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40 Alaska B. Rag 1 (2016)

handle is hein.barjournals/askabar0040 and id is 1 raw text is: It's time Alaskans take a deep breath and pay our way By Dan Branch We live in an angry country and an angry state. Since the legislators are sitting in Juneau now, a lot of that anger is directed at them. It's raining in our angry state. A fiscal rainstorm has settled over Alaska, threatening the kinds of economic downturn that led to bank failures and foreclosures during the 1980's oil glut. Then, home prices plummeted until the amount owed on the mortgage exceeded what the debtor could gross from a sale. Own- ers of Anchorage townhouses and three-bedroom ranches packed up their family SUVs and left behind Alaska and their mortgage debt. The more thoughtful ones dropped off their house keys at their bank on the way out of town. If we take a step back and ignore the talk-radio inflamers, self-disap- pointment may replace our anger. We might, like Walt Kelly's philo- sophical possum, Pogo, realize that, We have met the enemy and it is us. We rmight also remember that the original purpose of the Alaska Perr Fun was to get the state through the bust that always follows each boom in a resource ex- traction economy. Back in the 1970s, when dino- saurs walked the earth and Jay Hammond was Alaska's governor, I lived in Bethel. Hammond sent some Juneauites dressed in busi- ness casual (button-down shirts, V neck sweaters, clean pants, XTRA Tuff boots) to the river city to talk about a proposed rainy day account called, The Permanent Fund. The bright young things warned a scoping session of Bethelites in Kusko-business casual (clean jeans, wear-to-basketball-games sweat- shirts, JB Crowe ball caps, maybe kuspuks) that someday we would run out of oil money. Rather than blowing all our tax dough on fancy buildings and roads, they wanted to stash away a big chunk of it in an income-generating fund. Even with the planned annual, share-the- wealth payout, this permanent fund would grow like a glutton in a choco- late factory until needed to help the state weather economic downturns. Continued on page 10 Marijuana legalization: Read' By Jason Brandeis In November 2014, 53 percent of Alaska voters approved the path to a legal, regulated marijuana mar- ket in the state. The passage of Ballot Measure 2 (BM2) amended Alaska's marijuana laws in several ways. First, it legalized possession of up to one ounce of marijuana (and several plants) and decriminalized public consumption of marijuana (subjecting such activity to a maxi- mum $100 fine). Next, the initia- tive tasked the state with creating a Marijuana Control Board (MCB) and developing the regulations nec- essary to implement and govern the state's future commercial marijua- na industry. Recently, after about a year of work, the MCB completed that process. During that time, municipal governments across the state were also busy contemplating this new industry, as many set up their own local marijuana regulatory authori- ties and began debating local plan- ning and zoning options. The next phase, where local rules are being finalized, businesses are forming, and application packets are being prepared and submitted, is under way. The last stage-the operation of a legal commercial marijuana industry as envisioned by BM2-is slated to commence in late summer/ early fall. Overview of the final regula- tions The MCB adopted final regula- tions Nov. 20, 2015. Pursuant to the Alaska Administrative Proce- dure Act, the MCB sent the regu- lations to the lieutenant governor and Department of Law for review. With several exceptions and correc- I ~PH~I6U6. w~w before you grow, sell, tions, the regulations were signed state statute. into law by the lieutenant governor statute author: as 3 AAC 306. The effective date of nal history recc the new regulations, Feb. 21, 2016, ment and licen came just before the re-named Al- marijuana est cohol and Marijuana Control Office Thus, there is (AMCO) began accepting marijuana duct the check, establishment license applications must come fro Feb. 24. not the MCBI The regulations are comprehen- amenable to a sive, covering all aspects of the mar- troversial legis ijuana industry. There are rules for problem is mor growing marijuana plants and for volves the ong converting plants into other prod- state laws lega ucts. There are stringent product the existing fec safety and quality testing require- Federal law ments. The regulations include pa- some cases ma rameters for operating marijuana state shipping businesses, detailing when and or sea. This cou where stores may operate and adver- potential mari* tise; how plants and products must tablishments 1 be packaged, labeled, and tracked; munities off th and establishing training require- establishments ments for marijuana establishment their marijuan employees. The regulations also give potency and c the MCB investigation and enforce- The problem i ment powers, and explain the role are expensive of local governments in application, and will likely licensing and other administrative communities c processes. The MCB atter Two of the MCB's proposed reg- emption for th ulations were rejected. The first allowing alterr governed background checks for if geographic 1 marijuana establishment license tation limitati applicants. In short, the regulations ing marijuana required a national criminal history feasible. This record check, but federal law re- too vague, 1a quires that before the FBI will con- necessary to e duct such a check for state licensing plied in a bah purposes, it must be required by ary C toke The current Alaska izing national crimi- rd checks for employ- sing does not include ablishment licenses. no authority to con- ks, as that authority om the Legislature, rhis disconnect seems relatively non-con- lative fix. The other e complicated and in- oing tension between lizing marijuana and deral prohibition. is complicate, and in y preclude, the intra- of marijuana by air uld be problematic for juana cultivation es- ocated in rural com- e road system. Those will have to submit .na for the required ontamination checks. s that such facilities to build and operate, y not exist in rural off the road system. mpted to create an ex- ese circumstances by nate means of testing ocation and transpor- ons made transport- to such facilities un- regulation was found cking the standards nsure it could be ap- anced, unbiased and ontinued on page 5

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