]                           
30       under Alaska law or [BE] a basis for seizure or forfeiture of assets under Alaska law:                            
31                 (1)  packaging, processing, transporting, manufacturing, displaying, or                                 
01       possessing marijuana or marijuana products;                                                                       
02                 (2)  delivering or transferring marijuana or marijuana products to a                                    
03       marijuana testing facility;                                                                                       
04                 (3)  receiving marijuana or marijuana products from a marijuana testing                                 
05       facility;                                                                                                         
06                 (4)  delivering or selling marijuana or marijuana products to a retail                                  
07       marijuana store or a marijuana product manufacturing facility;                                                    
08                 (5)  purchasing marijuana from a marijuana cultivation facility; and                                    
09                 (6)  purchasing of marijuana or marijuana products from a marijuana                                     
10       product manufacturing facility.                                                                                   
11    * Sec. 6. AS 17.38.090 is amended by adding a new subsection to read:                                              
12            (c)  The board shall adopt regulations governing the manufacture, delivery,                                  
13       possession, possession with intent to manufacture or deliver, use, or display of                                  
14       marijuana concentrates. At a minimum, the regulations must include labeling and                                   
15       packaging requirements.                                                                                           
16    * Sec. 7. AS 17.38.100 is amended by adding a new subsection to read:                                              
17            (i)  A registration issued under this section does not authorize a marijuana                                 
18       establishment to manufacture, deliver, possess, possess with intent to manufacture or                             
19       deliver, or display marijuana concentrates or products containing marijuana                                       
20       concentrates.                                                                                                     
21    * Sec. 8. AS 17.38.900 is amended by adding a new paragraph to read:                                               
22                 (15)  "marijuana concentrates" means an oil, liquid, or other substance                                 
23       created by extracting cannabinoids from marijuana through the use of a solvent other                              
24       than water for the purpose of increasing the strength or proportion of the cannabinoids,                          
25       but does not include hashish or hashish oil.                                                                      
26    * Sec. 9. AS 17.38.100(i) is repealed November 24, 2016.                                                           
27    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
28 read:                                                                                                                   
29       TRANSITIONAL PROVISIONS: REGULATIONS. The Alcoholic Beverage Control                                              
30 Board established in AS 04.06.010 may adopt regulations necessary to implement the changes                              
31 made by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act),                            
01 but not before the effective date of the law implemented by the regulation.                                             
02    * Sec. 11. Sections 1 - 5, 7, 8, and 10 of this Act take effect immediately under                                  
03 AS 01.10.070(c).                                                                                                        
04    * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect November 24,                           
05 2016.