Opinions

Municipal marijuana: HB 75 helps Alaska communities regulate a new industry

Last November, Alaskans voted to support the legalization and commercialization of marijuana, following the example of Colorado and Washington. The campaign supporting that ballot measure was the "campaign to regulate marijuana like alcohol."

House Bill 75 is one of the marijuana bills under consideration by the Legislature that seeks to do that — at least to the extent practicable and consistent with how our municipalities manage alcohol establishments and the various licenses under Title 4 (alcohol).

HB 75 is a work product of the House Community and Regional Affairs and Judiciary Committees, more than a dozen municipal attorneys throughout Alaska and attorneys for the Marijuana Policy Project — the group that drafted the initiative language.

Shortly after last year's general election, several municipalities and the Alaska Municipal League came to the House Community and Regional Affairs committee asking the Legislature to provide greater clarity for several of the initiative's provisions and expressing the need for additional definitions.

HB 75 is as much about the process used to develop it as it is about the specific policy contents of the bill. Rather than telling our boroughs and cities what they were going to do, the Community and Regional Affairs Committee asked them what they needed us to do.

During the development of the bill, it was the committee's intent to provide our municipalities with a vehicle to address the most immediate and pressing issues identified to us. HB 75 is "fix it" legislation.

Here is a 40,000-foot overview:

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HB 75 establishes a household plant limit. Currently the limit is a maximum of 24 plants per household, an increase from the original version in the Community and Regional Affairs committee substitute. We've heard consistently from municipalities that one important thing they need is a hard number, and they've said they don't care what it is, as long as there is one. When looking at Alaska's census data, this limit is sufficient to meet the provisions of the initiative for the average Alaska household.

Both state (AS 04.21.015) and federal (27 CFR §25.206) law limit the amount of beer an individual can brew in their own home. Since the initiative campaign was the "campaign to regulate marijuana like alcohol," we felt that this was consistent with the advertised intent of the initiative.

• HB 75 provides clarity about how "assisting" is defined.

• HB 75 provides for a protest and review process. Similar to the processes established for alcohol licenses, the bill provides for a protest and review process to Alaska's municipalities regarding commercial marijuana registrations.

• HB 75 provides for a local option election process for established villages to "opt out" of allowing commercial marijuana establishments. Again, it's nearly identical to provisions included in Title 4 governing alcohol.

• HB 75 provides for the "marijuana clubs" as a new type of commercial establishment. This was at the express request of numerous municipalities. Our municipalities thought it was important to have a statutory definition so that they were clear on what that could allow for or ban.

• HB 75 clarifies how municipalities must conduct local processes within the construct of the State Administrative Procedures Act. Many municipalities have their own version of AS 44.62, substantially similar to the state's. They asked us to allow some flexibility to use their own ordinances when those ordinances exist.

• HB 75 clarifies for municipalities that, generally, any power they have to regulate alcohol establishments they also have to regulate marijuana establishments.

HB 75 is not a bill that opens up Title 29 and expands municipal authority. It is not a bill that attempts, or was ever intended, to address every issue associated with the passage of Ballot Measure 2.

It is my hope we can all recognize that Alaska's municipalities need assistance -- assistance in the interests of public health, public safety and protection of trade -- as they attempt to write their ordinances and prepare for this new industry.

The campaign promoting Ballot Measure 2 was advertised as "the campaign to regulate marijuana like alcohol," and HB 75, in a limited scope, does precisely that.

Rep. Cathy Tilton represents House District 12, which encompasses the communities of Butte, Chugiak, Eklutna, Fairview Loop and Peters Creek. She is a 30-year resident of the Mat-Su valley area and grew up fishing rivers near Chugiak with her grandparents.

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.

Cathy Tilton

Rep. Cathy Tilton represents House District 12 which encompasses the communities of Butte, Chugiak, Eklutna, Fairview Loop and Peters Creek. She is a 30-year resident of the Mat-Su Valley and grew up fishing rivers near Chugiak with her grandparents.

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