A. 
Except as permitted under AS 17.38.020, a person may not sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver marijuana or any marijuana product to a consumer unless the person has obtained a retail marijuana store license from the municipality in compliance with this chapter, or is an employee or agent acting for a licensed retail marijuana store operating in compliance with this chapter. A person seeking a retail marijuana store license must:
1. 
Submit an application for a retail marijuana store license containing the information set out under sections 10.80.020, 10.80.0.21 and 10.80.315; and
2. 
Demonstrate, to the assembly's satisfaction, that the applicant will operate in compliance with:
a. 
Each applicable provision of sections 10.80.300 through 10.80.371 and sections 10.80.700 through 10.80.755; and
b. 
Each applicable land use, public health, fire, safety, and tax law of the municipality.
B. 
A licensee of any retail marijuana store, or an employee or agent of a retail marijuana store, may not have an ownership interest in, or a direct or indirect financial interest in a licensed marijuana testing facility.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A licensed retail marijuana store is authorized to:
1. 
Sell marijuana purchased from a licensed marijuana cultivation facility, packaged and labeled as required under section 10.80.345, 3 AAC 306.470, and 3 AAC 306.475, in an amount not exceeding the limit set out in section 10.80.355, to an individual on the licensed premises for consumption off the licensed premises;
2. 
Sell a marijuana product purchased from a licensed marijuana product manufacturing facility, packaged and labeled as required under section 10.80.345, 3 AAC 306.565 and 3 AAC 306.570, in a quantity not exceeding the limit set out in section 10.80.355, to an individual on the licensed premises for consumption off the licensed premises;
3. 
Store marijuana and marijuana products on the licensed premises in a manner consistent with sections 10.80.710 through 10.80.720;
4. 
Apply for an on-site consumption endorsement under section 10.80.306.
B. 
This section does not prohibit a licensed marijuana retail store from refusing to sell marijuana or a marijuana product to a consumer.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2019-66, § 14, 6-18-2019)
A. 
Unless prohibited by local or state law, a freestanding licensed retail marijuana store with an approved on-site consumption endorsement is authorized to:
1. 
Sell marijuana and marijuana products, excluding marijuana concentrates, to patrons for consumption on the licensed premises at the time of purchase in compliance with this section and section 21.05.055 or 21.50.420, as applicable.
2. 
Sell for consumption on the premises:
a. 
(Reserved)
b. 
Edible marijuana products in quantities not to exceed ten mg of THC to any one person per day.
3. 
Sell food or beverages not containing marijuana or alcohol for consumption on the premises.
4. 
Allow a person to remove from the licensed premises marijuana or marijuana product that has been purchased on the licensed premises for consumption under this section, provided it is packaged in accordance with section 10.80.345.
B. 
A licensed retail marijuana store with an approved on-site consumption endorsement may not:
1. 
Sell marijuana concentrate for consumption in the marijuana consumption area or allow marijuana concentrate to be consumed in the marijuana consumption area;
2. 
Allow any licensee, employee, or agent of a licensee to consume marijuana or marijuana product, including marijuana concentrate, during the course of a work shift;
3. 
Allow a person to consume tobacco or tobacco products in the marijuana consumption area;
4. 
Allow a person to bring into or consume in the marijuana consumption area any marijuana or marijuana product that was not purchased at the licensed retail marijuana store;
5. 
Sell, offer to sell, or deliver marijuana or marijuana product at a price less than the price regularly charged for the marijuana or marijuana product during the same calendar week;
6. 
Sell, offer to sell, or deliver an unlimited amount of marijuana or marijuana product during a set period of time for a fixed price;
7. 
Sell, offer to sell, or deliver marijuana or marijuana product on any one day at prices less than those charged the general public on that day;
8. 
Encourage or permit an organized game or contest on the licensed premises that involves consuming marijuana or marijuana product or the awarding of marijuana or marijuana product as prizes; or
9. 
Advertise or promote in any way, either on or off the premises, a practice prohibited under this section.
C. 
A marijuana consumption area shall have the following characteristics:
1. 
