Alaska Marijuana Legalization, Ballot Measure 2 (2014)

2014 measures
August 19
	Ballot Measure 1
November 4
	Ballot Measure 2
	Ballot Measure 3
	Ballot Measure 4
Endorsements • Full text
Advertisements • Polls
Expenditures
Local measures

Ballot Measure 2
Type	Initiated state statute
Origin	Citizens
Topic	Marijuana
Status	Approved

The Alaska Marijuana Legalization, Ballot Measure 2 was on the November 4, 2014 ballot in Alaska as an initiated state statute, where it was approved.^[1] As a result of its passage, the measure allowed people age 21 and older to possess up to one ounce of marijuana and up to six plants. It also made the manufacture, sale and possession of marijuana paraphernalia legal. The initiative was designed to implement these changes at the state level; however, these acts still remained illegal under federal law, at the time of the measure's passage.^[2]^[3]

The plans to try to place the measure on the ballot were announced by the Marijuana Policy Project in mid-January 2013. In June 2013, Lieutenant Gov. Mead Treadwell announced his office certified a measure allowing adults to possess up to one ounce of marijuana.^[4] A citizens' group called The Alaska Campaign to Regulate Marijuana officially sponsored the measure.^[5]

Aftermath

The Marijuana Control Board created by Measure 2 met for the first time on July 2, 2015. It was determined that unincorporated villages cannot prohibit marijuana stores or cultivation because they are not "local governments" like incorporated cities and boroughs. About 19,264 Alaskans live in unincorporated villages and areas as of 2003.^[6]

In October 2015, the control board released its full marijuana regulation proposal in a 100-page document. The proposal outlines rules for marijuana packaging, store locations, distribution, edibles, social clubs and more.

Retail marijuana stores would have to label their marijuana products with the following statements:^[7]

“

Marijuana has intoxicating effects and may be habit forming.
Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.
There may be health risks associated with consumption of marijuana.
For use only by adults twenty-one and older. Keep out of the reach of children.
Marijuana should not be used by women who are pregnant or breast feeding.^[8]

”

The state's Marijuana Control Board met during the second week of April 2018. On the agenda were discussions about public consumption regulations. Under current regulations, people are only free to legally consume marijuana inside their homes. On May 23, 2018, the city of Fairbanks, Alaska addressed the issue of developing cannabis clubs and public places to sample and consume cannabis in Fairbanks.^[9]

Election results

Below are the official, certified results:

Alaska Ballot Measure 2
Result	Votes	Percentage
a Yes	149,021	53.23%
No	130,924	46.77%

Election results via: Alaska Division of Elections

Text of measure

Ballot title

The official ballot title of this measure read as follows:^[10]

“

Ballot Measure No. 2 - 13PSUM An Act to Tax and Regulate the Production, Sale, and Use of Marijuana. ^[8]

”

Ballot summary

The full ballot summary read as follows:^[10]

“

This bill would tax and regulate the production, sale, and use of marijuana in Alaska. The bill would make the use of marijuana legal for persons 21 years of age or older. The bill would allow a person to possess, use, show, buy, transport, or grow set amounts of marijuana, with the growing subject to certain restrictions. The bill would ban the public use of marijuana. The bill would prohibit a person under 21 years of age from using false identification to buy or try to buy marijuana or marijuana accessories. The bill would allow validly registered marijuana-related entities and persons 21 years of age or older who own or are employed by these entities to make, possess, buy, distribute, sell, show, store, transport, deliver, transfer, receive, harvest, process, or package marijuana and marijuana products, subject to certain restrictions. Alaska Statute 17.30.020 (Controlled Substances) would not apply to these entities. The bill would require the Alcoholic Beverage Control (ABC) Board to implement parts of the bill. But the bill would also let the legislature create a Marijuana Control Board to assume these duties. The bill would require the ABC Board to adopt regulations governing marijuana-related entities. The regulations would need to cover certain topics and be subject to certain restrictions. The bill would also create procedures for registering a marijuana-related entity. The procedures would be managed by the ABC board and local governments. The bill would allow a local government to prohibit the operation of marijuana-related entities. A local government could do that by enacting an ordinance or through voter initiative. The ordinances could cover the time, place, manner, and registration of a marijuana entity’s operations. The bill would allow a person 21 years of age or older to possess, use, show, buy, or transport marijuana accessories. Marijuana accessories are products individuals use to grow or consume marijuana. The bill would also allow persons 21 years of age or older to make marijuana accessories and to distribute or sell them to persons who are 21 years of age or older. The bill states that it is not intended to require an employer to allow marijuana use, transportation, possession, sale, growth, or transfer, or prevent an employer from prohibiting these activities. The bill does not intend to supersede laws prohibiting driving under the influence of marijuana. The bill does not intend to prohibit schools, correction facilities, hospitals, or private persons or entities from restricting marijuana on their property. The bill does not intend to limit the state’s existing medical marijuana laws. The bill would impose a $50 per ounce (or proportionate) excise tax on the sale or transfer of marijuana from a cultivation facility to a retail store or marijuana product manufacturing facility. The marijuana cultivation facility would pay the tax and send monthly tax statements to the Department of Revenue. The Department of Revenue could exempt certain parts of the marijuana plant from the tax. It could also establish a lower tax rate for certain parts of the plant. The bill defines numerous terms. The bill contains a statement of purpose and findings. The bill would impose civil fines and penalties for violations.

