Pot’s big day approaches, but consumption questions remain

With less than two weeks to go before the first entrepreneurs can apply for an Alaska marijuana license, the Alaska Marijuana Control Board on Thursday approved the forms and documents that await those who seek to grow, test, sell and make products from Alaska’s newest legal crop.

That bit of bureaucratic business was overshadowed, however, as the board continued to seek a balance between Alaska’s version of a marijuana bar and a restriction on public marijuana consumption.

“I think on-site consumption is going to be challenged in court no matter what,” said Loren Jones, a member of the board and a City and Borough of Juneau Assembly member, after the meeting.

Late last year, the control board voted 3-2 in favor of allowing marijuana buyers to consume marijuana products at retail stores that apply for special permission. “On-site consumption” is intended to meet the requests of Alaskans who demanded a legal way to consume marijuana if they couldn’t use it at home.

Without a private location to consume marijuana, tourists might not have a legal place to enjoy edibles or smoke pot bought legally. The same could be true of renters whose landlords forbid smoking.

Alaska voters legalized the recreational consumption of marijuana with a 2014 ballot measure, but commercial sale remains illegal until licenses are issued.

Cindy Franklin, executive director of the Alaska Alcohol and Marijuana Control Office, told board members that staff were unable to draft regulations for on-site consumption in time for Tuesday’s meeting, but that didn’t keep the board from spending two hours discussing what that draft should look like.

“We are the first in the country doing this,” said board chairman Bruce Schulte. “It’s absolutely crucial that we get this right.”

The state remains on schedule for issuing licenses this summer.

All of the states that have legalized commercial marijuana so far — Washington, Oregon and Colorado — have treated marijuana sales like buying liquor from a liquor store. There’s no equivalent of a bar. Alaska is seeking to change that.

Soldotna police chief Peter Mlynarik, a member of the board, said that while he believes it’s “a stretch” to think on-site consumption isn’t public, he wants to make sure that there are strict limits on serving sizes to ensure intoxicated visitors don’t drive high.

Schulte said he agreed with that idea, and with reference to Amsterdam’s pot cafes, said the notion of a “menu” for on-site consumption might make sense. While Alaska’s marijuana laws allow the purchase of up to one ounce of marijuana at a time, the board seemed to agree that smaller serving sizes would be appropriate for on-site consumption and the one-ounce limit is appropriate for home consumption.

“I think the more conservative we are in the initial regulations, the better that meets the needs of public health and public safety,” said board member Mark Springer of Bethel.

A majority of board members also agreed on several other aspects of the on-site consumption rules:

• Employees will still be forbidden from consuming on-site.

• There will be a prohibition against “happy hour” discounts.

• Dabbing (marijuana wax or concentrate use) will be permitted.

• There will be strict ventilation rules for on-site consumption.

• Local governments can choose to challenge the on-site consumption aspect of a marijuana permit, even if they choose to not challenge the permit itself.

• The area shouldn’t be viewed from the public right-of-way.

• Only products bought on site can be consumed on site.

The board took no official action on the on-site consumption notion; the suggestions were forwarded to Franklin and board staff, who will create a draft set of regulations in the coming months.

Though the state is preparing to begin accepting applications starting Feb. 24, the on-site consumption rules are limited to retail stores, whose licenses are expected in the fall. After Feb. 24, Franklin said priority will be given to growers and testing facilities.

Even then, it will take months to issue the first licenses.

According to the state’s timeline, its seed-to-sale marijuana tracking system will not be up and running until the end of May; the first marijuana cultivation and testing licenses are expected in the second week of June.

Franklin said prospective businesses need not rush to apply. Unlike other states that have legalized commercial marijuana, Alaska has no limit on the number of licenses, and there is no “application window” for any license.

Despite this, Franklin said her office has received a surge of interest and questions that far outweighs the available staff. “People are waiting for the starter’s pistol,” she said.

More in News

(Juneau Empire file photo)
Aurora forecast for the week of March 25

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

The aging Tustumena ferry, long designated for replacement, arrives in Homer after spending the day in Seldovia in this 2010 photo. (Homer News file photo)
Feds OK most of state’s revised transportation plan, but ferry and other projects again rejected

Governor’s use of ferry revenue instead of state funds to match federal grants a sticking point.

The Shopper’s Lot is among two of downtown Juneau’s three per-hour parking lots where the cash payments boxes are missing due to vandalism this winter. But as of Wednesday people can use the free ParkSmarter app to make payments by phone. (Mark Sabbatini / Juneau Empire)
Pay-by-phone parking for downtown Juneau debuts with few reported complaints

App for hourly lots part of series of technology upgrades coming to city’s parking facilities.

A towering Lutz spruce, center, in the Chugach National Forest is about to be hoisted by a crane Tuesday, Oct. 27, 2015, for transport to the West Lawn of Capitol Hill in Washington, D.C., to be the 2015 U.S. Capitol Christmas Tree. (Photo courtesy of the U.S. Forest Service)
Tongass National Forest selected to provide 2024 U.S. Capitol Christmas Tree

Eight to 10 candidate trees will be evaluated, with winner taking “whistlestop tour” to D.C.

Annauk Olin, holding her daugher Tulġuna T’aas Olin, and Rochelle Adams pose on March 20, 2024, after giving a presentation on language at the Alaska Just Transition Summit in Juneau. The two, who work together at the Alaska Public Interest Research Group’s Language Access program, hope to compile an Indigenous environmental glossary. (Photo by Yereth Rosen/Alaska Beacon)
Project seeks to gather Alaska environmental knowledge embedded in Indigenous languages

In the language of the Gwich’in people of northeastern Alaska, the word… Continue reading

The room where the House Community and Regional Affairs Committee holds its meeting sits empty on Tuesday. A presentation about an increase in the number of inmate deaths in state custody was abruptly canceled here. (Claire Stremple/Alaska Beacon)
Republican lawmakers shut down legislative hearing about deaths in Alaska prisons

Former commissioner: “All this will do, is it will continue to inflame passions of advocacy groups.”

(Michael Penn / Juneau Empire file photo)
Police calls for Monday, March 25, 2024

This report contains public information from law enforcement and public safety agencies.

Employees at the Kensington Mine removing tailings from Johnson Creek on Feb. 17 following a Jan. 31 spill of about 105,000 gallons of slurry from the mine, although a report by the mine’s owners states about half slurry reached the creek 430 meters away. (Photo from report by Coeur Alaska)
Emergency fisheries assessments sought after 105,000-gallon tailings spill at Kensington Mine

Company says Jan. 31 spill poses no risk to Berners Bay habitat, but NOAA seeks federal evaluation.

Dozens of people throw colors in the air and at each other during a Holi festival gathering Monday night outside Spice Juneau Indian Cuisine. (Mark Sabbatini / Juneau Empire)
Holi festival in Juneau revives colorful childhood memories for some, creates them for others

Dozens toss caution and colored cornstarch to the wind in traditional Hindu celebration of spring

Most Read