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HOUSE BILL NO. 117
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE RULES COMMITTEE
Introduced: 3/17/23
Referred: Labor and Commerce, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to cannabis and cannabis seeds; relating to the regulation of cannabis
2 and cannabis facilities; relating to criminal law; relating to controlled substances;
3 relating to misbranded drugs and devices; relating to medical uses of cannabis; relating
4 to cannabis taxes; relating to the duties of the Department of Commerce, Community,
5 and Economic Development and the Department of Environmental Conservation;
6 renaming the Marijuana Control Board the Cannabis Control Board; relating to the
7 Cannabis Control Board; repealing the industrial hemp program; relating to the
8 cannabis use education and treatment program; relating to adulterated foods; and
9 providing for an effective date."
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
11 * Section 1. AS 03.20.150 is amended to read:
12 Sec. 03.20.150. Applicability of other laws. Nothing in AS 03.20.110 -
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1 03.20.150 authorizes a person to
2 (1) violate 7 U.S.C. 2321 - 2582 (Plant Variety Protection Act of
3 1970);
4 (2) give, exchange, or receive a seed
5 (A) from a plant that is regulated as
6 (i) a controlled substance under AS 11.71 or a drug
7 under AS 17.20; or
8 (ii) cannabis [MARIJUANA] under AS 17.38; or
9 (B) patented under 35 U.S.C. 161 - 164 (Plant Patent Act of
10 1930);
11 (3) possess, give, or exchange seed that is considered to be noxious,
12 invasive, or toxic under AS 03.05 or AS 44.37 or a regulation adopted under those
13 chapters.
14 * Sec. 2. AS 04.06.070 is amended to read:
15 Sec. 04.06.070. Appointment and removal of director. The governor shall
16 appoint a director to serve as the executive officer of the board and the Cannabis
17 [MARIJUANA] Control Board created under AS 17.38.080. The director may be
18 removed by a majority vote of the full membership of the board and a majority vote of
19 the full membership of the Cannabis [MARIJUANA] Control Board. The governor
20 may remove the director for misconduct, misfeasance, or malfeasance in office. The
21 governor may not remove the director unless the director is given a copy of the
22 charges and afforded an opportunity to be publicly heard, in person or by counsel, in
23 defense against the charges upon at least 10 days' notice. If the director is removed for
24 cause, the governor shall file with the lieutenant governor a complete statement of all
25 charges made against the director and the findings based on the charges, together with
26 a complete record of any hearing.
27 * Sec. 3. AS 11.71.040(a) is amended to read:
28 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the
29 crime of misconduct involving a controlled substance in the fourth degree if the person
30 (1) manufactures or delivers any amount of a schedule IVA or VA
31 controlled substance or possesses any amount of a schedule IVA or VA controlled
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1 substance with intent to manufacture or deliver;
2 (2) manufactures or delivers, or possesses with the intent to
3 manufacture or deliver, one or more preparations, compounds, mixtures, or substances
4 of an aggregate weight of six ounces [ONE OUNCE] or more containing a schedule
5 VIA controlled substance;
6 (3) possesses any amount of a schedule IA controlled substance listed
7 in AS 11.71.140(e);
8 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance
9 (A) with reckless disregard that the possession occurs
10 (i) on or within 500 feet of school grounds; or
11 (ii) at or within 500 feet of a recreation or youth center;
12 or
13 (B) on a school bus;
14 (5) knowingly keeps or maintains any store, shop, warehouse,
15 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for
16 keeping or distributing controlled substances in violation of a felony offense under this
17 chapter or AS 17.30;
18 (6) makes, delivers, or possesses a punch, die, plate, stone, or other
19 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying
20 mark, imprint, or device of another or any likeness of any of these on a drug, drug
21 container, or labeling so as to render the drug a counterfeit substance;
22 (7) knowingly uses in the course of the manufacture or distribution of a
23 controlled substance a registration number that is fictitious, revoked, suspended, or
24 issued to another person;
25 (8) knowingly furnishes false or fraudulent information in or omits
26 material information from any application, report, record, or other document required
27 to be kept or filed under AS 17.30;
28 (9) obtains possession of a controlled substance by misrepresentation,
29 fraud, forgery, deception, or subterfuge;
30 (10) affixes a false or forged label to a package or other container
31 containing any controlled substance;
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1 (11) [REPEALED]
2 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years,
3 has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or
4 ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4).
5 * Sec. 4. AS 11.71.050(a) is amended to read:
6 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the
7 crime of misconduct involving a controlled substance in the fifth degree if the person
8 (1) manufactures or delivers, or possesses with the intent to
9 manufacture or deliver, one or more preparations, compounds, mixtures, or substances
10 of an aggregate weight of less than six ounces [ONE OUNCE] containing a schedule
11 VIA controlled substance;
12 (2) [REPEALED]
13 (3) fails to make, keep, or furnish any record, notification, order form,
14 statement, invoice, or information required under AS 17.30;
15 (4) under circumstances not proscribed under AS 11.71.030(a)(3),
16 11.71.040(a)(3), or 11.71.040(a)(4) possesses any amount of a schedule IA, IIA, IIIA,
17 IVA, or VA controlled substance; or
18 (5) under circumstances not proscribed under AS 11.71.040(a)(4),
19 possesses one or more preparations, compounds, mixtures, or substances of an
20 aggregate weight of six ounces [ONE OUNCE] or more containing a schedule VIA
21 controlled substance.
