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Laws That Affect Customers

Alaska Marijuana Statutes

-You must be over the age of 21 to possess, grow, or consume cannabis (Sec. 17.38.020)

Sec. 17.38.020. Personal use of marijuana.

Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and are not criminal or civil offenses under Alaska law or the law of any political subdivision of Alaska or bases for seizure or forfeiture of assets under Alaska law:

(1) possessing, using, displaying, purchasing, or transporting marijuana accessories or

one ounce or less of marijuana;

(2) possessing, growing, processing, or transporting not more than six marijuana plants,

with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, except that not more than 12 marijuana plants, with six or fewer being mature, flowering plants, may be present in a single dwelling regardless of the number of persons 21 years of age or older residing in the dwelling;

(3) transferring one ounce or less of marijuana and up to six immature marijuana plants

to a person who is 21 years of age or older without remuneration;

(4) consumption of marijuana, except that nothing in this chapter permits the

consumption of marijuana in public; and

(5) assisting, aiding, or supporting another person who is 21 years of age or older in any

of the acts described in (1) ‐ (4) of this section.

 

-If growing cannabis privately, you may have up to 12 plants with no more than 6 being in flower at any given time (Sec. 17.38.020(2))

 

Sec. 17.38.030. Restrictions on personal cultivation, penalty.

(a) The personal cultivation of marijuana described in AS 17.38.020(2) is subject to the following terms:

(1) marijuana plants shall be cultivated in a location where the plants are not subject to

public view without the use of binoculars, aircraft, or other optical aids;

(2) a person who cultivates marijuana must take reasonable precautions to ensure the

plants are secure from unauthorized access;

(3) marijuana cultivation may only occur on property lawfully in possession of the

cultivator or with the consent of the person in lawful possession of the property.

(b) A person who violates this section while otherwise acting in compliance with AS

17.38.020(2) is guilty of a violation punishable by a fine of up to $750.

 

-Personally grown cannabis must be in a location that is out of sight of the public and secure from access by the public (Sec. 17.38.030)

 

-Public cannabis consumption is punishable by a fine of up to $100 (Sec. 17.38.040)

 

Sec. 17.38.040. Public consumption banned, penalty.

It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100.

 

Anchorage Municipal Code

 

– You may not use cannabis on the property of a retail establishment unless the establishment has a secure and well-ventilated area specifically designated for doing so, as well as the proper licensing requirements. (Article 10.80.306)

 

10.80.306 – On-site consumption endorsement for retail marijuana stores.

  1. Unless prohibited by local or state law, a freestanding licensed retail marijuana store with an approved on-site consumption endorsement is authorized to:
  1. Sell marijuana and marijuana products, excluding marijuana concentrates, to patrons for consumption on the licensed premises at the time of purchase in compliance with this section and section 21.05.055 or 21.50.420, as applicable.
  2. Sell for consumption on the premises:
  1. Reserved.
  2. Edible marijuana products in quantities not to exceed ten mg of THC to any one person per day.
  3. Sell food or beverages not containing marijuana or alcohol for consumption on the premises.
  4. Allow a person to remove from the licensed premises marijuana or marijuana product that has been purchased on the licensed premises for consumption under this section, provided it is packaged in accordance with section 10.80.345.

 

-To work in the cannabis industry you need to pass a training course to qualify for a permit licensed by the state. (Article 10.80.700)

 

10.80.700 – Marijuana handler permit.

  1. Any marijuana establishment and each licensee, employee, or agent of the marijuana establishment who sells, cultivates, manufactures, tests or transports marijuana or a marijuana product, or who checks the identification of a consumer or visitor must obtain a marijuana handler permit pursuant to State of Alaska regulation 3 AAC 306.700 before being licensed or beginning employment at a marijuana establishment.
  2. A licensee, employee, or agent of a marijuana establishment must keep the marijuana handler permit card issued pursuant to 3 AAC 306.700(c) in that person’s immediate possession or a valid copy on file on the premises at all times when on the licensed premises of the marijuana establishment.

 

– A dispensary cannot sell one person more than an ounce of flower, seven grams of concentrate, or products containing up to 5,600 milligrams of THC in one day. (Article 10.80.355)

 

10.80.355 – Limit on quantity sold.

  1. A retail marijuana store may not sell to any one person per day:
  2. More than one ounce of usable marijuana;
  3. More than seven grams of marijuana concentrate for inhalation; or
  4. Marijuana or marijuana products, if the total amount of marijuana, marijuana products, or both marijuana and marijuana products sold contains more than 5,600 milligrams of THC.

 

– Cannabis in a vehicle is treated like an open container of alcohol, regardless of whether it’s in a sealed container or not – the only place you can store it is in the trunk or behind the last upright seat in a hatchback. (Article 9.36.200)

 

9.36.200 – Consumption of alcoholic beverages or marijuana while driving, and possession of alcoholic beverages or marijuana while driving.

  1. No person may consume marijuana or drink alcoholic beverages while driving a vehicle on a roadway or street.
  2. No person may drive a vehicle at such times as there is marijuana or an open container of alcoholic beverage in the passenger compartment of the vehicle, unless:
  3. The vehicle is:
  4. A limousine licensed pursuant to title 11;
  5. With the exception of the area occupied by the driver equipped with darkened  windows which obscure the view into the vehicle and such windows are fully closed; and
  6. Equipped with a partition between the driver and the area where the marijuana or open container of alcoholic beverage is located and that partition is fully closed.
  7. The marijuana or open container of alcoholic beverage is:
  8. In the trunk of a motor vehicle; or
  9. On a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the marijuana or open bottle, can, or other receptacle of alcoholic beverage is enclosed within another container; or
  10. Behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or
  11. In the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.

 

  1. For the purposes of this section, the term “open” means, when referring to a bottle, that the seal around the lid, cap or cork has been broken, or that the lid, cap or cork has been removed.

 

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