The consumption area shall be isolated from the other areas of the retail marijuana store, separated by walls and a secure door, and shall have access only from the retail marijuana store;
2. 
A smoke-free area for employees to monitor the marijuana consumption area; and
3. 
If consumption by inhalation or smoking is to be permitted, a ventilation system that directs air from the marijuana consumption area to the outside of the building through a filtration system sufficient to remove visible smoke, consistent with all applicable building codes and ordinances, and adequate to eliminate odor at the property line.
D. 
An applicant for an on-site consumption endorsement must file an application on a form prescribed by the municipal clerk, including the documents and endorsement fee set out in this section, which must include:
1. 
The applicant's operating plan, in a format the planning department prescribes, describing the retail marijuana store's plan for:
a. 
Security, in addition to what is required for a retail marijuana store, including:
i. 
Doors and locks;
ii. 
Windows;
iii. 
Measures to prevent diversion; and
iv. 
Measures to prohibit access to persons under the age of 21;
b. 
Ventilation, if consumption by inhalation or smoking is to be permitted, ventilation plans must be:
i. 
Signed and approved by a licensed mechanical engineer;
ii. 
Designed so there is no visible smoke in the retail area or at the lot line; and
iii. 
Consistent with all applicable building codes and ordinances;
c. 
If any of the marijuana consumption area is outdoors, compliance with section 21.05.055 or 21.50.420, as applicable;
d. 
Monitoring overconsumption;
e. 
Controlling unconsumed marijuana, by disposal or by packaging in accordance with section 10.80.345; and
f. 
Preventing introduction into the marijuana consumption area of marijuana or marijuana products not sold by the retail marijuana store, and marijuana or marijuana products not sold specifically for on-site consumption.
E. 
The retail marijuana store holding an on-site consumption endorsement under this chapter shall:
1. 
Destroy all unconsumed marijuana left abandoned or unclaimed in the marijuana consumption area in accordance with the operating plan and section 10.80.740;
2. 
Monitor patrons in the marijuana consumption area at all times, including for overconsumption;
3. 
Display all warning signs required under sections 10.80.360 and 10.80.365 within the marijuana consumption area, visible to all consumers;
4. 
Provide written materials containing marijuana dosage and safety information for each type of marijuana or marijuana product sold for consumption in the marijuana consumption area at no cost to patrons;
5. 
Package and label all marijuana or marijuana product sold for consumption on the premises as required in section 10.80.345; and
6. 
Comply with any conditions imposed by the assembly or placed on the endorsement by the State Marijuana Control Board.
F. 
The holder of an on-site consumption endorsement must apply for renewal at the time of renewal of the underlying retail marijuana store license.
(AO No. 2019-66, § 15, 6-18-2019; AO No. 2023-46, § 2, 4-18-2023)
A. 
A licensed retail marijuana store may not sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver, marijuana or any marijuana product:
1. 
To a person under the age of 21 years of age;
2. 
To a person that is under the influence of an alcoholic beverage, inhalant, or controlled substance;
3. 
That is not labeled and packaged as required in section 10.80.345, 3 AAC 306.470 and 3 AAC 306.475 or 3 AAC 306.565 and 3 AAC 306.570;
4. 
In a quantity exceeding the limit set out in section 10.80.355;
5. 
For sales accepted over the internet or by telephone, accept payment for the transaction from, and provide the purchased marijuana or marijuana product to any person other than the consumer present at the licensed premises who placed the order;
6. 
Display marijuana or marijuana products at a walk-up or drive-through exterior window; all orders received through it must be placed by the consumer from a menu; or
7. 
After the expiration date shown on the label of the marijuana or marijuana product.
B. 
A licensed retail marijuana store may not:
1. 
Conduct business on or allow a consumer to access the retail marijuana store's licensed premises during times prohibited by title 21;
2. 
Allow a person to consume marijuana or a marijuana product on the retail marijuana store's licensed premises except as authorized by a municipal endorsement;
3. 
Allow overconsumption of marijuana or marijuana product in an authorized on-site consumption area;
4. 