22 * Sec. 5. AS 11.71.060(a) is amended to read:
23 (a) Except as authorized in AS 17.30 or AS 17.38, a person commits the crime
24 of misconduct involving a controlled substance in the sixth degree if the person
25 (1) uses or displays any amount of a schedule VIA controlled
26 substance;
27 (2) possesses one or more preparations, compounds, mixtures, or
28 substances of an aggregate weight of
29 (A) less than six ounces [ONE OUNCE] containing a schedule
30 VIA controlled substance;
31 (B) [REPEALED]
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1 (3) refuses entry into a premise for an inspection authorized under
2 AS 17.30.
3 * Sec. 6. AS 11.71.080 is amended to read:
4 Sec. 11.71.080. Aggregate weight of live cannabis [MARIJUANA] plants.
5 For purposes of calculating the aggregate weight of a live cannabis [MARIJUANA]
6 plant, the aggregate weight shall be one-sixth of the measured weight of the cannabis
7 [MARIJUANA] plant after the roots of the cannabis [MARIJUANA] plant have been
8 removed.
9 * Sec. 7. AS 11.71.125(f) is amended to read:
10 (f) The attorney general may not adopt an emergency regulation under this
11 section that schedules an alcoholic beverage as defined in AS 04.21.080, cannabis
12 [MARIJUANA] as defined in AS 17.38.900, or tobacco.
13 * Sec. 8. AS 11.71.190(b) is amended to read:
14 (b) Cannabis [MARIJUANA] is a schedule VIA controlled substance.
15 * Sec. 9. AS 11.71.900(14) is amended to read:
16 (14) "manufacture"
17 (A) means the production, preparation, propagation,
18 compounding, conversion, growing, or processing of a controlled substance,
19 either directly or indirectly by extraction from substances of natural origin, or
20 independently by means of chemical synthesis, or by a combination of
21 extraction and chemical synthesis; however, the growing of cannabis
22 [MARIJUANA] for personal use is not manufacturing;
23 (B) includes the preparation, compounding, packaging,
24 repackaging, labeling, or relabeling of a controlled substance or its container
25 unless done in conformity with applicable federal law
26 (i) by a practitioner as an incident to the practitioner's
27 administering or dispensing of a controlled substance in the course of
28 the practitioner's professional practice; or
29 (ii) by a practitioner, or by the practitioner's authorized
30 agent under the practitioner's supervision, for the purpose of, or as an
31 incident to, research, teaching, or chemical analysis and not for sale;
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1 * Sec. 10. AS 11.81.900(b)(6) is amended to read:
2 (6) "cannabis" has the meaning given in AS 17.38.900 [ASCRIBED
3 TO IT IN AS 11.71.900(11), (12), AND (15)];
4 * Sec. 11. AS 11.81.900(b)(23) is amended to read:
5 (23) "electronic smoking product"
6 (A) means
7 (i) any product containing or delivering nicotine or any
8 other substance intended for human consumption that can be used by a
9 person through inhalation of vapor or aerosol from the product, of any
10 size or shape, whether the product is manufactured, distributed,
11 marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,
12 or any other product name or descriptor; or
13 (ii) a component, solution, alternative tobacco product,
14 e-liquid, e-juice, vapor product, flavoring, or other related product of an
15 electronic cigarette, electronic cigar, electronic cigarillo, electronic
16 pipe, or other similar device of any size or shape used for, or to assist
17 with, aerosolizing and inhaling chemical substances that may cause an
18 adverse effect on human health;
19 (B) does not include cannabis [MARIJUANA] as defined in
20 AS 11.71.900;
21 * Sec. 12. AS 12.62.400(a) is amended to read:
22 (a) To obtain a national criminal history record check for determining a
23 person's qualifications for a license, permit, registration, employment, or position, a
24 person shall submit the person's fingerprints to the department with the fee established
25 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau
26 of Investigation to obtain a national criminal history record check of the person for the
27 purpose of evaluating a person's qualifications for
28 (1) a license or conditional contractor's permit to manufacture, sell,
29 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage
30 under AS 04.11;
31 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage
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1 loan originator under AS 06.60;
2 (3) admission to the Alaska Bar Association under AS 08.08;
3 (4) licensure as a collection agency operator under AS 08.24;
4 (5) a certificate of fitness to handle explosives under AS 08.52;
5 (6) licensure as a massage therapist under AS 08.61;
6 (7) licensure to practice nursing or certification as a nurse aide under
7 AS 08.68;
8 (8) certification as a real estate appraiser under AS 08.87;
9 (9) a position involving supervisory or disciplinary power over a minor
10 or dependent adult for which criminal justice information may be released under
11 AS 12.62.160(b)(9);
12 (10) a teacher certificate under AS 14.20;
13 (11) a registration or license to operate a cannabis [MARIJUANA]
14 establishment under AS 17.38;
15 (12) admittance to a police training program under AS 18.65.230 or for
16 certification as a police officer under AS 18.65.240 if that person's prospective
17 employer does not have access to a criminal justice information system;
18 (13) licensure as a security guard under AS 18.65.400 - 18.65.490;
19 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790;
20 (15) licensure as an insurance producer, managing general agent,
21 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines
22 broker, or independent adjuster under AS 21.27;
23 (16) serving and executing process issued by a court by a person
24 designated under AS 22.20.130;
25 (17) a school bus driver license under AS 28.15.046;
26 (18) licensure as an operator or an instructor for a commercial driver
27 training school under AS 28.17;
28 (19) registration as a broker-dealer, agent, investment adviser
29 representative, or investment adviser under AS 45.56.300 - 45.56.350;
30 (20) licensure, license renewal, certification, certification renewal, or
31 payment from the Department of Health of an individual and an entity subject to the
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1 requirements for a criminal history check under AS 47.05.310, including
2 (A) a public home care provider described in AS 47.05.017;
3 (B) a provider of home and community-based waiver services
4 financed under AS 47.07.030(c);
5 (C) a case manager to coordinate community mental health
6