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CSSB 30(FIN): "An Act relating to controlled substances; relating to marijuana; relating to crimes and offenses related to marijuana and the use of marijuana; relating to open marijuana containers; relating to established villages and local options; relating to delinquent minors; making conforming amendments; and providing for an effective date."

00 CS FOR SENATE BILL NO. 30(FIN) 01 "An Act relating to controlled substances; relating to marijuana; relating to crimes and 02 offenses related to marijuana and the use of marijuana; relating to open marijuana 03 containers; relating to established villages and local options; relating to delinquent 04 minors; making conforming amendments; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 PURPOSE OF SEC. 30 OF THIS ACT. The purpose of sec. 30 of this Act is to protect 09 the health and safety of persons who reside in established villages in the unorganized borough 10 in the state and to provide legislative findings regarding the operation of marijuana cultivation 11 facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail 12 marijuana stores in the unorganized borough. The legislature, acting in its capacity as the 13 assembly for the unorganized borough, prohibits the operation of marijuana establishments in 14 the unorganized borough outside of a municipality. Established villages in the unorganized

01 borough may allow marijuana establishments on a community-by-community basis through 02 the local option election procedure provided by AS 17.38.250 - 17.38.300, added by sec. 32 of 03 this Act. 04 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 FINDINGS FOR SEC. 30 OF THIS ACT. The type of marijuana available in the 07 United States and Alaska today, and the changes in the patterns of usage of the drug, 08 particularly by young Alaskans, Alaska Natives, and those undergoing alcohol treatment, pose 09 a threat to the public health and welfare that justifies prohibiting the operation of marijuana 10 establishments in the unorganized borough outside of municipalities. In this Act, the 11 legislature has considered its duty as the assembly for the unorganized borough in art. X, sec. 12 6, Constitution of the State of Alaska, and its duty to promote the public health and welfare in 13 art. VII, sec. 4, Constitution of the State of Alaska. The legislature has also considered its 14 obligation to carry out the intent of the voters of Alaska in legalizing marijuana by ballot 15 initiative. To assist the courts in considering these issues, the legislature further finds that 16 (1) the potency of marijuana has increased dramatically since the 1960s and 17 1970s; the national average amount of delta-9-tetrahydrocannabinol (THC), the main 18 psychoactive ingredient, was less than one percent then, but increased steadily in the 1980s 19 and 1990s, and by 2003 was six times higher, at 6.4 percent; Alaska marijuana today 20 commands hundreds of dollars an ounce on the illegal market and is often sold in smaller 21 amounts within the price range of teenagers; the increasing potency of marijuana corresponds 22 to an increase in substance abuse treatment admissions and in the number of persons seeking 23 emergency medical care due to marijuana-related incidents; 24 (2) several hundred adults and children are admitted into treatment each year 25 in Alaska for marijuana abuse, with nearly 46 percent being children under 20 years of age; 26 (3) there is evidence that some users become dependent on marijuana under 27 the clinical standards applied by the Diagnostic and Statistical Manual of Mental Disorders 28 IV; studies have shown that use of marijuana and withdrawal from marijuana affect some of 29 the same neurochemical processes as known addictive drugs; Marijuana Anonymous chapters 30 to treat marijuana addicts exist in a majority of states in the country; that is persuasive 31 evidence of marijuana's potential for users to become dependent on it; currently, 9.2 percent

01 of all persons in Alaska treated for drug and alcohol problems are treated for marijuana abuse; 02 (4) early exposure of young people to marijuana increases the likelihood of 03 lifelong health and social problems and is associated with depression; 04 (5) a significant percentage of persons in treatment for alcohol abuse also 05 abuse a secondary drug, which may include marijuana; nevertheless, the relationship between 06 marijuana and alcohol and other drugs is not fully understood; 07 (6) marijuana consists of hundreds of different chemicals and can affect 08 almost every organ and system in the body, including the lymph system, the heart, and the 09 lungs; THC binds to receptors in the brain that should otherwise bind to naturally occurring 10 brain chemicals; marijuana can affect memory, attention, judgment, and other cognitive 11 functions and can impair motor coordination, time perception, and balance; marijuana smoke 12 contains more carcinogenic hydrocarbons than tobacco smoke; marijuana often contains 13 bacteria or fungi that are dangerous to humans, and may be harvested and sold without 14 removing pesticides and fungicides; 15 (7) about 40 percent of the adults arrested in this state who commit violent 16 offenses have marijuana in their system at the time of the arrest; 17 (8) if a parent uses marijuana, the children of the parent are more likely to 18 become marijuana users; some high school students report that they have been able to get 19 marijuana at home or from a relative; criminal penalties for possession of marijuana in the 20 home may deter possession by adults and reduce its availability and accessibility to children; 21 some studies have shown that criminal penalties for possession of marijuana are effective in 22 increasing the perception among teenagers of the risks of using the drug, thus reducing its use 23 by young people; 24 (9) in Noy v. State, 83 P.3d 538 (Alaska App. 2003), the Alaska court of 25 appeals held that an adult may possess less than four ounces of marijuana in the person's 26 home; at the same time, the court held that possession of four ounces or more could 27 legitimately be prohibited even in the home because it was reasonable for the legislature to 28 conclude in 1982 that possession of four ounces is indicative of an intent to sell; the street 29 value of marijuana today in Alaska averages between $270 and $300 an ounce. 30 * Sec. 3. AS 11.41.110(a) is amended to read: 31 (a) A person commits the crime of murder in the second degree if

