Pubdate: Sat, 20 Dec 2014
Source: Alaska Dispatch News (AK)
Copyright: 2014 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Laurel Andrews

WALKER EXPLORING WHETHER MARIJUANA REGULATION TIMELINE CAN BE EXTENDED

Gov. Bill Walker is reviewing whether the state can extend its 
timeline for crafting marijuana regulations, spokesperson Grace Jang 
said Friday.

Extending the deadline could aid in crafting better regulations, Jang 
said. But marijuana industry advocates fear the delay could 
negatively influence the Legislature, which can repeal the initiative 
legalizing recreational marijuana two years after its effective date.

"The initiative creates a new industry that will require regulatory 
infrastructure that Alaska has to create from scratch and within a 
very short period of time. It's no easy task," Jang said.

Walker is "exploring whether the timeline can be slightly extended 
without violating the intent of the act," Jang said, to create the 
"best possible regulations from the beginning."

Recreational marijuana will become legal Feb. 24. On that day, 
Alaskans can legally possess and transport up to 1 ounce of 
marijuana, or be in possession of six plants, three of which can be 
mature. That won't change regardless of whether the regulatory 
process is extended.

Feb. 24 also marks the first day of the state's timeline to craft 
regulations. By November 2015, nine months later, the state is 
supposed to have safety and health, security, advertising and 
numerous other regulations surrounding marijuana businesses complete. 
As laid out in the initiative, the state will then begin accepting 
business applications in February 2016 and begin issuing business 
licenses no later than May 2016.

"The timelines that are set out ... are tight. Very tight," said 
Alcoholic Beverage Control Board director Cynthia Franklin. The ABC 
Board will be in charge of crafting the regulations unless the 
Legislature creates a marijuana control board.

"The question on everyone's mind is ... what happens if you can't get 
it done in that timeframe?" Franklin said.

An extension of the timeline would likely come as an amendment from 
the Legislature, Franklin said. The question is whether extending the 
timeline would constitute a change of the voter initiative. If it 
did, the amendment could be challenged in court.

Franklin explained that the tight timeline laid out by Ballot Measure 
2 was "very intentional."

The Legislature can repeal the initiative in February 2017. If the 
state's regulatory process were delayed long enough that no business 
licenses were issued by that point, repealing the ballot measure 
would be easier, Franklin said.

Jang said "that's not the governor's intent at all" in considering an 
extension of the regulatory process.

Walker, an opponent of the initiative, is "committed to upholding the 
will of the people," Jang wrote.

Bruce Schulte, spokesperson for the Coalition for Responsible 
Cannabis Legislation -- an association formed to influence the 
regulatory process -- agreed that a repeal by the Legislature would 
be more difficult after investments were made in the industry. A 
larger issue, Schulte said, is demonstrating that the industry can 
function responsibly.

"If this is done right, then the Legislature will have no reason to 
repeal it. But we can't demonstrate that unless we have some period 
of time" to set up the businesses, Schulte said.
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MAP posted-by: Jay Bergstrom