Offer, deliver, or sell an alcoholic beverage to a consumer; or
5. 
Offer or deliver free marijuana or marijuana product, including a sample; or
6. 
Allow intoxicated or drunken persons to enter the licensed premises.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2019-66, § 16, 6-18-2019; AO No. 2021-12, § 2, 2-23-2021; AO No. 2023-117, § 1, 1-9-2024)
A. 
In addition to the restrictions of section 10.80.310, a licensed retail marijuana store may not:
1. 
Offer any type of military discount for an individual in the status of Active Duty, Guard, or Reserves in any branch of the United States military. For purposes of this subsection, "military discount" means any reduction in price or other special offer to encourage sales based on the current Active Duty, Guard, or Reserve military status of a potential customer.
a. 
The prohibition against offering a military discount for an individual in the status of Active Duty, Guard, or Reserves in any branch of the United States military does not extend to offering discounts to veterans no longer in Active, Guard, or Reserve status.
b. 
The prohibition against offering a military discount for an individual in the status of Active Duty, Guard, or Reserves in any branch of the United States military shall sunset without further action by the Assembly upon the Department of Defense or the United States Congress issuing guidance or changing the law to allow service members to use cannabis and remain in Active, Guard, and Reserve status without potential for discipline or administrative separation.
(AO No. 2017-16, § 1, 2-14-2017)
An applicant for a new retail marijuana store license must have submitted an application to the State Marijuana Control Board for a state marijuana retail store license deemed complete by the board, and must file with the municipal clerk a copy of all materials the applicant submitted the Marijuana Control Board in accordance with 3 AAC 306.315, and all information required by section 10.80.021.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A retail marijuana store shall ensure that:
1. 
Each licensee, employee, or agent who is required or permitted to be physically present on the licensed premises at any time obtains a marijuana handler permit as provided in 3 AAC 306.700 before being licensed or employed at a retail marijuana store; and
2. 
Each licensee, employee, or agent has that person's marijuana handler permit card in that person's immediate possession, or a valid copy on file on the premises, at all times when on the licensed premises of the retail marijuana store.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A person under 21 years of age may not enter a retail marijuana store.
B. 
Each public entry to a retail marijuana store must be posted with a sign that says "No one under 21 years of age allowed." The sign must be not less than 12 inches long and 12 inches wide, with letters at least one-half inch in height in high contrast to the background of the sign.
C. 
An area of a retail marijuana store's licensed premises where marijuana or any marijuana product is stocked for sale or dispensed for sale is a restricted access area. The retail marijuana store must post signs, require identification, and escort visitors in compliance with section 10.80.710.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 12, 4-25-2017)
A. 
A retail marijuana store shall use a marijuana inventory tracking system as provided in section 10.80.730 to ensure all marijuana and marijuana product in the retail marijuana store's possession is identified and tracked from the time the retail marijuana store receives any batch of marijuana or lot of marijuana product through the sale, transfer to another licensed marijuana establishment, or disposal of the batch of marijuana or lot of marijuana product.
B. 
When marijuana from a marijuana cultivation facility or marijuana product from a marijuana product manufacturing facility is delivered or transported to the licensed premises of a retail marijuana store, the retail marijuana store shall immediately enter identification information for that batch of marijuana or lot of marijuana product into the retail marijuana store's marijuana inventory tracking system. A retail marijuana store may not accept marijuana or a marijuana product that does not have a valid transport manifest generated from the marijuana inventory tracking system of the marijuana establishment that originated the delivery.
C. 
A retail marijuana store shall reconcile each transaction from the retail marijuana store's point-of-sale system and current marijuana inventory to its inventory tracking system at the close of business each day.
D. 
A retail marijuana store shall account for any variance in the quantity of marijuana or marijuana product the retail marijuana store received and the quantity sold, transferred, or disposed of.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A retail marijuana store shall assure that
1. 
Marijuana sold on its licensed premises is packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475;
2. 
Any marijuana product sold on its licensed premises is packaged and labeled in compliance with 3 AAC 306.565 and 3 AAC 306.570, except that section 3 AAC 306.565(b)(2) does not apply to the packaging of wholesale marijuana products that are not edible marijuana products; and
3. 
