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Measure 2 (Marijuana) – Local Control Exists

I recently received a mailing that claimed that under villages would not have the right to control marijuana if Ballot Measure 2 passes. In fact, they would have considerable control over a new marijuana industry and not lose any control they currently have over personal possession or use of marijuana. If you visit the Region I Official Election Pamphlet and look at page 86 of the PDF file, you’ll find this section on local control:

Sec. 17.38.110. Local control.
(a) A local government may prohibit the operation of marijuana cultivation facilities,
marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana
stores through the enactment of an ordinance or by a voter initiative.
(b) A local government may enact ordinances or regulations not in conflict with this chapter
or with regulations enacted pursuant to this chapter, governing the time, place, manner
and number of marijuana establishment operations. A local government may establish civil
penalties for violation of an ordinance or regulation governing the time, place, and manner of
a marijuana establishment that may operate in such local government.
(c) A local government may designate a local regulatory authority that is responsible for
processing applications submitted for a registration to operate a marijuana establishment
within the boundaries of the local government. The local government may provide that the
local regulatory authority may issue such registrations should the issuance by the local
government become necessary because of a failure by the board to adopt regulations

pursuant to AS 17.38.090 or to accept or process applications in accordance with AS
17.38.100.
(d) A local government may establish procedures for the issuance, suspension, and
revocation of a registration issued by the local government in accordance with (f) of this
section or (g) of this section. These procedures shall be subject to all requirements of AS
44.62, the Administrative Procedure Act.
(e) A local government may establish a schedule of annual operating, registration, and
application fees for marijuana establishments, provided, the application fee shall only be
due if an application is submitted to a local government in accordance with (f) of this section
and a registration fee shall only be due if a registration is issued by a local government in
accordance with (f) of this section or (g) of this section.
(f) If the board does not issue a registration to an applicant within 90 days of receipt of
the application filed in accordance with AS 17.38.100 and does not notify the applicant of
the specific, permissible reason for its denial, in writing and within such time period, or if the
board has adopted regulations pursuant to AS 17.38.090 and has accepted applications
pursuant to AS 17.38.100 but has not issued any registrations by 15 months after the
effective date of this act, the applicant may resubmit its application directly to the local
regulatory authority, pursuant to (c) of this section, and the local regulatory authority
may issue an annual registration to the applicant. If an application is submitted to a local
regulatory authority under this paragraph, the board shall forward to the local regulatory
authority the application fee paid by the applicant to the board upon request by the local
regulatory authority.
(g) If the board does not adopt regulations required by AS 17.38.090, an applicant may
submit an application directly to a local regulatory authority after one year after the effective
date of this act and the local regulatory authority may issue an annual registration to the
applicant.
(h) A local regulatory authority issuing a registration to an applicant shall do so within
90 days of receipt of the submitted or resubmitted application unless the local regulatory
authority finds and notifies the applicant that the applicant is not in compliance with
ordinances and regulations made pursuant to (b) of this section in effect at the time the
application is submitted to the local regulatory authority. The local government shall notify
the board if an annual registration has been issued to the applicant.
(i) A registration issued by a local government in accordance with (f) of this section or (g)
of this section shall have the same force and effect as a registration issued by the board
in accordance with AS 17.38.100. The holder of such registration shall not be subject to
regulation or enforcement by the board during the term of that registration.
(j) A subsequent or renewed registration may be issued under (f) of this section on an
annual basis only upon resubmission to the local government of a new application submitted
to the board pursuant to AS 17.38.100.
(k) A subsequent or renewed registration may be issued under (g) of this section on an
annual basis if the board has not adopted regulations required by AS 17.38.090 at least
90 days prior to the date upon which such subsequent or renewed registration would be
effective or if the board has adopted regulations pursuant to AS 17.38.090 but has not, at
least 90 days after the adoption of such regulations, issued registrations pursuant to AS
17.38.100.
(l) Nothing in this section shall limit such relief as may be available to an aggrieved party under AS 44.62, the Administrative Procedure Act

You’ll notice as I did that the initiative is silent on personal possession and use. That’s because the State Supreme court ruled a long time ago that small amounts of marijuana in a person’s home was protected by the privacy clause of the Alaska Constitution, as acknowledged by the Alaska Department of Law. So villages would not be losing any authority to ban marijuana use entirely because they haven’t had that authority since 1975. They WILL be able to ban retail sales and growing operations or elect to collect licensing fees on operations in their communities.

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