01 (1) with intent to cause serious physical injury to another person or 02 knowing that the conduct is substantially certain to cause death or serious physical 03 injury to another person, the person causes the death of any person; 04 (2) the person knowingly engages in conduct that results in the death of 05 another person under circumstances manifesting an extreme indifference to the value 06 of human life; 07 (3) under circumstances not amounting to murder in the first degree 08 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 09 person commits or attempts to commit arson in the first degree, kidnapping, sexual 10 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 11 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 12 degree, escape in the first or second degree, robbery in any degree, or misconduct 13 involving a controlled substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) 14 or (2), or 11.71.040(a)(1) [OR (2)] and, in the course of or in furtherance of that crime 15 or in immediate flight from that crime, any person causes the death of a person other 16 than one of the participants; 17 (4) acting with a criminal street gang, the person commits or attempts 18 to commit a crime that is a felony and, in the course of or in furtherance of that crime 19 or in immediate flight from that crime, any person causes the death of a person other 20 than one of the participants; or 21 (5) the person with criminal negligence causes the death of a child 22 under the age of 16, and the person has been previously convicted of a crime involving 23 a child under the age of 16 that was 24 (A) a felony violation of this chapter [AS 11.41]; 25 (B) in violation of a law or ordinance in another jurisdiction 26 with elements similar to a felony under this chapter [AS 11.41]; or 27 (C) an attempt, a solicitation, or a conspiracy to commit a crime 28 listed in (A) or (B) of this paragraph. 29 * Sec. 4. AS 11.41.150(a) is amended to read: 30 (a) A person commits the crime of murder of an unborn child if the person 31 (1) with intent to cause the death of an unborn child or of another

01 person, causes the death of an unborn child; 02 (2) with intent to cause serious physical injury to an unborn child or to 03 another person or knowing that the conduct is substantially certain to cause death or 04 serious physical injury to an unborn child or to another person, causes the death of an 05 unborn child; 06 (3) while acting alone or with one or more persons, commits or 07 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 08 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 09 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 10 first or second degree, robbery in any degree, or misconduct involving a controlled 11 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 12 11.71.040(a)(1) [OR (2)], and, in the course of or in furtherance of that crime or in 13 immediate flight from that crime, any person causes the death of an unborn child; 14 (4) knowingly engages in conduct that results in the death of an unborn 15 child under circumstances manifesting an extreme indifference to the value of human 16 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 17 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 18 does not constitute conduct manifesting an extreme indifference to the value of human 19 life. 20 * Sec. 5. AS 11.56.375(a) is amended to read: 21 (a) A person commits the crime of promoting contraband in the first degree if 22 the person violates AS 11.56.380 and the contraband is 23 (1) a deadly weapon or a defensive weapon; 24 (2) an article that is intended by the defendant to be used as a means of 25 facilitating an escape; or 26 (3) a schedule IA - VA controlled substance. 27 * Sec. 6. AS 11.56.380(a) is amended to read: 28 (a) A person commits the crime of promoting contraband in the second degree 29 if the person 30 (1) introduces, takes, conveys, or attempts to introduce, take, or convey 31 contraband into a correctional facility; [OR]

01 (2) makes, obtains, possesses, or attempts to make, obtain, or possess 02 anything that person knows to be contraband while under official detention within a 03 correctional facility; or 04 (3) introduces, takes, conveys, or attempts to introduce, take, or 05 convey a schedule VIA controlled substance into a correctional facility. 06 * Sec. 7. AS 11.71.030(a) is amended to read: 07 (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the third degree if the person 09 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (6), 10 manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or 11 possesses any amount of a schedule IIA or IIIA controlled substance with intent to 12 manufacture or deliver; 13 (2) delivers any amount of a schedule IVA or [,] VA [, OR VIA] 14 controlled substance to a person under 19 years of age who is at least three years 15 younger than the person delivering the substance; or 16 (3) possesses any amount of a schedule IA or IIA controlled substance 17 (A) with reckless disregard that the possession occurs 18 (i) on or within 500 feet of school grounds; or 19 (ii) at or within 500 feet of a recreation or youth center; 20 or 21 (B) on a school bus. 22 * Sec. 8. AS 11.71.040(a) is amended to read: 23 (a) Except as authorized in AS 17.30, a person commits the crime of 24 misconduct involving a controlled substance in the fourth degree if the person 25 (1) manufactures or delivers any amount of a schedule IVA or VA 26 controlled substance or possesses any amount of a schedule IVA or VA controlled 27 substance with intent to manufacture or deliver; 28 (2) manufactures or delivers, or possesses with the intent to 29 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 30 of an aggregate weight of one ounce or more containing a schedule VIA controlled 31 substance;

01 (3) possesses 02 (A) any amount of a 03 (i) schedule IA controlled substance; or 04 (ii) IIA controlled substance except a controlled 05 substance listed in AS 11.71.150(e)(11) - (15); 06 (B) 25 or more tablets, ampules, or syrettes containing a 07 schedule IIIA or IVA controlled substance; 08 (C) one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of 10 (i) three grams or more containing a schedule IIIA or 11 IVA controlled substance except a controlled substance in a form listed 12 in (ii) of this subparagraph; 13 (ii) 12 grams or more containing a schedule IIIA 14 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 15 sprayed on or otherwise applied to tobacco, an herb, or another organic 16 material; or 17 (iii) 500 milligrams or more of a schedule IIA controlled 18 substance listed in AS 11.71.150(e)(11) - (15); 19 (D) 50 or more tablets, ampules, or syrettes containing a 20 schedule VA controlled substance; 21 (E) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of six grams or more containing a schedule 23 VA controlled substance; 24 (F) 16 [ONE OR MORE PREPARATIONS, COMPOUNDS, 25 MIXTURES, OR SUBSTANCES OF AN AGGREGATE WEIGHT OF 26 FOUR] ounces or more of usable marijuana [CONTAINING A SCHEDULE 27 VIA CONTROLLED SUBSTANCE]; or 28 (G) 25 or more plants of the genus cannabis; 29 (4) possesses a schedule IIIA, IVA, or VA [, OR VIA] controlled 30 substance 31 (A) with reckless disregard that the possession occurs

