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11/02/2024 09:29:00 am

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Thinking About Selling Marijuana in Alaska? The Rules are Changing

Stricter Rules

(Photo : Getty Images/Andrew Burton) A marijuana plant thrives on the window sill of a family home in Yupik, Alaska. The Alaska Marijuana Control Board recently reinstated more stringent rules on residency requirements for investors in Alaska's commercial cannabis industry.

Reversing a previous decision, Alaska's Marijuana Control Board restored on Tuesday stricter residency requirements for people who wish to participate in the state's commercial cannabis industry.

The board had previously voted in favor of a controversial amendment in the language of the rules that would have allowed outside investors to provide funds for Alaska's marijuana businesses.

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While regulations as currently written hold that marijuana businesses have to be 100 percent Alaskan, the governing body had voted to alter the rules that define what it is to be Alaskan to match those required for voter registration. 

Prior to this amendment, the rules governing potential investors matched those imposed on people applying for Alaska's Permanent Dividend fund.

Board member Mark Springer led the call for less stringent residency requirements.  He said his proposal was meant to address concerns that more stringent rules could limit investment opportunities for some Alaskans.  

"There are people in this state who travel out of state long enough not to get a dividend, but they live here," Springer explained.  "So I was looking at it as providing the opportunity."

But Springer's amendment would have blown the door to Alaska's fledgling cannabis industry wide open to outside investors, according to The Alaska Dispatch News

The reversal on Tuesday came at the heels of a debate that involved not only the people and supporters of the industry, but also board members and other state officials.

Public health board member Loren Jones, who was one of two board members to vote against Springer's amendment, said he opposed the vote because all that would have been needed to prove residency is to rent an apartment in Alaska and cancel one's voter registration elsewhere.

Assistant attorney general Harriet Milks agreed, saying the amendment would have subverted the entire program.  

Tuesday's decision restores residency requirements to match the more stringent rules that govern eligibility for the state's Permanent Dividend fund. This means potential investors must now have school, employment and more detailed residency records, among others.    

The people of Alaska voted last year to legalize the recreational use of marijuana among adults 21 and older. Under state law, however, it remains illegal to purchase or sell marijuana because Alaska has yet to establish rules and guidelines for the issuance of licenses for marijuana businesses.

The board, which is presently crafting the necessary rules, is scheduled to begin accepting applications by February next year.  The State of Alaska is expected to award its first cannabis industry licenses in May 2016.  

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