Alaska Marijuana News

Public invited to weigh in on first draft of Alaska marijuana regulations

The public can now weigh in on Alaska's first round of proposed marijuana regulations.

Local option law and marijuana definitions are the focus of the first wave of regulations, unveiled at the Alcoholic Beverage Control Board's meeting in April.

The proposed definitions include basics like what constitutes a "marijuana plant" and "edible marijuana product," but also what it means to "possess" a plant or help someone grow marijuana.

The definition of possession could affect how many plants are allowed per household. Under Ballot Measure 2, the initiative that legalized marijuana in the state, a person is allowed to possess six marijuana plants. But under the proposed regulations, if marijuana plants are in a person's home, they are potentially in that person's possession, regardless of the number of residents. That would mean only six plants would be allowed in the home, instead of six plants per adult living there.

The proposed marijuana local option regulations look largely the same as the laws already on the books for alcohol, with one major difference: Marijuana possession in the home cannot be outlawed the way alcohol can. That's due to a 1975 Alaska Supreme Court case, Ravin v. State, that protects the right to privacy when in possession of a small amount of marijuana in one's home.

A community could prohibit one or more types of marijuana establishments -- if a town wanted to ban commercial grows but allow retail stores, it could do so. Communities could also establish government-run marijuana establishments.

The public can submit comments until 4:30 p.m. June 20. The regulations are available for review on the state's public notice website.

A second set of regulations will be available for public comment after the ABC Board's July meeting.

Laurel Andrews

Laurel Andrews was a reporter for the Anchorage Daily News, Alaska Dispatch News and Alaska Dispatch. She left the ADN in October 2018.

ADVERTISEMENT