Marijuana or a marijuana product sold at a retail marijuana store must be packaged in opaque, resealable, child-resistant packaging when the purchaser leaves the retail section of the licensed premises; the packaging must be designed or constructed to be significantly difficult for children under five years of age to open, but not normally difficult for adults to use properly.
B. 
In addition to labeling requirements provided in subsection A of this section, a retail marijuana store shall affix a label to each package of marijuana or marijuana product that:
1. 
Identifies the retail marijuana store selling the marijuana product by name or distinctive logo and marijuana establishment license number;
2. 
States the total estimated amount of THC in the labeled product; and
3. 
Contains each of the following statements:
a. 
"Marijuana has intoxicating effects and may be habit forming and addictive.";
b. 
"Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.";
c. 
"There are health risks associated with consumption of marijuana.";
d. 
"For use only by adults twenty-one and older. Keep out of the reach of children."; and
e. 
"Marijuana should not be used by women who are pregnant or breast feeding.".
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A retail marijuana store shall refuse to sell marijuana or a marijuana product or complete a walk-up or drive-through exterior window order of marijuana or marijuana product to a person who does not produce a form of valid photographic identification showing that person is 21 years of age or older.
B. 
A valid form of photographic identification includes, but is not limited to:
1. 
An unexpired, unaltered passport;
2. 
An unexpired, unaltered driver's license; instruction permit, or identification card of a state or territory of the United States, the District of Columbia, or a province or territory of Canada;
3. 
An identification card issued by a federal or state agency authorized to issue a driver's license or identification card; or
4. 
A tribal identification card, issued by a federally recognized tribe, that meets the following criteria:
a. 
The identification card has a photograph, a signature, and a date of birth, and
b. 
The identification card has security features as identified by AS 28.15.111(a)(4).
C. 
If a sale or the pick-up of an internet or telephone order is at a drive-through exterior window, the retail marijuana store shall require each person in a vehicle at the window to produce identification showing they are each 21 years of age or older, except for the purchaser's own child, grandchild, or ward who is not older than seven years of age.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2023-117, § 1, 1-9-2024)
A. 
A retail marijuana store may not sell to any one person per day:
1. 
More than one ounce of usable marijuana;
2. 
More than seven grams of marijuana concentrate for inhalation; or
3. 
Marijuana or marijuana products, if the total amount of marijuana, marijuana products, or both marijuana and marijuana products sold contains more than 5,600 milligrams of THC.
B. 
These limits include marijuana or marijuana product sold for on-site consumption under section 10.80.306A.2.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2019-66, § 17, 6-18-2019)
A. 
(Reserved)
B. 
An advertisement for marijuana or a marijuana product may not contain a statement or illustration that:
1. 
Is false or misleading;
2. 
Promotes excessive consumption;
3. 
Represents that the use of marijuana has curative or therapeutic effects;
4. 
Depicts a person under 21 years of age consuming marijuana; or
5. 
Includes an object or character, including a toy, a cartoon character, or any other depiction designed to appeal to a person under 21 years of age, that promotes consumption of marijuana.
C. 
A retail marijuana store may not place an advertisement for marijuana or a marijuana product, except as provided in subsection A of this section:
1. 
Within 1,000 feet of the perimeter of any child-centered facility, including a school, a child care facility or other facility providing services to children, a playground or recreation center, a public park, a library, or a game arcade that is open to persons under 21 years of age;
2. 
On or in a public transit vehicle or public transit shelter;
3. 
On or in a publicly owned or operated property;
4. 
Within 1,000 feet of a substance misuse or treatment facility; or
5. 
On a campus for postsecondary education.
D. 
A retail marijuana store may not use giveaway coupons as promotional materials, or conduct promotional activities such as games or competitions to encourage sale of marijuana or marijuana products.
E. 
All advertising for marijuana or any marijuana product must contain each of the following warnings:
1. 
"Marijuana has intoxicating effects and may be habit forming and addictive";
2. 
"Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence";
3. 
"There are health risks associated with consumption of marijuana";
4. 
"For use only by adults twenty-one and older. Keep out of the reach of children"; and
5. 
"Marijuana should not be used by women who are pregnant or breast feeding".
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2020-24, § 1, 3-10-2020)
In addition to the requirements of section 10.80.360, a retail marijuana store's signs must comply with chapter 21.12 of the Anchorage Municipal Code. The municipality may enforce the standards of section 10.80.360 on or off premises. To the extent of any conflict between this chapter and the requirements of chapter 21.12, the more restrictive requirements shall apply.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
In addition to the restrictions of section 10.80.360, an advertisement for marijuana or a marijuana product may not contain a statement or illustration that:
1. 
Advertises any type of military discount for an individual in the status of Active Duty, Guard, or Reserves in any branch of the United States military. For purposes of this section, "military discount" means any reduction in price or other special offer to encourage sales based on the current Active Duty, Guard, or Reserve military status of a potential customer.
a. 
The prohibition against advertising a military discount for an individual in the status of Active Duty, Guard, or Reserves in any branch of the United States military shall sunset without further action by the Assembly upon the Department of Defense or the United States Congress issuing guidance or changing the law to allow service members to use cannabis and remain in Active, Guard, and Reserve status without potential for discipline or administrative separation.
(AO No. 2017-16, § 2, 2-14-2017)
[1]
Editor's note — This section was originally enacted as § 10.80.361 but was renumbered to fit the structure of the Code.
A. 
A marijuana retail store must post, in a conspicuous location visible to customers, the following notices:
1. 
"Consumption of marijuana in public is prohibited by law."
2. 
"Transportation or carriage of marijuana or marijuana products on Alaska waterways, including cruise ships, or by air carrier is prohibited by federal law."
3. 
"Transportation or shipment of marijuana or marijuana products outside of the State of Alaska is prohibited by federal law."
4. 
"Providing marijuana to persons under the age of 21 is prohibited by law."
B. 
Notification signs required by this section must be at least 11 inches by 14 inches in size. Lettering must be at least one-half inch in height and in colors that contrast with the sign background color.
(AO No. 2017-17(S), § 13, 4-25-2017)
A. 
Required sample submission. The municipality may require a retail marijuana store to submit a sample of marijuana, marijuana concentrate or marijuana product it possesses to the municipality or a licensed marijuana testing facility at any time and without notice.
1. 
The municipality may require samples collected pursuant to this rule to be tested for potency and contaminants which may include, but are not limited to, herbicides, pesticides, fungicides, molds, mildew, filth, metals, residual solvents, harmful chemicals and adulterants.
2. 
Samples shall be submitted at no cost to the municipality or the marijuana testing facility; the cost of the laboratory tests shall be borne by the marijuana retail store.
3. 
The marijuana retail store may select the licensed marijuana testing facility that will perform the analyses.
4. 
Chain of custody procedures in 3 AAC 306.650 must be followed by the licensed marijuana testing facility conducting the sampling and analyses.
5. 
The municipality may require the submission of additional samples for analysis by a licensed marijuana testing facility of its choosing to assess inter-laboratory variation. Required samples shall be transported at no cost to the municipality; the costs of the laboratory analyses are the responsibility of the municipality.
B. 
Methods for determining required testing.
1. 
Random testing. The municipality may require samples to be submitted for testing through any one or more of the following processes: random process, risk-based process or other internally developed process.
2. 
Inspection or enforcement tests. The municipality may require a retail marijuana store to submit a sample for testing if the municipality has reasonable grounds to believe that marijuana, marijuana concentrate or marijuana product is contaminated or mislabeled.
3. 
Laboratory procedures. The municipality may determine the specific laboratory procedures to be utilized in analyses, consistent with 3 AAC 306.600—3 AAC 306.675.
4. 
Chain of custody. The municipality shall establish chain of custody procedures to be used for samples it requires to be submitted directly to the municipality consistent with 3 AAC 306.650.
C. 
Failure of samples.
1. 
