Pubdate: Thu, 22 Jan 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 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

KENAI PENINSULA BOROUGH WILL CONSIDER MARIJUANA FARM BAN ON LEGALIZATION DAY

On Feb. 24, the day recreational marijuana is legalized in Alaska, 
the Kenai Peninsula Borough Assembly will consider an ordinance 
banning marijuana farms on the Southcentral peninsula.

If passed, the ordinance would head to the ballot in October, and 
voters would decide whether to ban "marijuana cultivation facilities" 
in the unincorporated borough, which covers more than 25,000 square 
miles on the Kenai Peninsula and the west side of Cook Inlet. The 
borough includes the towns of Soldotna, Kenai, Seward and Homer, as 
well as Alaska Native communities, including Tyonek.

Unexpectedly lengthy testimony at the borough's Assembly meeting 
Tuesday evening overwhelmingly opposed the introduction of the 
ordinance, which was not technically up for public hearing. Even 
after Assembly members had voted to set a public hearing date, 
community members continued to testify about the ordinance.

"I think it's way too soon," Kasilof resident Vera Renner testified.

"You're losing a big opportunity to create a little more revenue, " 
Sterling resident Mike Harris told the Assembly.

"There are already large-scale cultivations all over this peninsula," 
Fritz Creek resident Beth Carroll said. "They are not regulated, they 
are not necessarily safe and they aren't acting in the best interest 
of their community."

Those in favor of the ordinance's introduction testified that the 
Assembly had a right to consider the issue.

Assembly member Kelly Wolf, who introduced the ordinance, said before 
Tuesday's meeting that he intended to push the ordinance's public 
hearing date back to the summer, after the state Legislature had 
hashed out some of the regulations. However, that date wasn't moved 
back, and the Assembly will hear the ordinance on Feb. 24, the same 
day that recreational marijuana use becomes legal. After that the 
state has nine months to craft regulations.

"I have a little bit of a concern personally that individuals may be 
excited to ramp up early," Wolf said about why he introduced the 
ordinance before regulations are in place.

"I want this to be known that it's there and if you choose to set up, 
start spending money without knowing what the regulations (are) ... 
you take your own risk." Wolf said.

Zoning regulations, property value and crime

Around 80 percent of the Kenai Peninsula's population lives in the 
unincorporated borough, which composes 94 percent of all private 
lands on the peninsula, said Marcus Mueller, land management officer 
with the borough's Land Management Division.

Wolf said he introduced the ordinance in part due to lax zoning 
requirements in the unincorporated borough.

"There'd be no control on where you put a farm," he said.

Wolf said he didn't want to see the borough government grow in order 
to regulate the farms. "My concern is this boils down into a zoning 
issue down the road. We could be spending huge amounts of tax 
dollars," Wolf said.

How marijuana farms would affect the value of adjacent properties was 
a concern raised by constituents, Wolf said. Others voiced concerns 
that large-scale marijuana farms would bring crime and a "black 
market" to neighborhoods, Wolf said.

"If people know there's a marijuana farm down the street, is that 
going to draw individuals to try to come steal from that marijuana 
farm?" he asked.

The ban would not include incorporated cities, such as Homer or 
Seward. It also would not affect the establishment or operation of 
retail marijuana stores.

"I made the personal decision not to address (retail stores)," Wolf 
said. Wolf, who said he has never tried marijuana, said he recognizes 
that marijuana has medical benefits.

'It just seems premature'

"It just seems premature to be raising issues like this," said Tim 
Hinterberger, chair of the Campaign to Regulate Marijuana Like 
Alcohol on Alaska.

"People are imagining problems before there's any sign that there's 
going to be any problems," Hinterberger said.

Wolf acknowledged that the subject was divisive and emotional. 
Introducing the ordinance was a "no-win" for a politician, he said.

However, "the people should have the right to vote on this," Wolf 
said, as Ballot Measure 2 -- the statewide ballot initiative 
legalizing marijuana that voters approved in November -- allows for 
communities to opt out. He noted that the initiative failed in some 
voting districts on the Kenai.

At the end of the evening, the Assembly voted 5-4 in favor of setting 
a date -- Feb. 24 -- for public hearing on the ordinance.

Whether the Assembly makes a decision on the ordinance that day will 
depend on how much public testimony takes place, Wolf said.
- ---
MAP posted-by: Jay Bergstrom