01 (i) on or within 500 feet of school grounds; or 02 (ii) at or within 500 feet of a recreation or youth center; 03 or 04 (B) on a school bus; 05 (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, 06 building, vehicle, boat, aircraft, or other structure or place that is used for keeping or 07 distributing controlled substances in violation of a felony offense under this chapter or 08 AS 17.30; 09 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 10 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 11 mark, imprint, or device of another or any likeness of any of these upon a drug, drug 12 container, or labeling so as to render the drug a counterfeit substance; 13 (7) knowingly uses in the course of the manufacture or distribution of a 14 controlled substance a registration number that is fictitious, revoked, suspended, or 15 issued to another person; 16 (8) knowingly furnishes false or fraudulent information in or omits 17 material information from any application, report, record, or other document required 18 to be kept or filed under AS 17.30; 19 (9) obtains possession of a controlled substance by misrepresentation, 20 fraud, forgery, deception, or subterfuge; [OR] 21 (10) affixes a false or forged label to a package or other container 22 containing any controlled substance; or 23 (11) violates AS 11.71.050(a)(4) and, within the five years preceding 24 the violation, the person has been previously convicted under 25 (A) AS 11.71.010 - 11.71.040; 26 (B) AS 11.71.050(a)(4); or 27 (C) a law or ordinance of this or another jurisdiction with 28 elements similar to a crime listed under (A) or (B) of this paragraph. 29 * Sec. 9. AS 11.71.040 is amended by adding a new subsection to read: 30 (e) The provisions of 31 (1) (a)(3)(F) of this section do not apply to a person who is lawfully

01 possessing usable marijuana in accordance with AS 17.38.020; or 02 (2) (a)(3)(F) and (a)(3)(G) of this section do not apply to a marijuana 03 establishment registered under AS 17.38, or an officer, agent, or employee of the 04 registered marijuana establishment acting in compliance with the terms of the 05 registration issued under AS 17.38. 06 * Sec. 10. AS 11.71.050(a) is amended to read: 07 (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the fifth degree if the person 09 (1) transports [MANUFACTURES] or delivers 10 (A) more [, OR POSSESSES WITH THE INTENT TO 11 MANUFACTURE OR DELIVER, ONE OR MORE PREPARATIONS, 12 COMPOUNDS, MIXTURES, OR SUBSTANCES OF AN AGGREGATE 13 WEIGHT OF LESS] than one ounce of usable marijuana [CONTAINING A 14 SCHEDULE VIA CONTROLLED SUBSTANCE]; 15 (B) more than six plants of the genus cannabis; 16 (2) possesses 17 (A) less than 25 tablets, ampules, or syrettes containing a 18 schedule IIIA or IVA controlled substance; 19 (B) one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of less than 21 (i) three grams containing a schedule IIIA or IVA 22 controlled substance except a controlled substance in a form listed in 23 (ii) of this subparagraph; 24 (ii) 12 grams but more than six grams containing a 25 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 26 that has been sprayed on or otherwise applied to tobacco, an herb, or 27 another organic material; or 28 (iii) 500 milligrams containing a schedule IIA controlled 29 substance listed in AS 11.71.150(e)(11) - (15); 30 (C) less than 50 tablets, ampules, or syrettes containing a 31 schedule VA controlled substance;

01 (D) one or more preparations, compounds, mixtures, or 02 substances of an aggregate weight of less than six grams containing a schedule 03 VA controlled substance; [OR] 04 (E) at least three ounces but less than 16 ounces of usable 05 marijuana [ONE OR MORE PREPARATIONS, COMPOUNDS, 06 MIXTURES, OR SUBSTANCES OF AN AGGREGATE WEIGHT OF ONE 07 OUNCE OR MORE CONTAINING A SCHEDULE VIA CONTROLLED 08 SUBSTANCE]; or 09 (F) 12 or more but less than 25 plants of the genus cannabis; 10 (3) fails to make, keep, or furnish any record, notification, order form, 11 statement, invoice, or information required under AS 17.30; 12 (4) delivers any amount of usable marijuana to a person under 21 13 years of age; 14 (5) delivers or transports 15 (A) one ounce or less of usable marijuana for remuneration 16 or barter; or 17 (B) six plants or less of the genus cannabis for remuneration 18 or barter; or 19 (6) manufactures a marijuana concentrate or extract using a 20 volatile or explosive gas. 21 * Sec. 11. AS 11.71.050 is amended by adding new subsections to read: 22 (c) The provisions of (a)(1), (a)(2)(E), (a)(2)(F), and (a)(4) - (6) of this section 23 do not apply to 24 (1) a person who is lawfully possessing, manufacturing, delivering, 25 possessing with the intent to manufacture or deliver, or transporting usable marijuana 26 in accordance with AS 17.38.020; 27 (2) a marijuana establishment registered under AS 17.38, or an officer, 28 agent, or employee of the registered marijuana establishment acting in compliance 29 with the terms of the registration issued under AS 17.38. 30 (d) A person does not violate (a)(4) of this section if the person is over 21 31 years of age and delivers a schedule VIA controlled substance to the person's child,

01 ward, or legal spouse if 02 (1) the child, ward, or legal spouse is 18 years of age or older; and 03 (2) the delivery occurs in the person's residence. 04 * Sec. 12. AS 11.71.060(a) is amended to read: 05 (a) Except as authorized in AS 17.30, a person commits the crime of 06 misconduct involving a controlled substance in the sixth degree if the person 07 (1) uses or displays any amount of a schedule VIA controlled 08 substance; 09 (2) possesses one or more preparations, compounds, mixtures, or 10 substances of an aggregate weight of 11 (A) less than one ounce containing a schedule VIA controlled 12 substance; 13 (B) six grams or less containing a schedule IIIA controlled 14 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 15 otherwise applied to tobacco, an herb, or another organic material; [OR] 16 (3) refuses entry into a premise for an inspection authorized under 17 AS 17.30; 18 (4) possesses at least two ounces but less than three ounces of 19 usable marijuana; 20 (5) possesses more than six but less than 12 plants of the genus 21 cannabis. 22 * Sec. 13. AS 11.71.060 is amended by adding a new subsection to read: 23 (c) The provisions of (a)(4) and (a)(5) of this section do not apply to 24 (1) a person who is lawfully possessing, displaying, delivering, or 25 transporting usable marijuana in accordance with AS 17.38.020; 26 (2) a marijuana establishment registered under AS 17.38, or an officer, 27 agent, or employee of the registered marijuana establishment acting in compliance 28 with the terms of the registration issued under AS 17.38. 29 * Sec. 14. AS 11.71 is amended by adding a new section to read: 30 Sec. 11.71.071. Misconduct involving a controlled substance in the seventh 31 degree. (a) Except as authorized in AS 17.30, a person commits the crime of

