Cannabis social clubs should not be prohibited. This is the position of the Kachemak Cannabis Coalition, which I help direct.
On Oct. 22, the City of Homer Cannabis Advisory Commission unanimously agreed with that position, including commission member Homer Police Chief Mark Robl. Robl reasons that concentrating cannabis consumption at businesses makes the "no public consumption" rule more enforceable.
Cannabis clubs are a key issue. The state Marijuana Control Board has proposed a regulation that prohibits "marijuana clubs," including "private clubs, associations or corporations" where a membership fee or cover charge entitles a patron to bring already purchased cannabis to consume on the premises. If you violate the prohibition, you're subject to a civil fine.
Prohibiting cannabis social clubs is cultural discrimination
The title of the initiative passed by Alaska voters included the words "tax and regulate marijuana like alcohol." Once cannabis is purchased and the tax is paid, the cannabis passes out of the jurisdiction of the state and becomes like a bottle of wine or beer. Like beer and wine, cannabis cannot be consumed in public, that is, on the street. In British Columbia, Canada, the Netherlands, and other jurisdictions where cannabis is legal, private clubs, restaurants, bed-and-breakfasts, cafes, tours, coaches and other canna-friendly businesses provide premises where adult patrons can safely and convivially consume cannabis.
Alcohol is consumed at restaurants, hotels, social clubs and associations such as the VFW, the Masons, and the Elks. Imagine the uproar if alcohol consumption were prohibited at private clubs, associations or corporations.
Like harmless social consumption of alcohol, harmless social consumption of cannabis is now protected by the initiative passed by Alaskan voters.
Prohibiting clubs works against good business
Alaska cannabis is world-famous, as is Alaska hospitality. Alaska canna-tourism businesses serve tourists seeking a safe, genuine Alaskan cannabis experience. This has been going on for decades.
Similarly, canna-friendly clubs serve Alaskans who travel to town for business, shopping, education, and health reasons, who want to relax in a safe, convivial atmosphere. It's already happening.
The depth and abundance of Alaska's canna-business economy may surprise people unfamiliar with cannabis culture. The Kachemak Cannabis Coalition receives inquiries from people seeking (1) medicine for seizures, sleep disorders, depression, arthritis, and cancer, (2) to grow cannabis privately, (3) cannabis-friendly community, (4) to serve the canna-business economy by growing, processing, testing, dispensing, or hosting tourists, and investors and entrepreneurs ask about real estate for cannabis-friendly businesses.
Prohibiting cannabis clubs and canna-business will result in unified opposition, widespread civil disobedience, needless litigation at the taxpayer expense, and delay the development of Alaska's other-than-petroleum economy.
It's is unconstitutional
Cannabis clubs, cannabis-friendly B&Bs, cannabis cafes, and the like, are protected by the language of the initiative itself; constitutional guarantees of equal protection, and First Amendment freedom of association, a freedom as fundamental as freedom of the press.
The 14th Amendment of the U.S. Constitution and Article 1 of the Alaska Constitution provide for equal protection under the law. B&Bs and hotels permit patrons to bring their own alcohol to consume on the premises. Likewise, cannabis-friendly businesses should be able to welcome adult patrons to consume cannabis purchased from dispensaries or grown at home.
Prohibiting cannabis social clubs while permitting alcohol social clubs is cultural discrimination. Discrimination against a culture is prohibited by the equal protection clause no less than discrimination by age, gender, religion, handicap, race, or sexual preference.
To "tax and regulate marijuana like alcohol," the definition of "in public" must be essentially the same for alcohol and cannabis. You can't drink booze or consume cannabis on the street. But the MCB presumes to redefine "in public" as "any place to which the public or a substantial portion of the public has access." This is unfair. This drives cannabis consumption right back into the home, and provides no legal way for Alaska tourists to consume cannabis.
The regulatory board says, "Alaska Statute 17.38 (the initiative) does not provide legal authority for the Marijuana Control Board to create a license type permitting consumption of marijuana in a place which is open to the public."
The board doesn't have to create a license type. Canna-friendly businesses need only to be licensed like any other business, subject to local ordinances and standards of decorum.
The cannabis culture has endured enough discrimination, persecution and imprisonment. The cannabis culture has cultural rights. Prohibition is over.
Lindianne Sarno is a music educator in Homer and director of the Kachemak Cannabis Coalition, which has an educational mission. She also serves on the City of Homer Cannabis Advisory Commission. Fellow KBCC directors Wes Schacht, Scott Owens, Michael Glasgow contributed to this commentary.
The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.