A. 
Except as provided under AS 17.38.020, a person may not plant, propagate, cultivate, harvest, trim, dry, cure, package, or label marijuana grown at a place under that person's control or sell marijuana grown at a place under that person's control to a marijuana establishment unless the person has obtained a marijuana cultivation facility license from the municipality in compliance with this chapter or is an employee or agent acting for a licensed marijuana cultivation facility. The municipality will license marijuana cultivation facilities with the privileges and subject to the prohibitions set out in sections 10.80.405 through 10.80.410.
B. 
A person seeking a marijuana cultivation facility license as provided in subsection A of this section must:
1. 
Submit an application for the applicable marijuana cultivation facility license on a form the municipal clerk prescribes, including the information set out under sections 10.80.020, 10.80.021, and 10.80.420; and
2. 
Demonstrate to the assembly's satisfaction that the applicant will operate in compliance with:
a. 
Each applicable provision of sections 10.80.400 through 10.80.460 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.
C. 
A licensee of a marijuana cultivation facility, or an employee or agent of a marijuana cultivation facility, 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 marijuana cultivation facility is authorized to:
1. 
Propagate, cultivate, harvest, prepare, cure, package, store, and label marijuana;
2. 
Sell marijuana only to a licensed retail marijuana store, to another licensed marijuana cultivation facility, or to a licensed marijuana product manufacturing facility;
3. 
Provide samples to a licensed marijuana testing facility for testing;
4. 
Store inventory on the licensed premises; any stored inventory must be secured in a restricted access area and accounted for in the marijuana cultivation facility's marijuana inventory tracking system as required under section 10.80.730;
5. 
Transport marijuana in compliance with section 10.80.750;
6. 
Conduct in-house testing for the marijuana cultivation facility's own use;
7. 
Provide marijuana samples to a licensed retail marijuana store or marijuana product manufacturing facility for the purpose of negotiating a sale.
B. 
A licensed marijuana cultivation facility may also apply for a marijuana product manufacturing facility license and a retail marijuana store license. A marijuana cultivation facility that obtains any other marijuana establishment license shall:
1. 
Conduct any product manufacturing or retail marijuana store operation in a room completely separated from the marijuana cultivation facility by a secure door when co-located; and
2. 
Comply with each provision of this chapter that applies to any other type of marijuana establishment license that the marijuana cultivation facility licensee obtains.
C. 
A licensed marijuana cultivation facility may not:
1. 
Sell, distribute, or transfer marijuana or a marijuana product to a consumer, with or without compensation;
2. 
Allow any person, including a licensee, employee, or agent, to consume marijuana or a marijuana product on the licensed premises or within 20 feet of the exterior of any building on the licensed premises;
3. 
Treat or otherwise adulterate marijuana with any organic or nonorganic chemical or other compound to alter the color, appearance, weight, or odor of the marijuana;
4. 
Except as permitted under a marijuana product manufacturing facility license, extract marijuana concentrate, using any process described in 3 AAC 306.555, at the licensed premises;
5. 
Sell marijuana that is not packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475.
(AO No. 2016-16(S), § 1, 2-9-2016)
An applicant for a new retail cultivation facility license must have submitted an application the State Marijuana Control Board for a state marijuana cultivation facility license deemed complete by the board, and must file with the municipal clerk a copy of all materials the applicant submitted to board in accordance with 3 AAC 306.420 and all information required by section 10.80.021.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A marijuana cultivation facility shall ensure that each licensee, employee, or agent who is required or permitted to be physically present on the licensed premises at any time:
1. 
Obtains a marijuana handler permit as provided in 3 AAC 306.700 before being present or employed at the marijuana cultivation facility's licensed premises; and
2. 
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 while on the marijuana cultivation facility's licensed premises.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A marijuana cultivation facility shall conduct any operation in a restricted access area in compliance with section 10.80.710 and this section.
B. 