01 misconduct involving a controlled substance in the seventh degree if the person 02 (1) possesses more than one ounce but less than two ounces of usable 03 marijuana; 04 (2) is 05 (A) under 21 years of age and 06 (i) possesses less than two ounces of usable marijuana; 07 or 08 (ii) uses or displays any amount of usable marijuana; or 09 (B) 21 years of age or older and uses any amount of usable 10 marijuana in a public place; 11 (3) manufactures usable marijuana 12 (A) in a location where the plants are subject to public view 13 without the use of binoculars, aircraft, or other optical aids; 14 (B) in a location that is not secure from unauthorized access; or 15 (C) on property not lawfully in the possession of the person or 16 on property without the consent of the person in lawful possession of the 17 property; or 18 (4) uses usable marijuana while operating a motor vehicle, aircraft, or 19 watercraft under circumstances not proscribed by AS 28.35.030. 20 (b) The provisions of (a)(1) and (a)(3) of this section do not apply to 21 (1) a person who is lawfully possessing or manufacturing usable 22 marijuana in accordance with AS 17.38.020; 23 (2) a marijuana establishment registered under AS 17.38, or an officer, 24 agent, or employee of the registered marijuana establishment acting in compliance 25 with the terms of the registration issued under AS 17.38. 26 (c) Misconduct involving a controlled substance in the seventh degree is a 27 violation punishable by a fine of 28 (1) up to $300 for a violation of (a)(1), (a)(3), or (a)(4) of this section; 29 (2) $300 for a violation of (a)(2)(A) of this section; the court may 30 reduce the fine to $50 for a defendant under 18 years of age if the defendant supplies 31 to the court, within six months, proof of completion of a community diversion panel or

01 a state-approved marijuana education or treatment program; in this paragraph, 02 "community diversion panel" means a youth court or other group selected by the court 03 to serve as a sentencing option for a person convicted under (a)(2)(A) of this section; 04 (3) $100 for a violation of (a)(2)(B) of this section. 05 * Sec. 15. AS 11.71.090(a) is amended to read: 06 (a) In a prosecution under AS 11.71.030 - 11.71.071 [AS 11.71.030 - 07 11.71.060] charging the manufacture, delivery, possession, possession with intent to 08 manufacture or deliver, use, or display of a schedule VIA controlled substance, it is an 09 affirmative defense that the defendant is a patient, or the primary caregiver or alternate 10 caregiver for a patient, and 11 (1) at the time of the manufacture, delivery, possession, possession with 12 intent to manufacture or deliver, use, or display, the patient was registered under 13 AS 17.37; 14 (2) the manufacture, delivery, possession, possession with intent to 15 manufacture, deliver, use, or display complied with the requirements of AS 17.37; and 16 (3) if the defendant is the 17 (A) primary caregiver of the patient, the defendant was in 18 physical possession of the caregiver registry identification card at the time of 19 the manufacture, delivery, possession, possession with intent to manufacture or 20 deliver, use, or display; or 21 (B) alternate caregiver of the patient, the defendant was in 22 physical possession of the caregiver registry identification card at the time of 23 the manufacture, delivery, possession, possession with intent to manufacture or 24 deliver, use, or display. 25 * Sec. 16. AS 11.71.190(b) is repealed and reenacted to read: 26 (b) Schedule VIA includes, unless specifically excepted or unless listed in 27 another schedule, any material, compound, mixture, or preparation that contains any 28 quantity of the following substances: 29 (1) marijuana; 30 (2) hashish; 31 (3) hash oil or hashish oil;

01 (4) tetrahydrocannabinols. 02 * Sec. 17. AS 11.71.311(a) is amended to read: 03 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 04 11.71.040(a)(3) or (4), 11.71.050(a)(2), or 11.71.060(a)(2) [11.71.060(a)(1) OR (2)] if 05 that person 06 (1) sought, in good faith, medical or law enforcement assistance for 07 another person who the person reasonably believed was experiencing a drug overdose 08 or significant adverse marijuana reaction and 09 (A) the evidence supporting the prosecution for an offense 10 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(2), or 11 11.71.060(a)(2) [11.71.060(a)(1) OR (2)] was obtained or discovered as a 12 result of the person seeking medical or law enforcement assistance; 13 (B) the person remained at the scene with the other person until 14 medical or law enforcement assistance arrived; and 15 (C) the person cooperated with medical or law enforcement 16 personnel, including by providing identification; 17 (2) was experiencing a drug overdose or significant adverse 18 marijuana reaction and sought medical assistance, and the evidence supporting a 19 prosecution for an offense under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 20 11.71.050(a)(2), or 11.71.060(a)(2) [11.71.060(a)(1) OR (2)] was obtained as a result 21 of the overdose or significant adverse marijuana reaction and the need for medical 22 assistance. 23 * Sec. 18. AS 11.71.900(14) is repealed and reenacted to read: 24 (14) "marijuana" means all parts of the plant of the genus cannabis 25 whether growing or not, the seeds thereof, the resin extracted from any part of the 26 plant, and every compound, manufacture, derivative, mixture, or preparation of the 27 plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not 28 include fiber produced from the stalks, oil or cake made from the seeds of the plant, 29 sterilized seed of the plant that is incapable of germination, or the weight of any other 30 ingredient combined with marijuana to prepare topical or oral administrations, food, 31 drink, or other products;

