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.