Marijuana Control Board Proposed Regulation Change: Notification and Public Objection Process


It’s Regulations Time Again!

The Marijuana Control Board proposes to adopt new regulations dealing with local government notifications, and the public objection process for new, renewal, or the transfer of marijuana licenses.
Here you will find the proposed regulations, as well as an easy to understand break down to help you create effective public comment, and be an active participant in the Alaskan Recreational Marijuana Industry. In this article you will find everything you need to make effective public comment including the regulation number, original regulations, the proposed changes, and how those changes effect the overall industry and you, the consumer. At the end of the article you will find how and when to submit your comments to the MCB.

Intent:

1: Change 3 AAC 306.025, 306.035, 306.045 & 306.060 to require notices from applicants to local governments.

2: Extend public objection period

3: Repeal 3 AAC 306.075.(a)(2)

Changes are:

306.025(b)(3)(A)

Original:

(A) the local government; and

Proposed:

(A) each local government with jurisdiction over the licensed premises

Meaning:

This proposed change doesn’t change any requirements. It proposes to make them more clear.

306.025(d)(2)

Original:

(2)the local government with jurisdiction over the applicant’s proposed licensed premises.

Proposed:

(2)each local government with jurisdiction over the applicant’s proposed licensed premises.

Meaning:

This Proposed change doesn’t change any requirements, but makes them more clear. When the Director receives a “COMPLETE” application, the local government that has jurisdiction will be notified.

306.035(c)(2)

Original:

(2)the local government in the area in which the applicant’s proposed licensed premises are located;

Proposed:

(2)each local government with jurisdiction over the applicant’s proposed license premises.

Meaning:

This proposed change does not change any requirements, but does makes them more clear. When the Director receives a complete renewal application, the local government that has jurisdiction will be notified.

306.045(c)(2)

Original:

(2) the local government in the area in which the licensed premises are located.

Proposed:

(2) each local government with jurisdiction over the applicant proposed licensed premises

Meaning:

This does not change any requirements, but does make them more clear. When the Director receives a Complete transfer application, the local government that has jurisdiction will be notified.

306.060(d)

Original:

subsection ends on (c)

Proposed:

(d)For the purpose of this section,”local government” means each government with jurisdiction over a licensed premises.

Meaning:

This adds a definition of “local government” to the section. This does not change any requirements.

306.065

Original:

A person may object to an application for a new license, renewal of a license, or transfer of a license to another person by submitting a written statement of reasons for the objection to the board and the applicant not later then 30 days after notice of the application, but not later then the deadline for objections stated in a posted or published notice of the application. The objection must be sent to the applicant at the mailing address or electronic mail address provided in the notice of application. If the board determines to conduct a public hearing under this section, an interested person may give oral testimony at the public hearing.

Proposed:

A Person may object to an application for a new license, renewal of a license, or a transfer of a license to another person by submitting a written statement of reason for the objection to the board and the applicant not later then 30 days after the director has determined the application is complete and has given written notice to the local government according to 3 AAC 306.025. The objection must be sent to the applicant at the mailing address or electronic mail address provided in the notice of application and also to the Alcohol and Marijuana Control Office. If the board determines to conduct a public hearing under this section, an interested person may give oral testimony at the public hearing.

Meaning:

This proposed change clears up confusing and conflicting language, while deleting the requirement that the objection be submitted before the deadline listed on public notices. The reasons listed for this is, the published notice is posted as soon as an application is initiated, which often happens long before an application is deemed complete. This leaves no room for objection closer to the time of the public hearing, when more of the surrounding community may be more aware of the establishments location.

In Summary:

These are not drastic changes, but are more user friendly and understandable, with the exception of .065 which does propose a distinct change. They do add the definition to “local Government” and get rid of some really confusing language.

Make sure to submit your public comment to:

Alcohol & Marijuana Control office at 550 West 7th Avenue, Suite 1600, Anchorage, AK 99501
Or
amco.regs@alaska.gov
All comments on these proposed regulations must be received no later then 4:30pm, September, 5th.
AMCO website:  https://www.commerce.alaska.gov/web/amco/Home.aspx
Keep watching for more proposed regulation packets coming soon!

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