01 * Sec. 19. AS 11.71.900 is amended by adding a new paragraph to read: 02 (31) "usable marijuana" means the seeds, leaves, buds, and flowers of 03 the plant genus cannabis, hashish, hash oil, tetrahydrocannabinols, and marijuana 04 concentrates, but does not include the stalks or roots of the plant genus cannabis. 05 * Sec. 20. AS 12.45.084(a) is amended to read: 06 (a) In a prosecution under AS 11.71.010 - 11.71.071 [AS 11.71.010 - 07 11.71.060], a complete copy of an official laboratory report from the Department of 08 Public Safety or a laboratory operated by another law enforcement agency is prima 09 facie evidence of the content, identity, and weight of a controlled substance. The 10 report must be signed by the person performing the analysis and must state that the 11 substance that [WHICH] is the basis of the alleged offense has been weighed and 12 analyzed. In the report, the author shall state with specificity findings as to the content, 13 weight, and identity of the substance. 14 * Sec. 21. AS 17.30.080(b) is amended to read: 15 (b) A person who violates (a) of this section, or who otherwise manufactures, 16 distributes, dispenses, or conducts research with a controlled substance in the state 17 without fully complying with 21 U.S.C. 811 - 830 (Controlled Substances Act), and 18 regulations adopted under those sections, is guilty of misconduct involving a 19 controlled substance under AS 11.71.010 - 11.71.071 [AS 11.71.010 - 11.71.060] in 20 the degree appropriate to the circumstances as described in those sections. Upon filing 21 a complaint, information, presentment, or indictment charging a medical assistance 22 provider with misconduct involving a controlled substance under AS 11.71.140 - 23 11.71.190, the attorney general shall, in writing, notify the commissioner of health and 24 social services of the filing. 25 * Sec. 22. AS 17.38.020 is amended to read: 26 Sec. 17.38.020. Personal use of marijuana. The [NOTWITHSTANDING 27 ANY OTHER PROVISION OF LAW, EXCEPT AS OTHERWISE PROVIDED IN 28 THIS CHAPTER, THE] following acts, by persons 21 years of age or older, are lawful 29 and are not [SHALL NOT BE A] criminal or civil offenses [OFFENSE] under Alaska 30 law or the law of any political subdivision of Alaska or bases [BE A BASIS] for 31 seizure or forfeiture of assets under Alaska law:

01 (1) possessing, using, displaying, purchasing, or transporting marijuana 02 accessories or one ounce or less of usable marijuana; 03 (2) possessing, growing, processing, or transporting not [NO] more 04 than six marijuana plants, with three or fewer being mature, flowering plants, and 05 possession of the marijuana produced by the plants on the premises where the plants 06 were grown, except that nothing in this chapter permits the growing of marijuana 07 as proscribed in AS 11.71.071(a)(3); 08 (3) transferring one ounce or less of marijuana and up to six immature 09 marijuana plants to a person who is 21 years of age or older without remuneration or 10 barter; 11 (4) consumption of marijuana, except that nothing in this chapter 12 permits [SHALL PERMIT] the consumption of marijuana in a public place; and 13 (5) assisting another person who is 21 years of age or older in any of 14 the acts described in (1) - (4) of this section; under this paragraph, assisting does 15 not include 16 (A) using, displaying, purchasing, or transporting 17 marijuana in excess of the amount allowed in this section; 18 (B) possessing, growing, processing, or transporting 19 marijuana plants in excess of the amount allowed in this section. 20 * Sec. 23. AS 17.38.070(a) is amended to read: 21 (a) The [NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 22 THE] following acts, when performed by a retail marijuana store with a current, valid 23 registration, or a person 21 years of age or older who is acting in the person's capacity 24 as an owner, employee, or agent of a retail marijuana store, are lawful and are not 25 offenses [SHALL NOT BE AN OFFENSE] under Alaska law or bases [BE A BASIS] 26 for seizure or forfeiture of assets under Alaska law: 27 (1) possessing, displaying, storing, or transporting marijuana or 28 marijuana products, except that marijuana and marijuana products may not be 29 displayed in a manner that is visible to the general public from a public right-of-way; 30 (2) delivering or transferring marijuana or marijuana products to a 31 registered marijuana testing facility;

01 (3) receiving marijuana or marijuana products from a registered 02 marijuana testing facility; 03 (4) purchasing marijuana from a registered marijuana cultivation 04 facility; 05 (5) purchasing marijuana or marijuana products from a registered 06 marijuana product manufacturing facility; and 07 (6) delivering, distributing, or selling marijuana or marijuana products 08 to consumers. 09 * Sec. 24. AS 17.38.070(b) is amended to read: 10 (b) The [NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 11 THE] following acts, when performed by a marijuana cultivation facility with a 12 current, valid registration, or a person 21 years of age or older who is acting in the 13 person's capacity as an owner, employee, or agent of a marijuana cultivation facility, 14 are lawful and are not offenses [SHALL NOT BE AN OFFENSE] under Alaska law 15 or bases [BE A BASIS] for seizure or forfeiture of assets under Alaska law: 16 (1) cultivating, manufacturing, harvesting, processing, packaging, 17 transporting, displaying, storing, or possessing marijuana; 18 (2) delivering or transferring marijuana to a registered marijuana 19 testing facility; 20 (3) receiving marijuana from a registered marijuana testing facility; 21 (4) delivering, distributing, or selling marijuana to a registered 22 marijuana cultivation facility, a registered marijuana product manufacturing facility, 23 or a registered retail marijuana store; 24 (5) receiving or purchasing marijuana from a registered marijuana 25 cultivation facility; and 26 (6) receiving marijuana seeds or immature marijuana plants from a 27 person 21 years of age or older. 28 * Sec. 25. AS 17.38.070(c) is amended to read: 29 (c) The [NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 30 THE] following acts, when performed by a marijuana product manufacturing facility 31 with a current, valid registration, or a person 21 years of age or older who is acting in