Should this initiative become law? ^[8]

”

Full text

The full text is below:

“An Act to tax and regulate the production, sale, and use of marijuana.” BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA:

Section 1. AS 17 is amended by adding a new chapter to read:

Chapter 38. The regulation of marijuana

Sec. 17.38.010. Purpose and findings.

(a) In the interest of allowing law enforcement to focus on violent and property crimes, and to enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana should be legal for persons 21 years of age or older.

(b) In the interest of the health and public safety of our citizenry, the people of the state of Alaska further find and declare that the production and sale of marijuana should be regulated so that:

(1) Individuals will have to show proof of age before purchasing marijuana;

(2) Legitimate, taxpaying business people, and not criminal actors, will conduct sales of marijuana; and

(3) Marijuana sold by regulated businesses will be labeled and subject to additional regulations to ensure that consumers are informed and protected.

(c) The people of the state of Alaska further declare that the provisions of this Act are not intended to diminish the right to privacy as interpreted by the Alaska Supreme Court in Ravin v. State of Alaska.

(d) Nothing in this Act proposes or intends to require any individual or entity to engage in any conduct that violates federal law, or exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal law.

Sec. 17.38.020. Personal use of marijuana. Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and shall not be a criminal or civil offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law:

(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana;

(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown;

(c) Transferring one ounce or less of marijuana and up to six immature marijuana plants to a person who is 21 years of age or older without remuneration;

(d) Consumption of marijuana, except that nothing in this chapter shall permit the consumption of marijuana in public; and

(e) Assisting another person who is 21 years of age or older in any of the acts described in paragraphs (a) through (d) of this section.

Sec. 17.38.030. Restrictions on personal cultivation, penalty.

(a) The personal cultivation of marijuana described in AS 17.38.020(b) is subject to the following terms:

(1) Marijuana plants shall be cultivated in a location where the plants are not subject to public view without the use of binoculars, aircraft, or other optical aids.

(2) A person who cultivates marijuana must take reasonable precautions to ensure the plants are secure from unauthorized access.

(3) Marijuana cultivation may only occur on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.

(b) A person who violates this section while otherwise acting in compliance with AS 17.38.020(b) is guilty of a violation punishable by a fine of up to $750.

Sec. 17.38.040. Public consumption banned, penalty. It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100.

Sec. 17.38.050. False identification, penalty.

(a) A person who is under 21 years of age may not present or offer to a marijuana establishment or the marijuana establishment's agent or employee any written or oral evidence of age that is false, fraudulent or not actually the person's own, for the purpose of:

(1) Purchasing, attempting to purchase or otherwise procuring or attempting to procure marijuana or marijuana products; or

(2) Gaining access to a marijuana establishment.

(b) A person who violates this section is guilty of a violation punishable by a fine of up to $400.

Sec. 17.38.060. Marijuana accessories authorized. Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or to distribute or sell marijuana accessories to a person who is 21 years of age or older.

Sec. 17.38.070. Lawful operation of marijuana-related facilities.

(a) Notwithstanding any other provision of law, the following acts, when performed by a retail marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a retail marijuana store, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:

(1) Possessing, displaying, storing, or transporting marijuana or marijuana products, except that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way;

(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;

(3) Receiving marijuana or marijuana products from a marijuana testing facility;

(4) Purchasing marijuana from a marijuana cultivation facility;

(5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility; and

(6) Delivering, distributing, or selling marijuana or marijuana products to consumers.

