D Cl....~ I -.. ~ CLERK 1 S OFFI E Al?lPROVflr:» I,..J:f', 's_-. Submitted by: Prepared by: For reading: ANCHORAGE, ALASKA AO No. 01- Assembly Members HALL and DEMBOSKI Dept. of Law July, 01 1 AN ORDINANCE OF THE ANCHORAGE ASS EMBLY AMENDING ANCHORAGE MUNICIPAL CODE CHAPTER. WITH A NEW SECTION RESTRICTING THE PERSONAL CULTIVATION OF MARIJUANA; AND AMENDING THE MINOR 4 OFFENSE FINE SCHEDULE AT AMC SECTION.0.0A. ACCORDINGLY. WHEREAS, Ballot Measure -An Act to Tax and Regulate the Production, Sale and Use of marijuana, and codified as Alaska Statutes 1., provides for the legalization of marijuana, was passed by the voters in the recent state election 1 o and certified on November, 0 by the State of Alaska, Division of Elections; and 1 WHEREAS, newly enacted AS 1..00 states: 1 Restrictions on personal cultivation, penalty. 1 (a) The personal cultivation of marijuana described in AS 1..00(b) 1 is subject to the following terms: 1 1) Marijuana plants shall be cultivated in a location where the plants 1 are not subject to public view without the use of binoculars, aircraft, o or other optical aids. 1 ) A person who cultivates marijuana must take reasonable precautions to ensure the plants are secure from unauthorized access. 4 ) Marijuana cultivation may only occur on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. (b) A person who violates this section while otherwise acting in compliance with AS 1..00(b) is guilty of a violation punishable by a fine of up to $0. 0 1 ; and WHEREAS, the statute does not define "marijuana plant", "personal cultivation", or 4 "reasonable precautions"; and WHEREAS, the effective date of the state marijuana statute was February 4, 01; now, therefore, THE ANCHORAGE ASS EMBLY ORDAINS: 40 41 Section 1. Anchorage Municipal Code chapter., Alcohol and Drug Offenses, 4 is hereby amended by adding a new section to read as follows: 4
AO regarding personal cultivation of marijuana Page of 4 1 4 1 1 1 1 1 1 0 1 4 0 1 4 40 41 4 4 44 4 4 4 4..0 Personal cultivation of marijuana. A. A person may not personally cultivate marijuana: B. 1... When marijuana plants or marijuana produced by the plants on the premises where the plants were grown, excluding marijuana products, are subject to public view without the use of binoculars, aircraft, or other optical aids; or Without taking reasonable precautions to ensure the marijuana plants or marijuana produced by the plants on the premises where the plants were grown are secure from unauthorized access; or When the cultivator is not lawfully in possession of the property on which he or she is cultivating, or is acting without the consent of the person in lawful possession of the property. For purposes of this section, the definitions of the words and phrases below shall apply: 1... 4. Marijuana shall have the meaning set forth in AS 1..00. Marijuana plant means a living organism of genus Cannabis capable of absorbing water and inorganic substances through its roots, and synthesizing nutrients in its leaves by photosynthesis. Marijuana products means products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Personal Cultivation means the possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown. a. Personal Cultivation does not include i. ii. Using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 1..00; Possessing, growing, processing, or transporting marijuana plants in excess of the amount allowed in AS 1..00;
AO regarding personal cultivation of marijuana Page of 4 1 4 C.. iii. Growing marijuana plants for another person in a place other than that other person's residence. Reasonable precautions includes taking any and all actions that a reasonably prudent person would consider appropriate under the circumstances, in order to achieve a desired result. Violation of this section, while otherwise acting in compliance with AS 1..00(b), is a minor offense punishable as set forth in the minor offenses fine schedule. 1 Section. Anchorage Municipal Code section.0.0 is hereby amended to read as follows (the remainder of the section omitted is not affected and therefore 1 not set out): 1 1 1 1 0 1 4 0 1 4.0.0 Minor Offense Fine Schedule; Misdemeanor penalty reference table; and state surcharge. A. Minor offense fine schedule. In accordance with AS..00(a), citations for the following offenses may be disposed of as provided in AS..1-.0, without a court appearance, upon payment of the fine amounts listed below plus the state surcharge required by AS..0 and AS..0 4, if applicable. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed below. Reduction of the scheduled fine amount is prohibited pursuant to Alaska Rules of Minor Offense Procedure 1 O(a). If an offense is not listed on this fine schedule or another fine schedule, the defendant must appear in court to answer to the charges. A person must respond to the citation within 0 days. Reduction of the scheduled fine amount is prohibited pursuant to Alaska Rules of Minor Offense Procedure 1 O(a). Title Section Fine amount Impersonating paramedic.0.0 00.00 or emergency medical technician Personal Cultivation of..0 0.00 Mariiuana *** *** *** *** *** *** *** *** *** 40 *** *** *** 41 (AO No. 0-4, 1, -1-; AO No. 01-,, -4-1)
AO regarding personal cultivation of marijuana Page 4 of 4 1 Section. This ordinance shall be effective thirty (0) days after passage and approval by the Assembly. 4 PASSED AND APPROVED by the Anchorage Assembly this L~ day of s CW ~usr, 01. 1 1 1 ATTEST: ~k.~ Municipal Clerk Chair of the Assembly
MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM 41-01 Meeting Date: July, 01 1 From: ASSEMBL y MEMBERS HALL AND DEMBOSKI Subject: AN ORDINANCE OF THE ANCHORAGE ASSEMBL y AMENDING 4 ANCHORAGE MUNICIPAL CODE CHAPTER. WITH A NEW SECTION RESTRICTING THE PERSONAL CULTIVATION OF MARIJUANA; AND AMENDING THE MINOR OFFENSE FINE SCHEDULE AT AMC SECTION.0.0A. ACCORDINGLY. Ballot Measure -An Act to Tax and Regulate the Production, Sale and 1 o Use of marijuana, and codified as Alaska Statutes 1., provides for the legalization of marijuana; it was passed by Alaska voters in a state election, and was certified by the State of Alaska, Division of Elections on November, 0. 1 1..00 of the initiative expressly restricts the "personal cultivation" of 1 marijuana, as described in 1..00(b), which states, "possessing, growing, 1 processing, or transporting no more than six marijuana plants, with three or 1 fewer being mature, flowering plants, and possession of the marijuana produced 1 by the plants on the premises where the plants were grown." In referencing the 1 activities designated in 1..00(b), 1..00 addresses the following issues o pertaining to personal cultivation: public view, unauthorized access, and lawful 1 ownership of, or legal access to and permission to cultivate on, the property on which the cultivation takes place. 4 There were several changes made to the original initiative language: (1) 0 1 () 4 As an initial matter, the language was changed to "negative" language; the criminal code delineates the conduct that is prohibited, not the conduct that is allowed. The language still allows for personal cultivation, subject to the restrictions listed in 1..00. This change was not intended to substantively change the prohibitions listed in 1..00. The new..0(a)(1) expands the initiative language that "the plants" should not be subject to public view; it now requires that "marijuana plants or marijuana produced by the plants on the premises where the pants were grown, excluding marijuana products" should not be subject to public view. a. This change was made in order to properly reflect the language that the initiative used to describe the act of "personal cultivation" in
AM regarding personal cultivation of marijuana Page of 4 1 4 1 1 1 1 1 1 0 1 4 0 1 4 40 41 4 4 44 4 4 4 4 4 () 1..00(b), which expressly includes "possession of the marijuana produced by the plants on the premises where the plants were grown." Because the initiative's description of personal cultivation included both the plants and the marijuana produced by those plants, it seems aligned with the initiative to include both the plants and the marijuana grown therefrom in the restriction from public view. However,..0(A)(1) excludes "marijuana products" from the prohibition against public view; therefore, edibles, ointments, tinctures, etc. are not subject to the restriction. Marijuana products is defined in..0(b) for ease of understanding. The definition was pulled directly from 1..00() with only one minor change. Because "marijuana produced by the plants" would likely fall into the category of "concentrated marijuana products," and 1..00(b) clearly intends for this specific type of marijuana to fall within the category of "personal cultivation," "concentrated marijuana products" was removed from the definition. Ultimately, this change, to