A. 
Marijuana establishment applications are public records. The municipal clerk, in consultation with the Municipal Attorney, may, at the request of any applicant, designate materials confidential if they:
1. 
Contain proprietary information including trade secrets; or
2. 
Are required to be kept confidential by any federal or state law or regulation.
(AO No. 2016-16(S), § 1, 2-9-2016)
Nothing in this chapter prohibits a licensee from refusing to sell marijuana or marijuana products to any person unless that refusal is in violation of Title 5 of the Anchorage Municipal Code.
(AO No. 2016-16(S), § 1, 2-9-2016)
Until a marijuana establishment surrenders its license to the municipal clerk, and so long as business is conducted under the license on the licensed premises, the person holding the license, whether an individual, a partnership, a limited liability company, a corporation, or a local government, is responsible and liable for the conduct of the business. Any individual exercising actual authority over the conduct of business on the licensed premises must be the holder of the marijuana establishment license, or an agent or employee of that person unless the assembly has approved a transfer of the license to a different person.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
If an individual who is the sole licensee of a marijuana establishment dies, the marijuana establishment shall cease operation. A personal representative appointed by the superior court for the estate of the deceased licensee may submit to the municipal clerk a written request to reopen the business, along with a copy of the court order appointing the personal representative. If the licensed marijuana establishment is in good standing, and the personal representative is not a person prohibited from holding a marijuana establishment license by AS 17.38.200(i) or section 10.80.011, the municipal clerk shall grant permission to the personal representative to operate the business on the licensed premises subject to subsection B of this section. In this section, a marijuana establishment is in "good standing" if the marijuana establishment:
1. 
Has a valid current license;
2. 
Has paid all fees due under this chapter and all local taxes due; and
3. 
Has no unresolved suspension or revocation proceedings against it.
B. 
A personal representative authorized to operate a marijuana establishment under subsection A of this section must submit an application for a transfer of ownership to another person in compliance with section 10.80.045 not later than 90 days after obtaining the municipal clerk's approval to operate. The municipal clerk may extend the time allowed in this section for another 90 days if the personal representative requests the additional time.
C. 
This section does not authorize the transfer of a marijuana establishment license unless the assembly approves the personal representative's application for transfer of license to another person.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
In this chapter:
"Affiliate"
means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a partnership, limited liability company, or corporation subject to this chapter.
"Assisting"
does not include:
1. 
Using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020;
2. 
Possessing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020;
3. 
Growing marijuana plants for another person in a place other than:
a. 
That other person's primary residence; or
b. 
A garage, shed, or similar place under the other person's control.
"Delivering"
1. 
Means handing to a person who purchases the product on licensed premises only;
2. 
Does not include transferring or transporting to a consumer off licensed premises.
"Flowering"
means a marijuana plant that has visible crystals, buds, or flowers, or for which the exposure to light is scheduled with the intent to produce crystals, buds, or flowers.
"Immature"
means a marijuana plant with no visible crystals, buds, or flowers, and in which the exposure to light is scheduled with the intent to prevent formation of crystals, buds, or flowers.
"In public"
1. 
Means in a place to which the public or a substantial group of people has access; and
2. 
Includes highways, transportation facilities, schools, laces of amusement or business, parks, playgrounds, prisons, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
"Municipal Clerk"
means the Municipal Clerk or the Clerk's designate.
"Personal cultivation"
does not include:
1. 
Using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020;
2. 
Possessing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020;
3. 
Growing marijuana plants for another person in a place other than:
a. 
That other person's primary residence; or
b. 
A garage, shed, or similar place under the other person's control.
"Possess"
means having physical possession or control over property.
"Registration"
means licensure or license.
B. 
In this chapter, unless the context requires otherwise:
"Adulterated food or drink product"
1. 
Means a product that is intended to be consumed orally and that existed without marijuana in a form ready for consumption before marijuana was added by any process;
2. 
Does not include raw ingredients that are combined with marijuana in a manufacturing process.
"Agent"
1. 
Means a representative who is authorized to act for a licensee, the assembly, or the municipal clerk, as context requires;
2. 
Includes a contractor or subcontractor.
"Batch" or "harvest batch"
means a specifically identified quantity of plant trim, leaf, and other usable product from marijuana plants that are uniform in strain, cultivated in one place and under the same conditions, using the same medium and agricultural chemicals including pesticides and fungicides, and harvested at the same time.
"Bud and flower"
means the hairy, sticky, or crystal-covered parts of mature female marijuana plants generally harvested for their high potency content.
"Business day"
means a day other than a Saturday, Sunday, or a state holiday.
"CBD"
means cannabidiol; "CBDA" means CBD Acid; "CBN" means cannabinol.
"Clones" or "cuttings"
means small starter plants:
1. 
Shorter than eight inches tall; and
2. 
Used to propagate marijuana plants.
"Compensation"
1. 
Means money, bartered objects or services, or anything else of value, whether given as payment or voluntarily as a donation, when accepted by a person who gives, distributes, or delivers marijuana to another;
2. 
Includes a cover charge, a delivery charge, and a packaging charge.
"Concentrate" or "marijuana concentrate"
means resin, oil, wax, or any other substance produced by extracting or isolating cannabinoids, THC, or other components from a marijuana plant or from materials harvested from a marijuana plant.
"Consumer"
1. 