(b) Notwithstanding any other provision of law, the following acts, when performed by a marijuana cultivation facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana cultivation facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:

(1) Cultivating, manufacturing, harvesting, processing, packaging, transporting, displaying, storing, or possessing marijuana;

(2) Delivering or transferring marijuana to a marijuana testing facility;

(3) Receiving marijuana from a marijuana testing facility;

(4) Delivering, distributing, or selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store;

(5) Receiving or purchasing marijuana from a marijuana cultivation facility; and

(6) Receiving marijuana seeds or immature marijuana plants from a person 21 years of age or older.

(c) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana product manufacturing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:

(1) Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products;

(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;

(3) Receiving marijuana or marijuana products from a marijuana testing facility;

(4) Delivering or selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility;

(5) Purchasing marijuana from a marijuana cultivation facility; and

(6) Purchasing of marijuana or marijuana products from a marijuana product manufacturing facility.

(d) Notwithstanding any other provision of law, the following acts, when performed by a marijuana testing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana testing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law:

(1) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana;

(2) Receiving marijuana or marijuana products from a marijuana cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a person 21 years of age or older; and

(3) Returning marijuana or marijuana products to a marijuana cultivation facility, marijuana retail store, marijuana products manufacturer, or a person 21 years of age or older.

(e) Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law to lease or otherwise allow the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (d) of this section.

(f) Nothing in this section prevents the imposition of penalties upon marijuana establishments for violating this chapter or rules adopted by the board or local governments pursuant to this chapter.

(g) The provisions of AS 17.30.020 do not apply to marijuana establishments.

ChatGPT Sec. 17.38.080. Marijuana Control Board. At any time, the legislature may create a Marijuana Control Board in the Department of Commerce, Community, and Economic Development or its successor agency to assume the power, duties, and responsibilities delegated to the Alcoholic Beverage Control Board under this chapter.

Sec. 17.38.090. Rulemaking.

(a) Not later than nine months after the effective date of this act, the board shall adopt regulations necessary for implementation of this chapter. Such regulations shall not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. Such regulations shall include:

(1) Procedures for the issuance, renewal, suspension, and revocation of a registration to operate a marijuana establishment, with such procedures subject to all requirements of AS 44.62, the Administrative Procedure Act;

(2) A schedule of application, registration and renewal fees, provided, application fees shall not exceed $5,000, with this upper limit adjusted annually for inflation, unless the board determines a greater fee is necessary to carry out its responsibilities under this chapter;

(3) Qualifications for registration that are directly and demonstrably related to the operation of a marijuana establishment;

(4) Security requirements for marijuana establishments, including for the transportation of marijuana by marijuana establishments;

(5) Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of 21;

(6) Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;

(7) Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;

(8) Reasonable restrictions on the advertising and display of marijuana and marijuana products; and

(9) Civil penalties for the failure to comply with regulations made pursuant to this chapter.

(b) In order to ensure that individual privacy is protected, the board shall not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer’s age, and a retail marijuana store shall not be required to acquire and record personal information about consumers.

Sec. 17.38.100. Marijuana establishment registrations.

(a) Each application or renewal application for a registration to operate a marijuana establishment shall be submitted to the board. A renewal application may be submitted up to 90 days prior to the expiration of the marijuana establishment’s registration.

(b) The board shall begin accepting and processing applications to operate marijuana establishments one year after the effective date of this act.

(c) Upon receiving an application or renewal application for a marijuana establishment, the board shall immediately forward a copy of each application and half of the registration application fee to the local regulatory authority for the local government in which the applicant desires to operate the marijuana establishment, unless the local government has not designated a local regulatory authority pursuant to AS 17.38.110(c).

(d) Within 45 to 90 days after receiving an application or renewal application, the board shall issue an annual registration to the applicant unless the board finds the applicant is not in compliance with regulations enacted pursuant to AS 17.38.090 or the board is notified by the relevant local government that the applicant is not in compliance with ordinances and regulations made pursuant to AS 17.38.110 and in effect at the time of application.

(e) If a local government has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek registrations, the board shall solicit and consider input from the local regulatory authority as to the local government’s preference or preferences for registration.

