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(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 director 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 under AS 17.38.200 (i), the director shall grant permission to the personal representative to operate the business on the licensed premises subject to (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 (a) of this section must submit an application for a transfer of ownership to another person in compliance with 3 AAC 306.045 not later than 90 days after obtaining the director's approval to operate. The board 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 board approves the personal representative's application for transfer of license to another person.

History: Eff. 2/21/2016, Register 217

Authority: AS 17.38.010

AS 17.38.070

AS 17.38.121

AS 17.38.150

AS 17.38.190

AS 17.38.200

AS 17.38.900

3 AAC 306.925. Submissions to the board

Except as otherwise specifically provided in this chapter, applications and communications of a formal nature must be submitted in writing, upon prescribed forms as appropriate, to the board at its main office, and are not considered timely filed until received there.

History: Eff. 12/28/2016, Register 220

Authority: AS 17.38.190

AS 17.38.200

3 AAC 306.930. Staff

(a) The director of the board is responsible for the management of the board's offices, the administration of the board's functions, and the enforcement of AS 17.38 and this chapter.

(b) The director shall employ and supervise necessary clerical and investigative personnel and shall prescribe their duties and authority.

(c) The director shall prescribe forms for application for new licenses, transfers, and renewals and for endorsements, petitions, and other necessary documents.

History: Eff. 12/28/2016, Register 220

Authority: AS 17.38.140

AS 17.38.150

AS 17.38.190

3 AAC 306.935. Conduct of board meetings

(a) The board will, at the first meeting of each calendar year, select a chair from among its members to preside over board meetings during the ensuing year.

(b) The board will meet at the call of the chair after reasonable public notice is given.

(c) For the purposes of AS 17.38.111 (b), the whole membership is all persons appointed and serving as members of the board.

(d) The director is responsible for preparing an informative agenda for each board meeting. A copy of the agenda must be available for inspection by persons who request it.

History: Eff. 12/28/2016, Register 220

Authority: AS 17.38.111

AS 17.38.121

AS 17.38.150

AS 17.38.190

3 AAC 306.990. Definitions

(a) In AS 17.38 and this chapter,

(1) "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;

(2) "assisting" does not include

(A) using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020 ;

(B) possessing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020 ;

(C) growing marijuana plants for another person in a place other than

(i) that other person's primary residence; or

(ii) a garage, shed, or similar place under the other person's control;

(3) "delivering"

(A) means handing to a person who purchases the product on licensed premises only;

(B) does not include transferring or transporting to a consumer off licensed premises;

(4) "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;

(5) "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;

(6) "in public"

(A) means in a place to which the public or a substantial group of people has access;

(B) except as provided in (C) of this paragraph, includes highways, transportation facilities, schools, places 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;

(C) does not include an area on the premises of a licensed retail marijuana store designated for onsite consumption under 3 AAC 306.305;

(7) "personal cultivation" does not include

(A) using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020 ;

(B) possessing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020 ;

(C) growing marijuana plants for another person in a place other than

(i) that other person's primary residence; or

(ii) a garage, shed, or similar place under the other person's control;

(8) "possess" means having physical possession or control over property;

(9) "registration" means licensure or license;

(10) repealed 10/11/2017.

(b) In this chapter, unless the context requires otherwise,

(1) "adulterated food or drink product"

(A) 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;

(B) does not include raw ingredients that are combined with marijuana in a manufacturing process;

(2) "agent"

(A) means a representative who is authorized to act for a licensee, the board, or the director;

(B) includes a contractor or subcontractor;

(3) "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;

(4) "bud and flower" means the hairy, sticky, or crystal-covered parts of mature female marijuana plants generally harvested for their high potency content;

(5) "business day" means a day other than a Saturday, Sunday, or a state holiday;

(6) "CBD" means cannabidiol;

(7) "CBDA" means CBD Acid;

(8) "CBN" means cannabinol;

(9) "clones" or "cuttings" means small starter plants

(A) shorter than eight inches tall; and

(B) used to propagate marijuana plants;

(10) "compensation"

(A) 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;

(B) includes a cover charge, a delivery charge, and a packaging charge;

(11) "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;

(12) "consumer"

(A) means an individual who purchases and uses marijuana or a marijuana product; and

(B) does not include a marijuana establishment that resells marijuana or incorporates marijuana into a manufactured product;

(13) "contaminant" means one or more of the following:

(A) harmful microbials, including Escherichia coli (E. coli). or Salmonella species;

(B) residual solvents;

(C) poisons or toxins;

(D) harmful chemicals, including pesticides;

(E) dangerous molds, mildew, or filth;

(14) "controlling interest" means ownership or control of

(A) 50 percent or more of the ownership interest or voting shares of a corporation; or

(B) less than 50 percent if a person and family members jointly exert actual control as demonstrated by

(i) making decisions for the corporation without independent participation of other owners;

(ii) exercising day-to-day control over the corporation's affairs;

(iii) disregarding formal legal requirements;

(iv) using corporation funds for personal expenses or investments, or intermingling corporation finances with personal finances; or

(v) taking other actions that indicate the corporation is a mere instrumentality of the individual;

(15) "distribute" means spread out or pass out among several or many members of a group;

(16) "edible" and "edible marijuana product"

(A) means a marijuana product that is intended to be consumed orally, whether as food or drink;

(B) does not include an adulterated food or drink product;

(17) "extraction" or "marijuana extraction" means production of marijuana concentrate by any water-based, food-based, or solvent-based method;

(18) "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;

(19) "individual" means a natural person;

(20) "in-house testing"

(A) means laboratory testing as provided in 3 AAC 306.635 and that does not meet the requirements of 3 AAC 306.645;

(B) does not include consumption of any marijuana or marijuana product on the licensed premises;

