04/15/2015 01:30 PM Senate JUDICIARY

        HB  75-MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT                                                                    
                                                                                                                                
2:49:58 PM                                                                                                                    
VICE CHAIR COGHILL  announced the consideration of HB 75. "An Act                                                               
relating  to  the  registration of  marijuana  establishments  by                                                               
municipalities;  relating  to   the  definition  of  'marijuana';                                                               
clarifying standards for personal use  of marijuana by persons 21                                                               
years  of age  or older;  prohibiting the  public consumption  of                                                               
marijuana;  authorizing  the  registration  of  marijuana  clubs;                                                               
relating to  established villages  and to local  option elections                                                               
regarding   the  operation   of  marijuana   establishments;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
2:50:33 PM                                                                                                                    
REPRESENTATIVE CATHY  TILTON, sponsor of  HB 75, described  HB 75                                                               
as  a  guidebook  for  municipalities   as  they  put  ordinances                                                               
together  [to  regulate marijuana  clubs].  She  deferred to  her                                                               
staff to discuss the substantive parts of the bill.                                                                             
                                                                                                                                
HEATH HILYARD, Staff, Representative  Cathy Tilton, said he would                                                               
speak to the comprehensive  Senate Judiciary committee substitute                                                               
on Friday and today he would describe the policy components.                                                                    
                                                                                                                                
   · Page 2, line 21, has a household limit of 24 marijuana                                                                     
     plants.                                                                                                                    
   · It clarifies what aiding and supporting any activities for                                                                 
     personal use of marijuana constitutes.                                                                                     
   · It provides that established villages may hold local                                                                       
    elections to opt out of commercial marijuana activities.                                                                    
   · Several sections clarify that municipalities may use their                                                                 
     own ordinances in some of the decision making situations if                                                                
     they have a version of the Administrative Procedures Act                                                                   
     similar to AS 44.62.                                                                                                       
   · Page 6, lines 2-3, stipulates that municipalities that                                                                     
     currently  have the  power to  establish civil  and criminal                                                               
     penalties  related  to  alcohol   also  have  the  power  to                                                               
     establish  civil   and  criminal  penalties   for  marijuana                                                               
     violations of commercial establishments  only with regard to                                                               
     time, place, and manner. This is consistent with Title 4.                                                                  
   · It provides the local option for established villages that                                                                 
     is modified based on Title 4 as it currently exists.                                                                       
   · It includes the establishment of marijuana clubs at the                                                                    
     request of several municipalities.                                                                                         
   · A provision on page 10, line 20, allows the supreme court                                                                  
     to establish a bail schedule that does not require a court                                                                 
     appearance.                                                                                                                
   · Page 11 provides important definitions. In particular the                                                                  
     term "manufacture"  has the meaning  given in  AS 11.71.900,                                                               
     which  stipulates   that  grow  for  personal   use  is  not                                                               
     considered manufacture.  The definition of  "marijuana club"                                                               
     stipulates that  it is  not considered  a public  place, and                                                               
     public place is given a definition.                                                                                        
                                                                                                                                
VICE CHAIR  COGHILL shared  that he  was not  a fan  of marijuana                                                               
clubs because of the question of determining inebriation.                                                                       
                                                                                                                                
MR. HILYARD  responded that  marijuana club  is loosely  based on                                                               
what  a  bottle club  in  under  Title 4.  He  said  this was  in                                                               
response to request  from municipalities, but it's  a policy call                                                               
for this committee.                                                                                                             
                                                                                                                                
2:58:14 PM                                                                                                                    
VICE  CHAIR  COGHILL   held  HB  75  in   committee  for  further                                                               
consideration.