(f) Upon denial of an application, the board shall notify the applicant in writing of the specific reason for its denial.

(g) Every marijuana establishment registration shall specify the location where the marijuana establishment will operate. A separate registration shall be required for each location at which a marijuana establishment operates.

(h) Marijuana establishments and the books and records maintained and created by marijuana establishments are subject to inspection by the board.

Sec. 17.38.110. Local control.

(a) A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or by a voter initiative.

(b) A local government may enact ordinances or regulations not in conflict with this chapter or with regulations enacted pursuant to this chapter, governing the time, place, manner and number of marijuana establishment operations. A local government may establish civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such local government.

(c) A local government may designate a local regulatory authority that is responsible for processing applications submitted for a registration to operate a marijuana establishment within the boundaries of the local government. The local government may provide that the local regulatory authority may issue such registrations should the issuance by the local government become necessary because of a failure by the board to adopt regulations pursuant to AS 17.38.090 or to accept or process applications in accordance with AS 17.38.100.

(d) A local government may establish procedures for the issuance, suspension, and revocation of a

registration issued by the local government in accordance with (f) of this section or (g) of this section. These procedures shall be subject to all requirements of AS 44.62, the Administrative Procedure Act.

(e) A local government may establish a schedule of annual operating, registration, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a local government in accordance with (f) of this section and a registration fee shall only be due if a registration is issued by a local government in accordance with (f) of this section or (g) of this section.

(f) If the board does not issue a registration to an applicant within 90 days of receipt of the application filed in accordance with AS 17.38.100 and does not notify the applicant of the specific, permissible reason for its denial, in writing and within such time period, or if the board has adopted regulations pursuant to AS 17.38.090 and has accepted applications pursuant to AS 17.38.100 but has not issued any registrations by 15 months after the effective date of this act, the applicant may resubmit its application directly to the local regulatory authority, pursuant to (c) of this section, and the local regulatory authority may issue an annual registration to the applicant. If an application is submitted to a local regulatory authority under this paragraph, the board shall forward to the local regulatory authority the application fee paid by the applicant to the board upon request by the local regulatory authority.

(g) If the board does not adopt regulations required by AS 17.38.090, an applicant may submit an application directly to a local regulatory authority after one year after the effective date of this act and the local regulatory authority may issue an annual registration to the applicant. (h) A local regulatory authority issuing a registration to an applicant shall do so within 90 days of receipt of the submitted or resubmitted application unless the local regulatory authority finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations made pursuant to (b) of this section in effect at the time the application is submitted to the local regulatory authority. The local government shall notify the board if an annual registration has been issued to the applicant.

(i) A registration issued by a local government in accordance with (f) of this section or (g) of this section shall have the same force and effect as a registration issued by the board in accordance with AS 17.38.100. The holder of such registration shall not be subject to regulation or enforcement by the board during the term of that registration.

(j) A subsequent or renewed registration may be issued under (f) of this section on an annual basis only upon resubmission to the local government of a new application submitted to the board pursuant to AS 17.38.100.

(k) A subsequent or renewed registration may be issued under (g) of this section on an annual basis if the board has not adopted regulations required by AS 17.38.090 at least 90 days prior to the date upon which such subsequent or renewed registration would be effective or if the board has adopted regulations pursuant to AS 17.38.090 but has not, at least 90 days after the adoption of such regulations, issued registrations pursuant to AS 17.38.100.

(l) Nothing in this section shall limit such relief as may be available to an aggrieved party under AS 44.62, the Administrative Procedure Act.

Sec. 17.38.120. Employers, driving, minors and control of property.

(a) Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.

(b) Nothing in this chapter is intended to allow driving under the influence of marijuana or to supersede laws related to driving under the influence of marijuana.

(c) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of 21.

(d) Nothing in this chapter shall prohibit a person, employer, school, hospital, recreation or youth center, correction facility, corporation or any other entity who occupies, owns or controls private property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.

Sec. 17.38.130. Impact on medical marijuana law. Nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana patient or medical marijuana caregiver under AS 17.37.

Sec. 17.38.900. Definitions. As used in this chapter unless the context otherwise requires:

(1) “Board” means the Alcoholic Beverage Control Board established by AS 04.06.

(2) “Consumer” means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of age or older, but not for resale to others.

(3) “Consumption” means the act of ingesting, inhaling, or otherwise introducing marijuana into the human body.