01 the person's capacity as an owner, employee, or agent of a marijuana product 02 manufacturing facility, are lawful and are not offenses [SHALL NOT BE AN 03 OFFENSE] under Alaska law or bases [BE A BASIS] for seizure or forfeiture of 04 assets under Alaska law: 05 (1) packaging, processing, transporting, manufacturing, displaying, or 06 possessing marijuana or marijuana products; 07 (2) delivering or transferring marijuana or marijuana products to a 08 registered marijuana testing facility; 09 (3) receiving marijuana or marijuana products from a registered 10 marijuana testing facility; 11 (4) delivering or selling marijuana or marijuana products to a 12 registered retail marijuana store or a marijuana product manufacturing facility; 13 (5) purchasing marijuana from a registered marijuana cultivation 14 facility; and 15 (6) purchasing of marijuana or marijuana products from a registered 16 marijuana product manufacturing facility. 17 * Sec. 26. AS 17.38.070(d) is amended to read: 18 (d) The [NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 19 THE] following acts, when performed by a marijuana testing facility with a current, 20 valid registration, or a person 21 years of age or older who is acting in the person's 21 capacity as an owner, employee, or agent of a marijuana testing facility, are lawful and 22 are not offenses [SHALL NOT BE AN OFFENSE] under Alaska law or bases [BE A 23 BASIS] for seizure or forfeiture of assets under Alaska law: 24 (1) possessing, cultivating, processing, repackaging, storing, 25 transporting, displaying, transferring, or delivering marijuana; 26 (2) receiving marijuana or marijuana products from a registered 27 marijuana cultivation facility, a registered marijuana retail store, a registered 28 marijuana products manufacturer, or a person 21 years of age or older; and 29 (3) returning marijuana or marijuana products to a registered 30 marijuana cultivation facility, registered marijuana retail store, registered marijuana 31 products manufacturer, or a person 21 years of age or older.

01 * Sec. 27. AS 17.38.070(e) is amended to read: 02 (e) It [NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT] is 03 lawful and is [SHALL] not [BE] an offense under Alaska law or [BE] a basis for 04 seizure or forfeiture of assets under Alaska law to lease or otherwise allow the use of 05 property owned, occupied, or controlled by any person, corporation, or other entity for 06 any of the activities conducted lawfully in accordance with (a) - (d) of this section. 07 * Sec. 28. AS 17.38.070 is amended by adding a new subsection to read: 08 (h) A retail marijuana store may only sell or deliver marijuana or marijuana 09 products to a person who is present at the premises of the retail marijuana store. 10 * Sec. 29. AS 17.38.090 is amended by adding a new subsection to read: 11 (c) The board shall adopt a regulation that prohibits a retail marijuana store 12 from selling more than five grams of marijuana concentrate in one transaction to a 13 customer. 14 * Sec. 30. AS 17.38.110(a) is amended to read: 15 (a) A local government may prohibit the operation of marijuana cultivation 16 facilities, marijuana product manufacturing facilities, marijuana testing facilities, or 17 retail marijuana stores through the enactment of an ordinance or by a voter initiative. 18 The operation of marijuana cultivation facilities, marijuana product 19 manufacturing facilities, marijuana testing facilities, and retail marijuana stores 20 in the unorganized borough outside of a municipality is prohibited. An 21 established village may permit the operation of marijuana cultivation facilities, 22 marijuana product manufacturing facilities, marijuana testing facilities, or retail 23 marijuana stores as provided in AS 17.38.250. 24 * Sec. 31. AS 17.38.120(c) is amended to read: 25 (c) Nothing in this chapter is intended to permit the transfer of marijuana, with 26 or without remuneration or barter, to a person under [THE AGE OF] 21 years of age. 27 * Sec. 32. AS 17.38 is amended by adding new sections to read: 28 Sec. 17.38.200. Unlawful activity related to persons under 21 years of age. 29 (a) A registered marijuana establishment or an officer, agent, or employee of the 30 marijuana establishment may not knowingly 31 (1) allow a person to deliver marijuana to another person under 21

01 years of age within the registered premises; 02 (2) allow a person under 21 years of age to enter and remain within the 03 registered premises; 04 (3) allow a person under 21 years of age to use marijuana within the 05 registered premises; 06 (4) allow a person under 21 years of age to deliver marijuana; or 07 (5) while working on the registered premises, deliver marijuana to a 08 person under 21 years of age. 09 (b) The prohibition in (a)(2) of this section does not apply if the person under 10 21 years of age is accompanied by a parent, guardian, or spouse who has attained 21 11 years of age. 12 (c) A person who violates this section is guilty of a violation punishable by a 13 fine of at least $250 but not more than $500. 14 Sec. 17.38.210. Access of persons under 21 years of age to registered 15 premises. (a) A person under 21 years of age may not knowingly 16 (1) enter or remain on premises registered under this chapter where 17 marijuana, marijuana products, or marijuana accessories are sold; or 18 (2) present a birth certificate or other written evidence of age that is 19 fraudulent or false or that is not the person's own, or otherwise misrepresent the 20 person's age for the purpose of 21 (A) purchasing, attempting to purchase, or otherwise procuring 22 or attempting to procure marijuana or marijuana products; or 23 (B) gaining access to a registered marijuana establishment. 24 (b) A person does not violate (a) of this section if the person 25 (1) enters and remains on premises registered under this chapter at the 26 request of a peace officer, if the peace officer accompanies, supervises, or otherwise 27 observes the person's entry or remaining on premises, and the purpose for the entry or 28 remaining on premises is to assist in the enforcement of this section; 29 (2) is accompanied by a parent, guardian, or spouse who has attained 30 21 years of age; or 31 (3) is acting in the capacity of an employee or volunteer of an agency