Potency testing for edible products. A sample is considered to fail the potency test if:
a. 
Maximum THC. An individually packaged edible marijuana packaged edible retail marijuana product is determined to have more than 50 mg of THC within it.
b. 
Homogeneity. If the total THC content of each serving in a multi-unit package is not within 20 percent of the labeled total THC content of the serving.
2. 
Pesticide contamination. A sample of marijuana, marijuana concentrate or marijuana product is considered to fail the pesticide contamination test if the contamination is detected above the acceptable levels specified below:
Analyte
Chemical Abstract Services Registry Number
Maximum Allowable Level
(parts per million)
Abamectin
71751-41-2
0.5
Acephate
30560-19-1
0.4
Acequinocyl
57960-19-7
2
Acetamiprid
135410-20-7
0.2
Aldicarb
116-06-3
0.4
Azoxystrobin
131860-33-8
0.2
Bifenazate
149877-41-8
0.2
Bifenthrin
82657-04-3
0.2
Boscalid
188425-85-6
0.4
Carbaryl
63-25-2
0.2
Carbofuran
1563-66-2
0.2
Chlorantraniliprole
500008-45-7
0.2
Chlorfenapyr
122453-73-0
1
Chlorpyrifos
2921-88-2
0.2
Clofentezine
74115-24-5
0.2
Cyfluthrin
68359-37-5
1
Cypermethrin
52315-07-8
1
Daminozide
1596-84-5
1
DDVP (Dichlorvos)
62-73-7
0.1
Diazinon
333-41-5
0.2
Dimethoate
60-51-5
0.2
Ethoprophos
13194-48-4
0.2
Etofenprox
80844-07-1
0.4
Etoxazole
153233-91-1
0.2
Fenoxycarb
72490-01-8
0.2
Fenpyroximate
134098-61-6
0.4
Fipronil
120068-37-3
0.4
Flonicamid
158062-67-0
1
Fludioxonil
131341-86-1
0.4
Hexythiazox
78587-05-0
1
Imazalil
35554-44-0
0.2
Imidacloprid
138261-41-3
0.4
Kresoxim-methyl
143390-89-0
0.4
Malathion
121-75-5
0.2
Metalaxyl
57837-19-1
0.2
Methiocarb
2032-65-7
0.2
Methomyl
16752-77-5
0.4
Methyl parathion
298-00-0
0.2
MGK-264
113-48-4
0.2
Myclobutanil
88671-89-0
0.2
Naled
300-76-5
0.5
Oxamyl
23135-22-0
1
Paclobutrazol
76738-62-0
0.4
Permethrins1
52645-53-1
0.2
Phosmet
732-11-6
0.2
Piperonyl_butoxide
51-03-6
2
Prallethrin
23031-36-9
0.2
Propiconazole
60207-90-1
0.4
Propoxur
114-26-1
0.2
Pyrethrins2
8003-34-7
1
Pyridaben
96489-71-3
0.2
Spinosad
168316-95-8
0.2
Spiromesifen
283594-90-1
0.2
Spirotetramat
203313-25-1
0.2
Spiroxamine
118134-30-8
0.4
Tebuconazole
80443-41-0
0.4
Thiacloprid
111988-49-9
0.2
Thiamethoxam
153719-23-4
0.2
Trifloxystrobin
141517-21-7
0.2
Notes:
1
Permethrins should be measured as cumulative residue of cis-and trans-permethrin isomers (CAS numbers 54774-45-7 and 51877-74-8 respectively).
2
Pyrethrins should be measured as the cumulative residues of pyrethrin 1, cinerin 1, and jasmolin 1 (CAS numbers 121-21-1, 25402-06-6, and 4466-14-2, respectively).
3. 
Microbial contamination. A sample of marijuana, marijuana concentrate or marijuana product is considered to fail the microbial contamination test if the contamination is detected above the acceptable levels specified below:
Analyte
Acceptable Level
(colony forming unit per gram)
Shiga-toxin producing Escherichia coli (STEC) - bacteria
<1
Salmonella species - bacteria
<1
Aspergillus fumigatus, Aspergillus flavus, Aspergillus niger - fungus
<1
4. 
