Following the endorsement by Alaska voters of Ballot Measure 2 in November, marijuana consumption is scheduled to become legal for adults aged 21 and older beginning Feb. 24. The Alcoholic Beverage Control Board has within nine months from that date to adopt regulations governing marijuana-related entities and then regulate the newly-formed industry.
Currently in Alaska, the possession of an ounce or less within the privacy of one’s home is legal. Outside the home, use or display of any amount or possession of an ounce or less of marijuana is a Class B misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $2,000.
But beginning in February, what will the new rules mean for the average Alaskan?
Under the AS 17.38 rules, an adult will be able to possess, use, display, purchase or transport marijuana up to the amount of one ounce. These acts will be considered lawful and shall not be the basis for seizure or forfeiture of assets under Alaska law.
Nothing in the new chapter will permit the consumption of marijuana in public, violation of which will be punishable by an up to $100 fine. Usage or possession by those under the age of 21 will continue to be a crime. Similarly, a person under 21 falsifying their identity to use or purchase marijuana may be liable to a fine up to $400.
Marijuana will continue to be a controlled substance following the effective date of the initiative. According to the ABC Board website, under AS 28.35.030 it will still be a crime to operate a motor vehicle while under the drug’s
influence, as is the case with any controlled substance, inhalant, alcoholic beverage, or any combination of those substances.
A person can privately maintain and harvest from no more than six plants, with three or fewer being mature and
flowering. Under Section 17.38.030, the personal
cultivation of marijuana must not be viewable by the
public “without the use of binoculars, aircraft or other optical aids.”
Plants must be properly secured from unauthorized access, and also must be kept on property lawfully in the possession of the cultivator or else on such property of another with their consent. Persons who violate the policy are subject to prosecution for the misdemeanor offense of criminal trespass. A person found violating this section while otherwise acting in compliance with Section 17.38.020(b) can be fined up to $750.
A full version of the passed initiative can be found online at http://www.elections.alaska.gov/petitions/13PSUM/13PSUM-Proposed-Law.pdf. A helpful frequently-asked-questions page is also available at the ABC Board website, at http://commerce.state.ak.us/dnn/abc/resources/MarijuanaInitiativeFAQs.aspx.
Fifty-seven percent of Wrangell voters voted in favor of the measure, as did 53 of voters statewide. Under the new rules, local governments have the ability to prohibit the cultivation and use of the plant through ordinance or voter initiative.
Although the Wrangell Borough Assembly has made it clear it will not make any effort either to foster or ban marijuana until the state has established its regulations, other local governments have approached the idea of restricting the drug in their communities.
The Municipality of Anchorage held a public workshop Jan. 23 to discuss prohibiting the consumption of marijuana in public places. Its assembly had in December rejected a proposal to ban commercial sales within the city limits. Though not in favor of an outright ban, the Ketchikan Borough Assembly has also been considering different means of additional regulation.
Legislators in Juneau have also looked at various curbs to the new rules’ effect. A bill pre-filed with the Legislature by Rep. Paul Seaton (R - Homer) would delay regulating marijuana concentrates such as hash oil. The reasoning given is that the state can then focus on developing regulations for legal marijuana and commercial marijuana businesses.
For an island community such as Wrangell, how to
legally bring the plant to the island in the first place is
questionable. Airlines fall under the jurisdiction of the Federal Aviation Authority, and under federal law marijuana remains a Schedule I narcotic. The substance is also prohibited on ferries operated by the Alaska Marine Highway System.
“As of right now it is illegal to transport marijuana on a state ferry,” explained Jeremy Woodrow, public information officer for the state Department of Transportation’s Southcoast Region. Despite the allowances that will begin elsewhere in the state on Feb. 24, because the ferry system crosses different state and federal jurisdictions it is unclear how the rules would apply.
Woodrow explained the ban on marijuana will continue for AMHS vessels until announced otherwise, though the state will be addressing those questions when drawing up its regulations.
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