On Nov. 4, Alaskans voted in favor of Ballot Measure 2 -- an initiative to tax and regulate marijuana like alcohol. Most Anchorage voters thought that was the end of it, that the state would develop guidelines for the marijuana Industry and that a responsible, regulated industry would begin to replace the current marijuana black market. And that's as it should have been.
Unfortunately, that's not what is happening in Anchorage. On Nov. 18 – before the election results were even certified -- Assembly Member Amy Demboski proposed an ordinance (AO 2014-148 on the agenda for the Dec. 16 Assembly meeting) that would ban all commercial marijuana activities from the Municipality of Anchorage immediately.
To put this in perspective, it's important to consider the timeline of this initiative and some key milestones:
The election results were certified Nov. 24; the law becomes effective Feb. 24 and the state has until (approximately) Nov. 24 to finalize the rules and guidelines that the marijuana industry will be held to. The first permit applications for prospective businesses need not be accepted until February 2016 -- 15 months from now. That leaves a window of three months -- between finalization of the rules and the first permit application -- during which the Assembly and the voting public will have the opportunity to evaluate all the rules and then consider whether Anchorage should add additional guidelines of its own or opt out altogether.
The ability to opt out was written into the ballot measure -- although it was intended to benefit some of the bush communities that have had a history of alcohol-related issues. While Anchorage does have that option, reasonable people would expect that our elected officials would at least wait to see what the final statewide rules looked like before they considered any further steps (like opting out).
So why has this ordinance been proposed and why now? Amy Demboski describes her ordinance as a "wait-and-see" approach. In an ADN article she suggested that Anchorage should opt out now and then (maybe) opt in later. Really? Why opt out at all when the rulemaking process has not even begun and permits for marijuana businesses won't even be considered for over 15 months? That argument fails a simple test of logic.
Assemblyman Paul Honeman said he wants to opt out now because "he worries that the state could strip local communities of the power to set their own local rules, including opting out of the nascent industry." Mr. Honeman's justification is flawed in two respects. First, to remove the local control option from the initiative would be a fundamental change to the law that the Legislature cannot make for two years. Second, in a state with so many dry and damp communities because of alcohol-related issues, would any legislator seriously suggest that any community be disallowed from opting out of legalized marijuana (even though all evidence indicates it is far safer a substance than alcohol)? The answer, of course, is a resounding no way. And I believe that Mr. Honeman knows that -- he's just hoping that it sounds convincing so that it will obscure what they're really trying to do.
So what's their real agenda? Given that the stated justifications for this ban-ordinance are so hollow one is left with the only remaining explanation: They simply want to overturn the results of the election. A small minority of Assembly members, working from no more information than voters had on Nov. 4, seem to believe that they just know better than the voters and they want to use their power on the Assembly to negate the election results. This reeks of back-room politics and it flies in the face of the very concept of representative government.
What they are not saying is that if this ordinance passes, the only way Anchorage can ever realize the benefits of a legitimate marijuana industry is if the Assembly overturns its own ordinance (doubtful) or if another voter initiative is undertaken to force an overturn. Ms. Demboski knows this and is still willing to lock Anchorage out and to what end?
Anchorage has banned fireworks too -- and we've all seen how effective that has been. Imagine that every illegal firework you see on New Year's Eve represents an ounce of marijuana purchased within the municipality in an unregulated black market, or in a neighboring community from a licensed retail store, with Anchorage having no control over it, and receiving no tax revenue from it. That's what AO 2014-148 would do for Anchorage.
Bruce Schulte is an Anchorage small-business owner and spokesman for the Coalition for Responsible Cannabis Legislation, an advocacy group for sensible marijuana regulations.
The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.