Means an individual who purchases and uses marijuana or a marijuana product; and
2. 
Does not include a marijuana establishment that resells marijuana or incorporates marijuana into a manufactured product.
"Consumption"
has the meaning given in AS 17.38.900(3).
"Contaminant"
means one or more of the following:
1. 
Harmful microbials, including Escherichia coli (E. coli), or Salmonella species;
2. 
Residual solvents;
3. 
Poisons or toxins;
4. 
Harmful chemicals, including pesticides;
5. 
Dangerous molds, mildew, or filth.
"Controlling interest"
means ownership or control of:
1. 
50 percent or more of the ownership interest or voting shares of a corporation; or
2. 
Less than 50 percent if a person and family members jointly exert actual control as demonstrated by:
a. 
Making decisions for the corporation without independent participation of other owners;
b. 
Exercising day-to-day control over the corporation's affairs;
c. 
Disregarding formal legal requirements;
d. 
Using corporation funds for personal expenses or investments, or intermingling corporation finances with personal finances; or
e. 
Taking other actions that indicate the corporation is a mere instrumentality of the individual.
"Distribute"
means spread out or pass out among several or many members of a group.
"Drunken person"
has the meaning given in AS 04.21.080(b)(9).
"Edible" and "edible marijuana product"
1. 
Means a marijuana product that is intended to be consumed orally, whether as food or drink;
2. 
Does not include an adulterated food or drink product.
"Extraction" or "marijuana extraction"
means production of marijuana concentrate by any water-based, food-based, or solvent-based method.
"Freestanding"
has the meaning given in AS 18.35.301(i)(1).
"Homogenous"
means a component or quality, such as THC, is spread evenly throughout the product, or can be found in equal amounts in each part of a multi-serving unit.
"Individual"
means a natural person.
"In-house testing"
1. 
Means laboratory testing as provided in 3 AAC 306.635 and that does not meet the requirements of 3 AAC 306.645;
2. 
Does not include consumption of any marijuana or marijuana product on the licensed premises.
"Intoxicated"
has the meaning given in AS 11.81.900(b)(35).
"Licensed"
1. 
Means holding a current and valid license that the municipal clerk has issued under this chapter;
2. 
Does not include holding a formerly valid license that has expired or that has been suspended or revoked.
"Licensee"
means each individual identified in 3 AAC 306.020 who must be listed in an application for a marijuana establishment license under this chapter.
"Licensed premises"
means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a marijuana establishment license is issued, and used, controlled, or operated by the marijuana establishment to carry out the business for which it is licensed.
"Lot" or "production lot"
means a group of marijuana products that were prepared at the same time from the same batch of marijuana, using the same recipe or process.
"Marijuana"
has the meaning given in AS 17.38.900.
"Marijuana consumption area"
means a designated area within the licensed premises of a retail marijuana store that holds a valid on-site consumption endorsement, where marijuana and marijuana products, excluding marijuana concentrates, may be consumed.
"Marijuana cultivation facility"
has the meaning given in AS 17.38.900.
"Marijuana infused product"
1. 
Means a product that contains marijuana or marijuana concentrate and is intended for human use;
2. 
Does not include bud and flower marijuana.
"Marijuana plant"
means a living organism of the genus Cannabis capable of absorbing water and inorganic substances through its roots, and synthesizing nutrients in its leaves by photosynthesis.
"Marijuana product"
has the meaning given in AS 17.38.900.
"Marijuana product manufacturing facility"
has the meaning given in AS 17.38.900.
"Overconsumption"
means, in relation to consumption of marijuana or marijuana product, (1) more than the amount allowed for on-site consumption under section 10.80.306A.2, or (2) consumption of an amount that results in the person being affected by marijuana or marijuana products to the point where the person's physical or mental conduct is substantially impaired.
"Peace officer"
has the meaning given in AS 01.10.060.
"Person"
has the meaning given in AS 01.10.060.
"Process" or "processing"
means harvesting, curing, drying, or trimming of a marijuana plant.
"Propagate"
means to cause a marijuana plant to grow by planting clones or cuttings, and nurturing them into viable plants up to eight inches in height.
"Recreation or youth center"
means a building, structure, athletic playing field, or playground:
1. 
Run or created by a local government or the state to provide athletic, recreational, or leisure activities for persons under 21 years of age; or
2. 
Operated by a public or private organization licensed to provide shelter, training, or guidance for minors.
"Retail marijuana store"
has the meaning given in AS 17.38.900.
"Retail marijuana store premises"
means an area encompassing both the retail marijuana store and any marijuana consumption area.
"Square feet under cultivation"
1. 
Means an area of the licensed premises of a marijuana cultivation facility that is used for growing marijuana, measured from the perimeter of the floor or growing space for marijuana;
2. 
Does not include a processing or storage area, an equipment storage area, an office, a hallway, or another area, if that area is not used for growing marijuana.
"THC"
means tetrahydrocannabinol, the main psychoactive substance found in marijuana.
"THCA"
means THC Acid.
"Transaction"
means one single occurrence in which marijuana or a marijuana product not exceeding the limits set out in section 10.80.355 is passed from a licensed marijuana establishment to another person.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-95(S), § 8, 5-1-2017; AO No. 2017-150, § 2, 10-11-2017; AO No. 2019-66, § 25, 6-18-2019)