01 providing emergency medical or fire protection services while on the premises. 02 (c) A person who violates this section is guilty of a violation and is punishable 03 by a fine of $300. 04 Sec. 17.38.220. Proof of registration to be exhibited on demand; penalty. 05 (a) A person shall have a copy of the person's registration issued under AS 17.38.100 06 in the person's immediate possession at all times when transporting more than one 07 ounce of marijuana, and shall present the copy of the registration for inspection upon 08 the demand of a peace officer or other authorized representative of the Department of 09 Public Safety. However, a person charged with violating this section may not be 10 convicted if the person produces in court or in the office of the arresting or citing 11 officer proof of registration previously issued to the person that was valid at the time 12 of the person's arrest or citation. 13 (b) A person convicted under this section is guilty of a violation punishable by 14 a fine of $100. 15 Sec. 17.38.230. Bail forfeiture for certain offenses. The supreme court shall 16 establish by rule or order a schedule of bail amounts that may be forfeited without 17 court appearance for a violation of AS 11.71.071, AS 17.38.200, 17.38.210, and 18 17.38.220. The supreme court, in establishing scheduled amounts of bail under this 19 section, may not allow for disposition of an offense without court appearance for a 20 person under 18 years of age who is cited for a violation of AS 11.71.071(a)(2)(A). 21 Sec. 17.38.240. Court records of violations of persons under 21 years of 22 age. The Alaska Court System may not publish on a publicly available website the 23 court records of a violation of AS 11.71.071(a)(2)(A) or AS 17.38.210 by a person 24 who was under 21 years of age at the time of the offense, after the court proceedings 25 are completed and the case is closed. 26 Sec. 17.38.250. Local options. (a) If a majority of the voters voting on the 27 question vote to approve the option, an established village shall exercise a local option 28 to permit the operation of one or more of the following types of marijuana 29 establishments: 30 (1) marijuana cultivation facilities; 31 (2) marijuana product manufacturing facilities;

01 (3) marijuana testing facilities; or 02 (4) retail marijuana stores. 03 (b) A ballot question to adopt a local option under this section must at least 04 contain language substantially similar to the following: "Shall (name of village) adopt 05 a local option to permit (specify local option under (a) of this section)? (yes or no)." 06 Sec. 17.38.260. Removal of local options. (a) If a majority of the voters 07 voting on the question vote to remove the option, an established village shall remove a 08 local option previously adopted under AS 17.38.250. The option is repealed effective 09 the first day of the month following certification of the results of the election. 10 (b) A ballot question to remove a local option under this section must at least 11 contain language substantially similar to the following: "Shall (name of village) 12 remove the local option currently in effect, that permits (current local option under 13 AS 17.38.250(a)), so that there is no longer any local option in effect? (yes or no)." 14 Sec. 17.38.270. Effect on registrations of removal of local option 15 permitting marijuana establishments. If a majority of voters vote to remove a local 16 option permitting the operation of marijuana establishments under AS 17.38.260, the 17 board may not issue, renew, or transfer, between persons or locations, a registration 18 for a marijuana establishment located within the perimeter of the established village. A 19 registration that may not be renewed because of a local option election held under 20 AS 17.38.260 is void 90 days after the results of the election are certified. A 21 registration that expires during the 90 days after the results of a local option election 22 are certified may be extended, until it is void under this section, by payment of a 23 prorated portion of the annual registration fee. 24 Sec. 17.38.280. Procedure for local option elections. (a) An election to adopt 25 a local option under AS 17.38.250 or remove a local option under AS 17.38.260 shall 26 be conducted as required in this section. 27 (b) Upon receipt of a petition of 35 percent or more of the registered voters 28 residing within an established village, the lieutenant governor shall place on a separate 29 ballot at a special election the local option or removal of local option that constitutes 30 the subject of the petition. The lieutenant governor shall conduct the election under 31 AS 15.

01 (c) An election under (b) of this section to remove a local option may not be 02 conducted during the first 24 months after the local option was adopted or more than 03 once in a 36-month period. 04 (d) After a petition has been certified as sufficient to meet the requirements of 05 (b) of this section, another petition may not be filed or certified until after the question 06 presented in the first petition has been voted on. A local option question to permit the 07 operation of marijuana cultivation facilities, marijuana product manufacturing 08 facilities, marijuana testing facilities, or retail marijuana stores or to permit all 09 marijuana establishments may be presented in one election. 10 Sec. 17.38.290. Establishment of perimeter of established village. (a) 11 Except as provided under (b) and (c) of this section, for purposes of AS 17.38.250 and 12 17.38.270, the perimeter of an established village is a circle around the established 13 village that includes an area within a five-mile radius of the post office of the 14 established village. If the established village does not have a post office, the perimeter 15 of an established village is a circle around the established village that includes an area 16 within a five-mile radius of another site selected by the local governing body or by the 17 board if the established village does not have a local governing body. 18 (b) If the perimeter of an established village determined under (a) of this 19 section includes any area that is within the perimeter of another established village 20 and, if the other established village has 21 (1) also adopted a local option under AS 17.38.250, the local option of 22 the established village that is less restrictive applies in the overlapping area; 23 (2) not adopted a local option under AS 17.38.250, the local option 24 does not apply in the overlapping area. 25 (c) If the board determines that the perimeter of an established village as 26 provided under (a) and (b) of this section does not accurately reflect the perimeter of 27 the established village, the board may establish the perimeter of the established village 28 and the areas of overlapping perimeter described under (b) of this section for purposes 29 of applying a local option selected under this chapter. 30 Sec. 17.38.300. Notice of the results of a local option election. If a majority 31 of the voters vote to adopt or remove a local option under AS 17.38.250 or 17.38.260,

