Resolution 15-094 Approving Comments and Questions to the State of Alaska Marijuana Control Board on the Proposed State Marijuana Regulations

CITY OF HOMER

HOMER, ALASKA

City Manager

RESOLUTION 15-094

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, APPROVING RECOMMENDED COMMENTS AND QUESTIONS TO THE STATE OF ALASKA MARIJUANA CONTROL BOARD ON THE PROPOSED STATE MARIJUANA REGULATIONS.

WHEREAS, The City of Homer Cannabis Advisory Commission (“CAC”) has been working diligently to review the proposed State of Alaska regulations on marijuana use and facilities statewide; and

WHEREAS, The CAC has crafted comments and questions to the State of Alaska Marijuana Control Board designed to promote the City’s interest in clear and unambiguous regulation of the marijuana industry; and

WHEREAS, City Council has reviewed those comments and questions and finds the presentation of these comments and questions to be in the City’s best interest.

               NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska, hereby adopts the following comments and questions for presentation to the State of Alaska Marijuana Control Board and authorizes the City Attorney to present these comments and questions both verbally and in writing to the Marijuana Control Board:

3 AAC 306.010

Given the unique nature of each Alaskan community and its topography and land use approach, the City recommends that the regulations defer to the municipalities for restrictions on location via the zoning and planning authority grant to such municipalities.This approach will avoid unintentional contradictions between local and zoning laws and the regulations.It will also permit municipalities to adopt more or less restrictive location prohibitions depending upon the needs of the municipality in question.Similarly, the City recommends that any restriction based upon church services or religious places of worship be removed from the regulations as the communities within Alaska often involve the use of commercial or industrial spaces for religious services and other nontraditional religious service locations that would make the application of the regulations extremely challenging, if not impossible without severely impacting the regulated facilities ability to comply with the regulations.

3 AAC 306.715; 3 AAC 306.325

Please clarify the handler permit process.Under the regulations, may a private entity become authorized to issue permits similar to other professional job classifications?Will the process for becoming an approved handler permit course under 3 AAC 306.325 be included in the regulations or will a policy regarding such courses be adopted prior to or in conjunction with the adoption of the regulations?

3 AAC  306.020

Please explain the requirement for the social security numbers and other identifying information for “family member(s)” and “affiliates” of individuals seeking a license under 3 AAC 306.020.  While the regulations require only identifying information on the owners or shareholders of partnerships and corporations, the requirements are much more far reaching for individuals.  The City fears that requiring such personal information without regard for the relation of such information to the license itself or even the licensee may constitute a breach of privacy.

3 AAC 306.400, et seq.

Please explain the intent in limiting the ability of cultivation facilities to sell directly to retail or manufacturing establishments and the interaction between a marijuana cultivation broker facility and a marijuana cultivation facility under the proposed regulations.

PASSED AND ADOPTED by the Homer City Council on this 12th day of October, 2015.

                                                                                                         CITY OF HOMER

                                                                                                         _______________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

Fiscal Note: N/A