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 incorporated 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 incorporated 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 incorporated 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.
CORRECTION: An earlier version of this article incorrectly referred to the Kenai Peninsula Borough as an unincorporated borough. The story has been updated to reflect the correct information.