(4) “Local government” means both home rule and general law municipalities, including boroughs and cities of all classes and unified municipalities.

(5) “Local regulatory authority” means the office or entity designated to process marijuana establishment applications by a local government.

(6) “Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. “Marijuana” does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

(7) “Marijuana accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

(8) “Marijuana cultivation facility” means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

(9) “Marijuana establishment” means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

(10) “Marijuana product manufacturing facility” means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

(11) “Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

(12) “Marijuana testing facility” means an entity registered to analyze and certify the safety and potency of marijuana.

(13) “Retail marijuana store” means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers.

(14) “Unreasonably impracticable” means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.

Sec. 2. AS 43 is amended by adding a new chapter to read:

Chapter 61. Excise tax on marijuana

Sec. 43.61.010. Marijuana tax.

(a) An excise tax is imposed on the sale or transfer of marijuana from a marijuana cultivation facility to a retail marijuana store or marijuana product manufacturing facility. Every marijuana cultivation facility shall pay an excise tax at the rate of $50 per ounce, or proportionate part thereof, on marijuana that is sold or transferred from a marijuana cultivation facility to a retail marijuana store or marijuana product manufacturing facility. (b) The department may exempt certain parts of the marijuana plant from the excise tax described in (a) of this section or may establish a rate lower than $50 per ounce for certain parts of the

marijuana plant.

Sec. 43.61.020. Monthly Statement and Payments.

(a) Each marijuana cultivation facility shall send a statement by mail or electronically to the department on or before the last day of each calendar month. The statement must contain an account of the amount of marijuana sold or transferred to retail marijuana stores and marijuana product manufacturing facilities in the state during the preceding month, setting out

(1) the total number of ounces, including fractional ounces sold or transferred;

(2) the names and Alaska address of each buyer and transferee; and

(3) the weight of marijuana sold or transferred to the respective buyers or transferees.

(b) The marijuana cultivation facility shall pay monthly to the department, all taxes, computed at the rates prescribed in this chapter, on the respective total quantities of the marijuana sold or transferred during the preceding month. The monthly return shall be filed and the tax paid on or before the last day of each month to cover the preceding month.

Sec. 43.61.030. Administration and Enforcement of Tax.

(a) Delinquent payments under this chapter shall subject the marijuana cultivation facility to civil penalties under AS 43.05.220.

(b) If a marijuana cultivation facility fails to pay the tax to the state the marijuana cultivation facility's registration may be revoked in accordance with procedures established under AS 17.38.090(a)(1).

Sec. 3. The provisions of this Act are independent and severable, and, except where otherwise indicated in the text, shall supersede conflicting statutes, local charter, ordinance, or resolution, and other state and local provisions. If any provision of this Act, or the application thereof to any person or circumstance, is found to be invalid or unconstitutional, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible.

Background

See also: 2014 ballot measure hot topics: Marijuana

Marijuana in Alaska

The state of Alaska has had a complicated relationship with marijuana over the years. In 1975, the state legislature approved a bill to decriminalize private possession of up to one ounce of marijuana in public, thereby replacing the possibility of time in jail with a civil fine of up to $100. Shortly thereafter, the Alaska Supreme Court did away with all penalties for possessing up to four ounces of marijuana and up to 24 plants in one's home, ruling that the prohibition of marijuana possession violated the right to privacy guaranteed in the state constitution. As a result of the ruling, known as Ravin v. State, the legislature got rid of the $100 civil fine for possessing up to four ounces of marijuana in 1982.^[11]

Then, in 1990, all of this was undone by the approval of the Alaska Marijuana Criminalization Initiative, which made all marijuana possession in Alaska illegal and punishable by up to 90 days in jail and/or up to a $1,000 fine. However, in 2003, the Alaska Court of Appeals overturned the law established by the measure and upheld the previous ruling set in Ravin v. State. Legislators once again attempted to criminalize the possession of marijuana in 2006, though they were unsuccessful in overturning the Ravin ruling. Medical marijuana was legalized in the state in 1998 with the approval of Measure 8.^[11]

Ballot Measure 2 was the third attempt in 15 years to decriminalize marijuana in Alaska. In 2000, voters defeated Measure 5, which sought to "do away with civil and criminal penalties for persons 18 years or older who use marijuana, or other hemp products." The legalization of recreational marijuana was once again defeated at the polls in 2004 when voters turned down Measure 2, which attempted to "remove civil and criminal penalties under state law for persons 21 years or older who grow, use, sell or give away marijuana or hemp products."

