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STATE HAS MORE THAN A YEAR TO ISSUE COMMERCIAL POT LICENSES

JUNEAU - Legalized marijuana could become a flowering industry in Alaska, but for any business considering to cash in on Tuesday by selling pot or even hosting a public bring-your-own-bud party, state officials, lawmakers and marijuana legalization advocates have one thing to say:

Not yet.

What Ballot Measure 2, the state's new marijuana law approved in November, does effective Tuesday is to legalize possession of up to one ounce of marijuana by a person 21 or older outside the home and allow a person to grow up to six plants at home.  But it'll take more than a year for marijuana commercialization, authorized in the same ballot measure, to get the green light.

Measure 2 gave the state more than a year to begin permitting and licensing marijuana growers, businesses and events.  Until then, making money off marijuana could bring you trouble, said Alcoholic Beverage Control Board Executive Director Cynthia Franklin.

"When they talk about having a pot stock - like Woodstock - where they're clearly anticipating people smoking pot or having more than one ounce, they're going to be pretty quickly running afoul of the law," she said.  "Whether that's objected to or enforced is going to depend on the jurisdiction."

One of the biggest risks, Franklin said, will be the fact consuming marijuana in public is still a crime, with a $100 fine.  The definition the ABC Board could adopt by regulation during an emergency meeting at 7 a.m.  Tuesday would cover any businesses the public can access, bars and restaurants included.

Additionally, the Legislature is considering a bill that would remove marijuana from the state's list of controlled substances.  But until that passes, people could face more serious penalties for having marijuana in quantities greater than one ounce.

Franklin said an easy way to know if you're on the right side of the law or not is to consider whether or not the activity would require a license or a permit if it were for alcohol instead of marijuana.  That's because Measure 2 sought to legalize and regulate marijuana like alcohol.

If the activity would require a license or permit, "then you can guarantee it's out of bounds," she said.

All public events that feature alcohol currently require ABC approval to ensure proper security is in place, and bars must have liquor licenses.  A bring-your-own-marijuana party now would be similar to an illegal bottle club, Franklin said.

But a private get-together among friends doesn't require an ABC permit, and that would be the case with marijuana, she said.

Marijuana licenses or permits won't be available until the state and the Legislature produce the regulations for them.

"The act says we get to make those regulations and we're given time to do it," she said.  "On Feb.  24, that's not the time for marijuana businesses and to officially invite public in and bring your own bud to any of these events."

Patience is the word

Pot-related events are showing up on calendars, like the "Mardi Grass" at the Blue Loon, which is owned by Rep.  Adam Wool, D-Fairbanks.  But the notice of the event has a bold disclaimer that "the Blue Loon is a non-smoking business all the time every day."

In an interview on Saturday, Wool said he's not going to let people smoke at the Blue Loon.

"I do a Mardi Gras party every year, but on this Tuesday, the Prop.  2 ballot initiative becomes law, so I'm combining the two.  It's Prop Tuesday and Fat Tuesday," he said.  "Basically it's another opportunity for a party."

But it's a party without marijuana, Wool was careful to reiterate throughout the interview.

Wool said the Blue Loon would likely be interested in getting involved with the marijuana business if the regulations allow.

"I've had a lot of people asking me about it, but with everything up in the air, I just tell them to wait," he said.

And that's probably a good move, according to Franklin, who said not only could businesses and their patrons get in trouble with local law enforcement but also it won't look good if they want to later do things legitimately when the regulations do go into effect.

That's because licenses are likely to be awarded based on merit; businesses and potential business owners who have a good track record are more likely to gain approval.

"Anybody who's making up their own rules now is likely to be preventing themselves from getting a license later," she said.

Franklin also was candid about the public message it would send for businesses to begin selling marijuana early or start hosting big public parties.  The Legislature, which has so far been eager to follow the intent of the initiative and allow a commercial marijuana industry to succeed, is still in session.

"With the Legislature in session, why in the world would the people who voted for this throw this in their faces?" she said.  "My message is that all that's legal is that personal use and possession.  Feb.  24 is our start date, not our end date.  So for all the rest of it, we will have to be patient."