Residual solvent contamination. A sample of marijuana, marijuana concentrate or marijuana product is considered to fail the residual solvent exceeds the acceptable levels specified below:
Analyte
Acceptable Level
(parts per million)
Butanes
<800
Heptanes
<500
Benzene
<1
Toluene
<1
Hexane
<10
Total xylenes (m,p,o-xylenes)
<1
Any other solvent
Not detected
5. 
Other contamination. A sample of marijuana, marijuana concentrate or marijuana product is considered to fail the test for other contamination if, in the opinion of the Director of the Anchorage Health Department, the levels of metals, herbicides, fungicides, harmful chemicals, or filth pose a danger to public health.
D. 
Failed materials, retests.
1. 
If a sample tested by a marijuana testing facility does not pass the required tests based on the standards set out in this section, the municipality may require all retail marijuana stores within the Municipality of Anchorage to:
a. 
Dispose of all marijuana, marijuana concentrate or marijuana product from the harvest batch or production lot from which the sample was taken or embargo the product until further testing can be conducted;
b. 
If the municipality requires the disposal of the sample, all marijuana retail stores with the failed harvest batch or production lot in their inventory must document the disposal of the marijuana using its marijuana inventory control system.
2. 
If a sample of marijuana fails a required test the municipality may approve a request to allow the lot of marijuana that failed the required test to be returned to a marijuana product manufacturing facility to make a C02 or solvent-based extract. After processing, the C02 or solvent-based extract must pass all required tests.
3. 
If a retail marijuana store or the marijuana cultivation or marijuana product manufacturing facility that produced the product for the retail marijuana store petitions for a retest of marijuana or a marijuana product that failed a required test, the municipality may authorize a retest of the harvest batch or production lot to validate the test results. The retail store, marijuana cultivation facility or a marijuana product manufacturing facility that petitioned for a retest must pay all costs of such retest.
4. 
The Director of the Anchorage Health Department shall review the results of the retest and determine whether the marijuana product is acceptable for sale.
E. 
Reporting; verification.
1. 
A marijuana testing facility must report the result of each required laboratory test directly into its marijuana inventory control system within 24 hours after the test is completed. A marijuana testing facility must provide the final report:
a. 
To the facility that submitted the sample in a timely manner; and
b. 
To the municipal clerk within 72 hours when results of tested samples exceed allowable levels.
2. 
A marijuana testing facility shall establish procedures to ensure that reported result are accurate, precise, and scientifically valid. To ensure reported results are valid, a marijuana testing facility must include in all final reports:
a. 
The name and location of the marijuana testing facility;
b. 
The unique sample identifier assigned by the testing facility;
c. 
The marijuana establishment or other person that submitted the testing sample;
d. 
The sample identifier provided by the person that submitted the testing sample;
e. 
The date the facility received the sample;
f. 
The chain of custody identifier;
g. 
The date of report;
h. 
The type of product tested;
i. 
The test results;
j. 
The units of measure; and
k. 
Any other information or qualifiers needed for interpretation of the test method and the results being reported, including any identified and documented discrepancy.
3. 
A marijuana testing facility may amend a final report for clerical purposes except that test results may not be amended.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2018-118, § 2, 1-1-2019)
A. 
All marijuana concentrates intended for non-smoking oral consumption must be maintained at a temperature of 41 degrees F or lower after extraction process is completed.
1. 
Retail marijuana stores may not sell marijuana concentrates intended for oral consumption if there is reason to believe that the product has not been consistently maintained at a temperature of 41 degrees or lower since the extraction process was completed at the manufacturing facility.
2. 
All marijuana concentrates intended for non-smoking oral consumption must contain a label stating: "This product must be refrigerated."
B. 
The Director of the Anchorage Health Department may waive the requirements in subsection A of this section upon review of written procedures and scientific evidence submitted by the manufacturer that demonstrates that the procedures used to produce the marijuana concentrate results in a product that does not require refrigeration.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2018-118, § 2, 1-1-2019)