2012 marijuana ballot measures

The 2012 elections proved to be groundbreaking for marijuana legalization support groups. Voters in Washington approved Initiative 502, thereby legalizing the recreational use of marijuana. Coloradans followed suit when they approved Amendment 64 during the same election. However, voters in Oregon rejected Measure 80, a similar, though slightly less stringent, marijuana legalization measure. Measure 80 would have allowed adults over the age of 21 to possess an unlimited supply of marijuana and given an industry-dominated board permission to regulate sales.^[12]

Supporters

The Alaska Campaign to Regulate Marijuana is a citizens' group that officially sponsored the measure. The measure was also supported by the Marijuana Policy Project. Supporters argued that marijuana is significantly less harmful than alcohol and therefore should be legalized.^[4]^[5]^[13]

Yes on 2 TV ad: "The Officer"

Officials

Rep. Scott Kawasaki (D-4)^[4]
Rep. David Guttenberg (D-38)

Individuals

Larry Murakami (D)^[4]
Adam Wool (D)
Joe Blanchard II (R)
Bill Parker, former Deputy Commissioner of the Alaska Department of Corrections^[14]
Laurie Constantino, Alaska's former Chief Prosecutor

Arguments

On their website, supporters of Ballot Measure 2 listed various impacts of marijuana on consumers and the community. They argued that marijuana is less harmful than alcohol.

“

Impact on the Consumer:

Many people die from alcohol use. Nobody dies from marijuana use. The U.S. Centers for Disease Control and Prevention (CDC) reports that more than 37,000 annual U.S. deaths are attributed to alcohol use alone (i.e. this figure does not include accidental deaths). On the other hand, the CDC does not even have a category for deaths caused by the use of marijuana.

People die from alcohol overdoses. There has never been a fatal marijuana overdose. The official publication of the Scientific Research Society, American Scientist, reported that alcohol is one of the most toxic drugs and using just 10 times what one would use to get the desired effect could lead to death. Marijuana is one of – if not the – least toxic drugs, requiring thousands of times the dose one would use to get the desired effect to lead to death. This “thousands of times” is actually theoretical, since there has never been a case of an individual dying from a marijuana overdose. Meanwhile, according to the CDC, hundreds of alcohol overdose deaths occur in the United States each year.

The health-related costs associated with alcohol use far exceed those for marijuana use. Health-related costs for alcohol consumers are eight times greater than those for marijuana consumers, according to an assessment recently published in the British Columbia Mental Health and Addictions Journal. More specifically, the annual cost of alcohol consumption is $165 per user, compared to just $20 per user for marijuana. This should not come as a surprise given the vast amount of research that shows alcohol poses far more – and more significant – health problems than marijuana.

Alcohol use damages the brain. Marijuana use does not. Despite the myths we’ve heard throughout our lives about marijuana killing brain cells, it turns out that a growing number of studies seem to indicate that marijuana actually has neuroprotective properties. This means that it works to protect brain cells from harm. For example, one recent study found that teens who used marijuana as well as alcohol suffered significantly less damage to the white matter in their brains. Of course, what is beyond question is that alcohol damages brain cells.

Alcohol use is linked to cancer. Marijuana use is not. Alcohol use is associated with a wide variety of cancers, including cancers of the esophagus, stomach, colon, lungs, pancreas, liver and prostate. Marijuana use has not been conclusively associated with any form of cancer. In fact, one study recently contradicted the long-time government claim that marijuana use is associated with head and neck cancers. It found that marijuana use actually reduced the likelihood of head and neck cancers. If you are concerned about marijuana being associated with lung cancer, you may be interested in the results of the largest case-controlled study ever conducted to investigate the respiratory effects of marijuana smoking and cigarette smoking. Released in 2006, the study, conducted by Dr. Donald Tashkin at the University of California at Los Angeles, found that marijuana smoking was not associated with an increased risk of developing lung cancer. Surprisingly, the researchers found that people who smoked marijuana actually had lower incidences of cancer compared to non-users of the drug.

