KODIAK — A lawyer advised the city of Kodiak to hold off on drafting marijuana regulations until the state takes action on issues related to the transportation of pot to and from marijuana testing facilities.
There is no testing facility on Kodiak Island, which means marijuana would have to be transported by boat or plane in order to comply with state testing laws. However, that action would violate federal law, which still considers marijuana illegal. Both the air and water are under federal jurisdiction, The Kodiak Daily Mirror reported.
Attorney Katherine Davies wrote a memo to the city earlier this month recommending that officials take a “watch and wait approach” in crafting marijuana rules.
The state’s legal stance could hinder marijuana operations in Kodiak, as provisions require anyone transporting the substance to have a permit. They also only allow transportation from one licensed facility to another without unnecessary stops in between.
“Not only would additional people (who would be unlikely to be certified marijuana handlers) be involved, but there would likely not be a direct route from licensee to licensee — transfer to additional vehicles would probably be necessary to complete the journey,” Davies said in the memo.
Davies, from the Anchorage-based Birch Horton Bitner and Cherot law firm, expects the state to address transportation issues once cultivation and testing facilities are operational, which will likely happen by the fall.
Kodiak’s Marijuana Advisory Committee is set to meet Aug. 22, while the Kodiak Island Borough’s Marijuana Task Force is scheduled to meet Tuesday.