(21) "licensed"

(A) means holding a current and valid license that the board has issued under this chapter;

(B) does not include holding a formerly valid license that has expired or that the board has suspended or revoked;

(22) "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;

(23) "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;

(24) "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;

(25) "marijuana" has the meaning given in AS 17.38.900 ;

(26) "marijuana cultivation facility" has the meaning given in AS 17.38.900 ;

(27) "marijuana infused product"

(A) means a product that contains marijuana or marijuana concentrate and is intended for human use;

(B) does not include bud and flower marijuana;

(28) "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;

(29) "marijuana product" has the meaning given in AS 17.38.900 ;

(30) "marijuana product manufacturing facility" has the meaning given in AS 17.38.900 ;

(31) "peace officer" has the meaning given in AS 01.10.060 ;

(32) "person" has the meaning given in AS 01.10.060 ;

(33) "process" or "processing" means harvesting, curing, drying, or trimming of a marijuana plant;

(34) "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;

(35) "recreation or youth center" means a building, structure, athletic playing field, or playground

(A) 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

(B) operated by a public or private organization licensed to provide shelter, training, or guidance for persons under 21 years of age;

(36) "retail marijuana store" has the meaning given in AS 17.38.900 ;

(37) "square feet under cultivation"

(A) means an area of the licensed premises of a standard or limited marijuana cultivation facility that is used for growing marijuana, measured from the perimeter of the floor or growing space for marijuana;

(B) 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;

(38) "THC" means tetrahydrocannabinol, the main psychoactive substance found in marijuana;

(39) "THCA" means THC Acid;

(40) "transaction" means one single occurrence in which marijuana or a marijuana product not exceeding the limits set out in 3 AAC 306.355 is passed from a licensed marijuana establishment to another person.

History: Eff. 2/24/2015, Register 213; am 2/21/2016, Register 217; am 10/11/2017, Register 224

Authority: AS 17.38.010

AS 17.38.040

AS 17.38.070

AS 17.38.121

AS 17.38.150

AS 17.38.200

AS 17.38.900

Editor's note: The definition of "in public" set out in 3 AAC 306.990 was originally adopted as an emergency regulation with the designation 3 AAC 304.990(b) , and with an effective date of February 24, 2015. The emergency regulation appears as 3 AAC 304.990(b) in Register 213 (April 2015) and Register 214 (July 2015). When the emergency regulation appeared as a permanent regulation in Register 215 (October 2015), the regulations attorney in accordance with AS 44.62.125 (b)(6) reassigned the provision to 3 AAC 306.990. The history of 3 AAC 306.990 reflects the effective date of the Alcoholic Beverage Control Board's emergency adoption of the definition of "in public."

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Title 4
Education and Early Development

Chapter

03. State Board of Education. (4 AAC 03.010 - 4 AAC 03.100)

04. Statewide Goals. (4 AAC 04.010 - 4 AAC 04.900)

05. Local Education. (4 AAC 05.010 - 4 AAC 05.900)

06. Government of Schools. (4 AAC 06.010 - 4 AAC 06.899)

07. Student Rights and Responsibilities. (4 AAC 07.010 - 4 AAC 07.900)

09. State Support of Schools. (4 AAC 09.005 - 4 AAC 09.990)

12. Certification of Professional Teachers. (4 AAC 12.010 - 4 AAC 12.900)

15. Allowances for Professional Personnel. (4 AAC 15.010 - 4 AAC 15.900)

18. Employment of Professional Personnel. (4 AAC 18.005 - 4 AAC 18.900)

19. Evaluation of Professional Employees. (4 AAC 19.010 - 4 AAC 19.099)

21. (Repealed).

24. (Repealed).

27. Transportation of Pupils. (4 AAC 27.005 - 4 AAC 27.990)

30. Exchange Teachers and Student Teachers. (4 AAC 30.010 - 4 AAC 30.020)

31. School Facility Planning and Construction. (4 AAC 31.010 - 4 AAC 31.900)

32. Community Schools. (4 AAC 32.010 - 4 AAC 32.030)

33. Special Programs. (4 AAC 33.010 - 4 AAC 33.690)

34. Bilingual-Bicultural Education. (4 AAC 34.010 - 4 AAC 34.090)

36. Cigarette Tax Administration. (4 AAC 36.010)

39. Diplomas Under Special Conditions. (4 AAC 39.010 - 4 AAC 39.190)

40. Review and Appeals of Actions and Decisions Regarding Funding. (4 AAC 40.010 - 4 AAC 40.050)

42. Private Schools. (4 AAC 42.010 - 4 AAC 42.200)

43. Alaska Performance Scholarship Program. (4 AAC 43.010 - 4 AAC 43.900)

45. (Repealed).

48. (Repealed).

51. Vocational Education. (4 AAC 51.200 - 4 AAC 51.390)

52. Education for Children with Disabilities and Gifted Children. (4 AAC 52.010 - 4 AAC 52.990)

54. (Relocated).

57. Library Services. (4 AAC 57.010 - 4 AAC 57.990)

58. Museum Services. (4 AAC 58.010 - 4 AAC 58.900)

59. Alaska State Archives and Records and Information Management Services (ASA) and (RIMS). (4 AAC 59.005 - 4 AAC 59.070)

60. Pre-Elementary (Early Childhood) School. (4 AAC 60.010 - 4 AAC 60.180)

62. Child Care Facilities Licensing. (4 AAC 62.005 - 4 AAC 62.990)

63. (Relocated).

64. Child Care Grant Program. (4 AAC 64.010 - 4 AAC 64.990)

65. Child Care Assistance Program. (4 AAC 65.010 - 4 AAC 65.901)

66. Regional Resource Centers. (4 AAC 66.010 - 4 AAC 66.060)

80. (Repealed).

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