Chapter 5.06
MARIJUANA REGULATION

Sections:

5.06.010    Definitions.

5.06.020    Local regulatory authority.

5.06.030    Remedies and conformance with state law.

5.06.040    Marijuana use in public places prohibited.

5.06.050    Allowing unlawful marijuana use prohibited.

5.06.060    Marijuana possession and use under the age of twenty-one prohibited.

5.06.070    Unregistered commercial cultivation of marijuana prohibited.

5.06.080    Commercial marijuana facilities.

5.06.010 Definitions.

The following words and phrases when used in this chapter have the meanings as set out herein:

“Business” means any natural person or legal entity such as, without limitation, a business-for-profit corporation, nonprofit corporation, partnership, limited liability company or trust that undertakes to provide goods or services to the public or to persons who are members of a private group that is eligible to obtain the goods or services, regardless of whether the business exists or is conducted for the purpose of making a profit.

“Commercial cultivation” means the cultivation of more than six marijuana plants, or more than three mature, flowering marijuana plants:

1.    In any nondwelling structure;

2.    In a dwelling unit or in any nondwelling unit area within a dwelling;

3.    If cultivated outside of a structure, upon the smallest recorded subdivision of the land; or

4.    By a business.

“Commercial marijuana facility” means any marijuana facility licensed under AS 17.38.100 and subject to 3 AAC 306.005 through 306.990 including a marijuana concentrate manufacturing facility, a marijuana cultivation facility, a limited marijuana cultivation facility, a marijuana product manufacturing facility, a marijuana concentrate manufacturing facility, a marijuana retail store, or a marijuana testing facility.

“Marijuana” means all parts of the plant of the genus Cannabis whether grown or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or its resin, including marijuana concentrate.

“Public place” means any area to which the public is invited or into which the public is permitted, including, but not limited to, educational facilities, entertainment, food and beverage services, offices, retail stores, common areas in multi-unit buildings such as lobbies, stairwells and hallways, transportation facilities and vehicles accessible to the general public, parks, public rights-of-way, shorelines, waterways, tidelands, as well as all city-owned property. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.020 Local regulatory authority.

The city council is designated as the “local regulatory authority” as that term is used in AS 17.38 and any implementing legislation or rulemaking. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.030 Remedies and conformance with state law.

A.    The city may cite any violation of this chapter as a minor offense. Any violation of this chapter is an offense punishable pursuant to Section 1.08.010.

B.    Except as otherwise provided, AS 17.38.010 through 17.38.900 and 3 AAC 306.005 through 306.990 shall apply and are hereby incorporated by reference as though fully set forth herein. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.040 Marijuana use in public places prohibited.

Use or consumption of marijuana in a public place is prohibited. This section is not intended to restrict a property owner from further restricting use of marijuana. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.050 Allowing unlawful marijuana use prohibited.

No person who manages, oversees, controls, or has an ownership interest in any business shall allow marijuana use in violation of this chapter in or on the premises of the business or on property owned, leased, or rented by the business. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.060 Marijuana possession and use under the age of twenty-one prohibited.

No person under twenty-one years of age shall possess or use marijuana. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.070 Unregistered commercial cultivation of marijuana prohibited.

No person shall commercially cultivate marijuana unless the facility and cultivator are validly registered under AS 17.38.100. Each unlawfully cultivated plant shall be considered a separate violation. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))

5.06.080 Commercial marijuana facilities.

Operation of a commercial marijuana facility is prohibited where not expressly permitted in Title 17. (Ord. 16-03 § 1 (part))