The Alaska Marijauna Initiate

Alaska Ballot Measure 2, what does it mean to you?

DISCLAIMER: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

In November of 2014, Alaska voters approved AS 17.38, an initiative that ended marijuana prohibition and implemented a system where marijuana is taxed and regulated like alcohol.  This new law will take effect on February 24, 2015  and will allow adults 21 years of age and older to possess up to 1 ounce of marijuana and grow limited amounts in their home.

AS 17.38 FAQ

The following has been taken from the Alsaka ABC Board website

What is the effective date of the new legislation?

February 24, 2015.

Will it continue to be a criminal offense for persons under 21 years of age to possess any amount of marijuana following the effective date of AS 17.38 on February 24, 2015?

Yes.

How much harvested marijuana does AS 17.38 allow an unlicensed person to possess in his or her home?

Four ounces or less—AS 17.38.020 allows for the in-home production and possession of marijuana for personal use. The Alaska Court of Appeals in Noy v. State, 80 P.3d 255 (Alaska App. 2003) ruled that possession of marijuana in an amount greater than four ounces is not personal use possession. Additionally, AS 17.38.020 specifies it will be lawful to possess marijuana harvested from up to six plants (three or fewer being mature, flowering plants) on the premises where the plants were grown.

Can a property owner ban someone from possessing, growing or consuming marijuana on his/her private property?

Yes. AS 17.38.120(d) states that a person, employer, school, hospital, recreation or youth center, correction facility, corporation or any other entity who occupies, owns or controls private property may prohibit or otherwise regulate the possession, consumption, use, display, transfer, distribution, sale, transportation or growing of marijuana on or in that property. Persons who violate the policy are subject to prosecution for the misdemeanor offense of criminal trespass in violation of AS 11.41.46.330.

What types of licenses will be available?

The types of licenses and process for acquiring them have yet to be determined. AS 17.38 gives the State of Alaska nine months to develop regulations for licensing.

What is the timeline for implementation of the proposition?

November 4, 2014 – Statewide election held. Ballot Measure 2 passes 53% to 47%.
November 24, 2014 – Vote certified by Division of Elections. Statues will be enacted by operation of law 90 days later.
January 20, 2015 – Legislature gavels in. Multiple bills related to the marijuana industry are anticipated.
February 24, 2015 – Statutes are enacted. The nine month deadline for developing regulations begins.
April 19, 2015 – Legislature scheduled to adjourn.
November 24, 2015 – Deadline for the board to adopt regulations; if not adopted by this date, local governments have the option of establishing their own regulations. Final regulations package submitted to the Governor’s Office and Department of Law for review and approval.
February 24, 2016 – Board must start accepting applications and must act on them within 90 days of receipt of application. If the board has not adopted regulations, applications may be submitted directly to local regulatory authorities.
March 26, 2016 – Tentative effective date of regulations; effective date will be 30 days after the Lt. Governor’s Office files the approved regulations.
May 24, 2016 – Initial marijuana industry licenses expected to be awarded.