A marijuana cultivation facility shall conduct any marijuana growing operation within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.
C. 
A marijuana cultivation facility shall ensure that any marijuana at the marijuana cultivation facility:
1. 
Cannot be observed by the public from outside the cultivation facility; and
2. 
Does not emit an odor that is detectable by the public from outside the marijuana cultivation facility, except as allowed by special land use permit for marijuana.
D. 
A marijuana cultivation facility shall have full video surveillance of the licensed premises as required under section 10.80.720, including any area where marijuana is grown, processed, packaged, or stored, or where marijuana waste is destroyed.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A marijuana cultivation facility shall use a marijuana inventory tracking system in compliance with section 10.80.730 to ensure all marijuana propagated, grown, or cultivated on the marijuana cultivation facility's premises is identified and tracked from the time the marijuana is propagated through transfer to another licensed marijuana establishment or destruction. The marijuana cultivation facility shall assign a tracking number to each plant over eight inches tall. When harvested, bud and flowers, clones or cuttings, or leaves and trim may be combined in harvest batches of distinct strains, not exceeding five pounds. Each harvest batch must be given an inventory tracking number. Clones or cuttings must be limited to 50 or fewer plants and identified by a batch tracking number.
B. 
A marijuana cultivation facility shall record each sale and transport of each batch in its marijuana inventory tracking system, and shall generate a valid transport manifest to accompany each transported batch.
C. 
A marijuana cultivation facility shall record in its marijuana inventory tracking system all marijuana used to provide a sample authorized under section 10.80.460 for the purpose of negotiating sales, including:
1. 
The amount of each sample;
2. 
The retail marijuana store or marijuana product manufacturing facility that received the sample; and
3. 
The disposal of any expired or outdated promotional sample returned to the marijuana cultivation facility.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A marijuana cultivation facility shall comply with all applicable health and safety requirements set out in section 10.80.735 and the additional requirements set out in this section.
B. 
A marijuana cultivation facility shall ensure that any licensee, employee, or agent who is present at the marijuana cultivation facility and in contact with any marijuana:
1. 
Wears clean clothing appropriate for the duties that person performs;
2. 
Wears protective apparel, such as head, face, hand, and arm coverings, as necessary to protect marijuana from contamination; and
3. 
Practices good sanitation and health habits.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
A marijuana cultivation facility may not produce or possess marijuana concentrate that was extracted using any process described in 3 AAC 306.555 on the marijuana cultivation facility's licensed premises. An abutting marijuana product manufacturing facility with a manufacturing facility license must be in a separate room that:
1. 
Is physically separated by a secure door from any cultivation area; and
2. 
Has a sign that clearly identifies the room as a marijuana concentrate production area, and warns unauthorized persons to stay out; and
3. 
Comply with all applicable standards of sections 10.80.500 through 10.80.570.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 14, 4-25-2017)
A. 
A marijuana cultivation facility may provide a free sample of marijuana to a retail marijuana store if packaged in a sample jar containing not more than three and one-half grams of marijuana and protected by a plastic or metal mesh screen to allow customers to smell the product before purchase.
B. 
A marijuana cultivation facility may provide a free sample of marijuana to a retail marijuana store or marijuana product manufacturing facility as follows:
1. 
A sample provided for the purpose of negotiating a sale may be not more than one ounce;
2. 
A marijuana cultivation facility may not provide any one licensed retail marijuana store or marijuana product manufacturing facility with more than one ounce of marijuana per month free-of-charge for the purpose of negotiating a sale.
C. 
A retail marijuana store that receives a marijuana sample may not sell the marijuana sample to a customer, and shall either:
1. 
Return the marijuana sample to the marijuana cultivation facility that provided the sample, or
2. 
Destroy anything that remains of the marijuana sample after use and document the use and destruction in the marijuana store's marijuana inventory control system.
(AO No. 2016-16(S), § 1, 2-9-2016)