Alcohol is more addictive than marijuana. Addiction researchers have consistently reported that marijuana is far less addictive than alcohol based on a number of factors. In particular, alcohol use can result in significant and potentially fatal physical withdrawal, whereas marijuana has not been found to produce any symptoms of physical withdrawal. Those who use alcohol are also much more likely to develop dependence and build tolerance.

Alcohol use increases the risk of injury to the consumer. Marijuana use does not. Many people who have consumed alcohol or know others who have consumed alcohol would not be surprised to hear that it greatly increases the risk of serious injury. Research published in 2011 in the journal Alcoholism: Clinical & Experimental Research, found that 36 percent of hospitalized assaults and 21 percent of all injuries are attributable to alcohol use by the injured person. Meanwhile, the American Journal of Emergency Medicine reported that lifetime use of marijuana is rarely associated with emergency room visits. According to the British Advisory Council on the Misuse of Drugs, this is because: “Cannabis differs from alcohol … in one major respect. It does not seem to increase risk-taking behavior. This means that cannabis rarely contributes to violence either to others or to oneself, whereas alcohol use is a major factor in deliberate self-harm, domestic accidents and violence.” Interestingly enough, some research has even shown that marijuana use has been associated with a decreased risk of injury.

Impact on the Community:

Alcohol use contributes to aggressive and violent behavior. Marijuana use does not. Studies have repeatedly shown that alcohol, unlike marijuana, contributes to the likelihood of aggressive and violent behavior. An article published in the Journal of Addictive Behaviors reported that “alcohol is clearly the drug with the most evidence to support a direct intoxication-violence relationship,” whereas “cannabis reduces the likelihood of violence during intoxication.”

Alcohol use is a major factor in violent crimes. Marijuana use is not. The National Institute on Alcohol Abuse and Alcoholism estimates that 25% to 30% of violent crimes in the United States are linked to the use of alcohol. According to a report from the U.S. Dept. of Justice, that translates to about 5,000,000 alcohol-related violent crimes per year. By contrast, the government does not even track violent acts specifically related to marijuana use, as the use of marijuana has not been associated with violence. (Of course, we should note that marijuana prohibition, by creating a widespread criminal market, is associated with acts of violence.)

Alcohol use contributes to the likelihood of domestic abuse and sexual assault. Marijuana use does not. Alcohol is a major contributing factor in the prevalence of domestic violence and sexual assault. This is not to say that alcohol causes these problems; rather, its use makes it more likely that an individual prone to such behavior will act on it. For example, a study conducted by the Research Institute on Addictions found that among individuals who were chronic partner abusers, the use of alcohol was associated with significant increases in the daily likelihood of male-to-female physical aggression, but the use of marijuana was not. Specifically, the odds of abuse were eight times higher on days when men were drinking; the odds of severe abuse were 11 times higher. The website for the Rape, Abuse and Incest National Network (RAINN) identifies alcohol as the “most commonly used chemical in crimes of sexual assault” and provides information on an array of other drugs that have been linked to sexual violence. Given the fact that marijuana is so accessible and widely used, it is quite telling that the word “marijuana” is not included.^[8]

”

—Campaign to Regulate Marijuana Like Alcohol^[13]

Charlo Greene calling on Alaskans to support Measure 2.

Charlene Egby, also known as Charlo Greene, a former reporter for KTVA-TV in Anchorage, Alaska, was discussing the Alaska Cannabis Club, when she outed herself on live television as the owner of the club. She continued on, "[I] will be dedicating all of my energy toward fighting for freedom and fairness, which begins with legalizing marijuana here in Alaska," followed by "f*ck it, I quit."^[15] Greene released a video a few days later detailing why she quit on air and calling for people to vote "yes" on Measure 2. The following is a text excerpt from her video:

“	Who is willing to take a stand? I'm not afraid, clearly. But if you are, I don't judge you or any other man. Nearly a century of marijuana prohibition and stigma have stained America, the land of the free and home of the brave. But we have a chance to start taking back the right. Today it's marijuana prohibition and, once we get that done nationally, we the people will realize that we are stronger than ever and you will feel empowered to take up what you choose to fight. Advocating for freedom and fairness should be everyone's duty. I'm making it my life work, to uphold what America stands for truly: life, liberty and the pursuit of happiness — ideals that now need to be defended. (quote)	”
—Charlene Egby

Opposition

The group, Big Marijuana. Big Mistake. Vote No on 2, officially opposed Ballot Measure 2.^[16]