include marijuana produced by the personally cultivated plants in the prohibition against public view, was made to clarify some confusion that was created by poor drafting of the initiative. This change seems appropriate when piecing together the language from 1..00(b) and 1..00; it was the clear intent of the initiative that the two sections be read in conjunction...0(a)() expands the initiative language requiring reasonable precautions to be taken to ensure "the plants" are secure from unauthorized access; it now requires that reasonable precautions be taken to ensure "the marijuana plants or marijuana produced by the plants on the premises where the pants were grown," are secure from unauthorized access. a. Again, this change was made in order to properly reflect the language that the initiative, in 1..00(a), used to describe the act of "personal cultivation," in 1..00(b). 1..00(b) expressly includes "possession of the marijuana produced by the plants on the premises where the plants were grown." Because the initiative's "definition" of personal cultivation includes both the plants and the marijuana produced by those plants, it seems aligned with the initiative require that reasonable precautions be taken to ensure that both the plants and the marijuana grown therefrom are secure from unauthorized access. In this section, however, there is no caveat for "marijuana products," like edibles. There is a clear public interest in keeping marijuana, and marijuana products, secure from unauthorized access; this is especially true in the case of minors. It does not
AM regarding personal cultivation of marijuana Page of 4 1 4 (4) 1 1 1 1 1 1 0 1 4 0 1 4 () 40 41 4 4 44 4 4 4 4 4 0 bend the will of the initiative to require that cultivators take precautions to ensure marijuana products made from personally cultivated marijuana are secure from unauthorized access. A section of definitions was added to..0 for the purposes of this section only; the definitions include the following: "marijuana"; "marijuana plant"; "marijuana products"; "personal cultivation"; and "reasonable precautions." a. b. c. d. e. Marijuana is defined as having the meaning set forth in 1..00. Marijuana plant was not defined in 1.. In order to achieve clarity and uniformity between state and local regulations, this definition was pulled directly from the proposed AAC 0.0. Marijuana product was defined in 1., but, for the purposes of this section only, that definition was altered: "concentrated marijuana products" was removed. This change was made in an attempt to conform with the intent of the initiative and to ensure that the restriction on public view was not too vast; the change is discussed in detail above (()(a)). Personal Cultivation was not technically defined in the definition section at 1..00; however, 1..00 expressly states that "personal cultivation of marijuana described in AS 1..00(b)" is subject to restrictions. In interpreting 1..00, it seems clear that 1..00(b) was meant to be the "definition" of personal cultivation. As such, this definition directly mirrors the language set forth in 1..00(b). Reasonable Precautions was not defined in 1., and there was no indication of meaning anywhere in 1..00. There is also no comparable definition in any statute or regulation pertaining to alcohol. However, a definition seemed prudent, so this definition was created after looking to other jurisdictions for guidance. The proposed..0 does not expressly incorporate the punishment language ("a person who violates this section... is guilty of a violation punishable by a fine of up to $0."); instead,..0 mentions that a violation of the new section is "a minor offense punishable as set forth in the minor offenses fine schedule." In the schedule, at.0.0, the fine is set at $0, as authorized in 1..00(b). a. This change was simply made so that the new code aligns with the format of the rest of the chapter, with punishments (fines) for minor offenses being put in the table at.0.0. This change is not intended to substantively change the punishment set forth in 1..00.
AM regarding personal cultivation of marijuana Page 4 of 4 1 This ordinance is not anticipated to have any substantial economic impact, so a summary of economic effects is not required. 4 Prepared by: Respectfully submitted: Christie White and Seneca Theno, Dept. of Law, Criminal Division Assembly Member Ernie Hall and Assembly Member Amy Demboski