01 the lieutenant governor shall notify the board of the results of the election immediately 02 after the results are certified. The board shall immediately notify the Department of 03 Law and the Department of Public Safety of the results of the election. 04 Sec. 17.38.310. Peace officer powers. The director of the board and the 05 persons employed for the administration and enforcement of this chapter and the 06 provisions of AS 11.71.040 - 11.71.071 involving a schedule VIA controlled 07 substance may, with the concurrence of the commissioner of public safety, exercise 08 the powers of peace officers when those powers are specifically granted by the board. 09 Powers granted by the board under this section may be exercised only when necessary 10 for the enforcement of the criminally punishable provisions of this chapter, the 11 provisions of AS 11.71.040 - 11.71.071 involving a schedule VIA controlled 12 substance, regulations of the board, and other criminally punishable laws and 13 regulations. 14 * Sec. 33. AS 17.38.900(6) is amended to read: 15 (6) "marijuana" means all parts of the plant of the genus cannabis 16 whether growing or not, the seeds thereof, the resin extracted from any part of the 17 plant, and every compound, manufacture, [SALT,] derivative, mixture, or preparation 18 of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does 19 not include fiber produced from the stalks, oil [,] or cake made from the seeds of the 20 plant, sterilized seed of the plant that [WHICH] is incapable of germination, or the 21 weight of any other ingredient combined with marijuana to prepare topical or oral 22 administrations, food, drink, or other products; 23 * Sec. 34. AS 17.38.900 is amended by adding new paragraphs to read: 24 (15) "deliver" means the actual, constructive, or attempted transfer 25 from one person to another of marijuana, whether or not there is an agency 26 relationship; 27 (16) "established village" means an area that does not contain any part 28 of an incorporated city or another established village and that is an unincorporated 29 community that is in the unorganized borough and that has 25 or more permanent 30 residents; 31 (17) "knowingly" has the meaning given in AS 11.81.900;

01 (18) "manufacture" has the meaning given in AS 11.71.900; 02 (19) "marijuana concentrate" means a product created from resins of or 03 by extracting cannabinoids from any part of the plant (genus) Cannabis; 04 (20) "public place" has the meaning given in AS 11.81.900; 05 (21) "usable marijuana" has the meaning given in AS 11.71.900. 06 * Sec. 35. AS 28.35.029(a) is amended to read: 07 (a) A person may not drive a motor vehicle on a highway or vehicular way or 08 area, when there is an open bottle, can, or other receptacle containing an alcoholic 09 beverage or an open marijuana container in the passenger compartment of the 10 vehicle, except as provided in (b) of this section. 11 * Sec. 36. AS 28.35.029(b) is amended to read: 12 (b) Except as provided in AS 28.33.130, a person may transport an open bottle, 13 can, or other receptacle containing an alcoholic beverage or an open marijuana 14 container 15 (1) in the trunk of a motor vehicle; 16 (2) on a motor driven cycle, or behind the last upright seat in a motor 17 home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or 18 other receptacle, or an open marijuana container is enclosed within another 19 container; 20 (3) behind a solid partition that separates the vehicle driver from the 21 area normally occupied by passengers; or 22 (4) if the open bottle, can, or other receptacle, or an open marijuana 23 container is in the possession of a passenger in a motor vehicle for which the owner 24 receives direct monetary compensation and that has a capacity of 12 or more persons. 25 * Sec. 37. AS 28.35.029(c) is amended by adding new paragraphs to read: 26 (6) "marijuana" has the meaning given in AS 11.71.900; 27 (7) "open marijuana container" means a receptacle that contains any 28 amount of marijuana and that is open or has a broken seal, and any amount of 29 marijuana is removed while in the vehicle. 30 * Sec. 38. AS 34.03.360(7) is amended to read: 31 (7) "illegal activity involving a controlled substance" means a violation

01 of AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1) [, (2),] or 02 (5); 03 * Sec. 39. AS 47.12.030(b) is amended to read: 04 (b) When a minor is accused of violating a statute specified in this subsection, 05 other than a statute the violation of which is a felony, this chapter and the Alaska 06 Delinquency Rules do not apply and the minor accused of the offense shall be 07 charged, prosecuted, and sentenced in the district court in the same manner as an 08 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 09 subsection, the minor's parent, guardian, or legal custodian shall be present at all 10 proceedings; the provisions of this subsection apply when a minor is accused of 11 violating 12 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 13 a municipality; 14 (2) AS 11.76.105, relating to the possession of tobacco by a person 15 under 19 years of age; 16 (3) a fish and game statute or regulation under AS 16; 17 (4) a parks and recreational facilities statute or regulation under 18 AS 41.21; 19 (5) AS 04.16.050, relating to possession, control, or consumption of 20 alcohol, except for conduct constituting habitual minor consuming or in possession or 21 control under AS 04.16.050(d); [AND] 22 (6) a municipal curfew ordinance, whether adopted under AS 29.35.085 23 or otherwise, unless the municipality provides for enforcement of its ordinance under 24 AS 29.25.070(b) by the municipality; in place of any fine imposed for the violation of 25 a municipal curfew ordinance, the court shall allow a defendant the option of 26 performing community work; the value of the community work, which may not be 27 lower than the amount of the fine, shall be determined under AS 12.55.055(c); in this 28 paragraph, "community work" includes the work described in AS 12.55.055(b) or 29 work that, on the recommendation of the municipal or borough assembly, city council, 30 or traditional village council of the defendant's place of residence, would benefit 31 persons within the municipality or village who are elderly or disabled;

01 (7) AS 11.71.071(a)(2)(A), relating to possession, use, and display of 02 usable marijuana; and 03 (8) AS 17.38.210, relating to access to marijuana establishments. 04 * Sec. 40. AS 11.71.040(a)(2), 11.71.060(a)(1), 11.71.060(a)(2)(A), 11.71.160(f)(1), 05 11.71.160(f)(2), 11.71.160(f)(3); AS 17.38.030, 17.38.040, and 17.38.050 are repealed. 06 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. AS 11.41.110(a), as amended by sec. 3 of this Act, 09 AS 11.41.150(a), as amended by sec. 4 of this Act, AS 11.56.375(a), as amended by sec. 5 of 10 this Act, AS 11.56.380(a), as amended by sec. 6 of this Act, AS 11.71.030(a), as amended by 11 sec. 7 of this Act, AS 11.71.040(a), as amended by sec. 8 of this Act, AS 11.71.050(a), as 12 amended by sec.10 of this Act, AS 11.71.060(a), as amended by sec. 12 of this Act, and 13 AS 11.71.071, enacted by sec. 14 of this Act, apply to offenses committed on or after the 14 effective date of this Act. 15 * Sec. 42. This Act takes effect immediately under AS 01.10.070(c).