Pubdate: Tue, 26 Jan 2016
Source: Alaska Dispatch News (AK)
Copyright: 2016 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

ALASKA MARIJUANA RULES MOVE FORWARD, WITH TWO EXCEPTIONS

All but two parts of Alaska's rules governing commercial marijuana 
were approved by the state government Friday, with one section 
addressing criminal background checks and another providing 
exceptions to marijuana testing for growers in rural areas struck 
down by the state Department of Law.

On Dec. 1, the five-member Marijuana Control Board made its final 
tweaks to the rules outlining Alaska's commercial marijuana industry. 
The 127-page document outlines everything from grower operations to 
testing and processing requirements, and includes a provision 
allowing for on-site consumption of marijuana at retail stores, the 
first law of its kind in the nation.

Nearly all of the regulations passed a subsequent review by the 
Department of Law, save two pieces of the text, senior assistant 
attorney general Steven Weaver wrote in a letter to Lt. Gov. Byron 
Mallott, who signed the regulations Friday.

The first thing struck down by the Department of Law was a line 
requiring a national criminal history record check. That authority 
must come from state statute, not the board's regulation, Weaver wrote.

A fix is already in the works, according to Marijuana Control Board 
chair Bruce Schulte. "There's already steps being taken to get that 
in front of the Legislature for their consideration," Schulte said.

The second section taken out by the Department of Law is a little 
trickier to rectify, Schulte said.

All marijuana must be tested for both potency and microbials, but 
whether rural growers will have access to testing facilities is still 
up in the air. Testing equipment is expensive, and those facilities 
will likely be located on the state's limited road system, Schulte said.

"This is a problem because intra-state transportation by air remains 
problematic," Schulte said, and sending marijuana to testing 
facilities isn't condoned by the Federal Aviation Administration.

The Marijuana Control Board attempted to address the issue by 
allowing "alternative means of testing" if "geographic location and 
transportation limitations" make it unfeasible.

That allowance was struck down by the Department of Law. Weaver wrote 
that the language lacks standards to apply the definition in a 
consistent or unbiased way.

"I was just trying to acknowledge the fact that the rural communities 
have a real challenge," Schulte said of the rule language, which he 
introduced despite being forewarned that the Department of Law had 
issues with the amendment.

For now, that issue will remain up in the air, Schulte said.

"Everyone involved expects these regulations to evolve and be refined 
over time," Schulte said. "It's my hope that in the meantime folks 
that are in the rural communities ... will come forward with some 
suggested changes" to the rules.

The regulations go into effect on Feb. 21. A few days later, on Feb. 
24, the state must begin accepting license applications. The first 
licenses must be issued in May, according to state law.
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MAP posted-by: Jay Bergstrom