Open for Public Comment regarding update for Marijuana Regulation until 10/24/2016 at 4:30PM.
As proposed:
3AAC 306.700
(f) The board will not issue a marijuana handler permit to a person that
(1) has been convicted of a felony and either
(A) less than five years have elapsed from the time of the person's conviction; or
(B) the person is currently on probation or parole for that felony.
(2) has within the preceding five (5) years been found guilty of
(A) selling alcohol without a license in violation of AS 04.11.010; or
(B) selling alcohol to a minor in violation of AS 04.16.051 or AS 04.16.052; or
(C) a misdemeanor crime involving a controlled substance other than a Schedule VI controlled substance, violence against a person, use of a weapon, or dishonesty.
(3) has within two years before submitting an application, been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana.
(g) When filing an application for a marijuana handler permit the applicant, must submit the person’s Criminal Justice Information Report obtained from the Alaska Department of Public Safety under AS 12.62.160(b)(10) for criminal justice information to the director. In this section, "criminal justice information" has the meaning given in AS 12.62.900.
3 AAC 306.831. Suspension or revocation of marijuana handler permit. (a) The board will suspend or revoke a marijuana handler permit issued under this chapter if any licensee is convicted of a felony listed in 3AAC 306.700 (f)(1)(A) and (B) or of a crime listed in 3 AAC 306.700(f)(2) and(3),
or if the board becomes aware that a permit applicant did not disclose a conviction of a crime listed in 3 AAC 306.700(f)(1)(A) or did not disclose that the person is currently on probation or parole in violation 3 AAC 306.700(f)(1)(B).
(b) The board may suspend or revoke a permit issued under this chapter, refuse to renew
a permit, or impose a civil fine if the board finds that a permit applicant misrepresented a material fact on an application for a marijuana handler permit, or an affidavit, report, or signed statement under AS 17.38 or this chapter.
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The Marijuana Control Board proposes to adopt changes to the regulations in Title 3 of the Alaska Administrative Code, dealing with the requirements for marijuana handler permits and suspension and revocation of marijuana handler permits including the following:
(1) 3 AAC 306.700 – Marijuana Handler Permit regulations are proposed as follows:
The regulations consist of a series of provisions establishing disqualifying criminal history for applicants for a marijuana handler permit and requiring criminal justice reports for applicants for a marijuana handler permit.
(2) 3 AAC 306.831 – Suspension or revocation of marijuana handler permit regulations are proposed as follows:
The regulations consist of a series of provisions establishing criteria for suspension or revocation of marijuana handler permits.
You may comment on the proposed changes to regulations, including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to Joe Samaniego, Marijuana Control Board at 550 W. 7th Ave, Suite 1600, Anchorage, AK 99501. Additionally, the Marijuana Control Board will accept comments by electronic mail at joe.samaniego@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. Please indicate the article and section number to which each comment refers, if applicable. Please indicate in the subject line that you are commenting on marijuana handler permit requirements. The comments must be received no later than 4:30 p.m. on October 24, 2016.
You may submit written questions relevant to the proposed changes to regulations to Joe Samaniego by email and physical address. Please do not submit questions through the Alaska Online Public Notice System. The questions must be received at least 10 days before the end of the public comment period, by October 14, 2016 at 4:30 p.m. The Marijuana Control Board will aggregate its response to substantially similar questions and make the questions and response available on the Marijuana Control Board website. The Marijuana Control Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joe Samaniego at (907) 269-0350 no later than October 14, 2016 to ensure that any necessary accommodations can be provided.
A copy of the proposed changes to regulations are available through the electronic link to the complete text on the Alaska Online Public Notice System, on the Alcohol & Marijuana Control Office website at https://www.commerce.alaska.gov/web/amco/ and by contacting Joe Samaniego at 550 W. 7th Ste 1600, Anchorage, AK 99501.
After the public comment period ends, the Marijuana Control Board will either adopt the proposed changes to regulations or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed changes to the regulations. You should comment during the time allowed if your interests could be affected.