SUPPLEMENTAL NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE MARIJUANA CONTROL BOARD REGARDING ENFORCEMENT ACTION PROCESS.

ORAL HEARING

Brief description: The Marijuana Control Board proposes to change regulations in Title 3, Chapter 306 of the Alaska Administrative Code dealing with the enforcement action process for commercial marijuana laws. The proposed changes robustly update Article 8 by repealing outdated sections and replacing them with sections regarding powers and duties, verbal warnings, inspection reports advisory notices, and notice of violations, issuing a violation and due process, probation, suspension or revocation of a license, informal conferences. The changes also amend sections regarding seizure or administrative holds, civil fines, suspension or revocation of marijuana handler permits, appeals.

The Marijuana Control Board proposes to adopt regulation changes in 3 AAC 306 of the Alaska Administrative Code, dealing with enforcement action process, including the following:

3 AAC 306.800 is repealed.

3 AAC 306.801 is a new section regarding powers and duties of AMCO enforcement.

3 AAC 306.805 is repealed.

3 AAC 306.806 is a new section regarding verbal warnings, inspections reports, advisory notices, and notices of violation.

3 AAC 306.809 is a new section regarding issuing a notice of violation by AMCO enforcement to a licensee, and the licensee’s due process.

3 AAC 306.810(b), regarding suspension or revocation of license, is amended by adding ‘probation’ as an action the board may take against the license, including imposing a civil fine, and it adds a provision for which the board may take action against the license. 

3 AAC 306.811 is a new section regarding suspension or revocation of license based on act of employee.

3 AAC 306.812, regarding suspension or revocation of a marijuana handler permit, is repealed and readopted.

3 AAC 306.815 is repealed (this language moved to 3 AAC 306.811).

3 AAC 306.816 is a new section regarding accusations issued on a marijuana establishment.

3 AAC 306.820 is repealed (this language moved to 3 AAC 306.816).

3 AAC 306.830, regarding seizure of or administrative hold on marijuana or marijuana product, is repealed and readopted.

3 AAC 306.835 is repealed.

3 AAC 306.836 is a new section regarding probation.

3 AAC 306.840, regarding civil fines, is amended.

3 AAC 306.844 is a new section regarding informal conference rights for an aggrieved licensee or permittee who is subject to certain enforcement actions.

3 AAC 306.845, regarding appeals, is amended.

This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES issued on January 24, 2022, concerning above proposed revisions, contained in the Department of Law File No. 2021200506. The board has released this SUPPLEMENTAL NOTICE to advise the public that the board will take oral testimony at an oral hearing on the proposed revisions. The hearing will be held on February 16, 2022, via Zoom starting at 9:00 a.m. and ending at 11:00 a.m.. The time for public comment might be extended to accommodate those present before 11:00 a.m. who did not have an opportunity to comment. Please prepare to share your oral comments by telephone or Zoom only. You may join the meeting online via Zoom virtual platform at https://amco-alaska-gov.zoom.us/j/85981220923?pwd=YlhHbzBTS2prejZodTFwQVpHbHAxZz09 or by entering Meeting ID 859 8122 0923 Access Code 251535 on the Zoom app. You may also participate via teleconference by calling 669-900-6833 or 253-215-8782 entering the Meeting ID and Code noted above. Written comments can be submitted to amco.regs@alaska.gov.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact the Alcohol and Marijuana Control Office at amco.regs@alaska.gov or (907) 269-0490 not later than February 10, 2022, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting the Alcohol and Marijuana Control Office at amco.regs@alaska.gov or (907) 269-0490.

Statutory authority: AS 17.38.010; AS 17.38.070; AS 17.38.121; AS 17.38.131; AS 17.38.150; AS 17.38.190; AS 17.38.200; AS 17.38.900

Statutes being implemented, interpreted, or made specific: AS 17.38.010; AS 17.38.070; AS 17.38.121; AS 17.38.150; AS 17.38.200.

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:   February 2, 2022