Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 19 - Alcoholic Beverage Control Board
Chapter 306 - Marijuana Control
Article 3 - Retail Marijuana Stores
3 AAC 306.370 - Onsite consumption endorsement for retail marijuana stores
Universal Citation: 3 AK Admin Code 306.370
Current through August 30, 2024
(a)
Unless prohibited by local or state law, the board may approve an onsite consumption endorsement for a licensed retail marijuana store for consumption, on the marijuana retail store premises,
(1) of edible marijuana products only, in
compliance with this section, in an indoor or outdoor area, regardless of
whether the licensed retail marijuana store is freestanding;
(2) by any method, in compliance with this
section, in an indoor or outdoor area of a freestanding licensed retail
marijuana store.
(b) A licensed retail marijuana store with an approved onsite consumption endorsement is authorized to sell, for consumption at the time of purchase and only in an area designated as the marijuana consumption area,
(1) marijuana bud or flower, in quantities
not to exceed one gram to any one person per day;
(2) edible marijuana products in quantities
not to exceed 25 milligrams of THC to any one person per day; and
(3) a vaping device that contains not more
than 0.3 grams of marijuana concentrate to any one person per day; a person may
not consume marijuana concentrate onsite by a means other than vaping as
described in this paragraph.
(c) A licensed retail marijuana store with an approved onsite consumption endorsement may
(1) sell food or beverages not containing
marijuana or alcohol; and
(2) allow
a person to remove from the licensed premises marijuana or marijuana products
that have been purchased on the licensed premises for consumption under this
section, if they are packaged in accordance with
3
AAC 306.345.
(d) A licensed retail marijuana store with an approved onsite consumption endorsement may not
(1) allow any licensee, employee, or agent of
a licensee to consume marijuana or marijuana products, including marijuana
concentrate, during the course of a work shift;
(2) allow a person to consume tobacco or
tobacco products in the marijuana consumption area;
(3) allow a person to bring into or consume
in the marijuana consumption area any marijuana or marijuana products that were
not purchased at the licensed retail marijuana store;
(4) sell, offer to sell, or deliver marijuana
or marijuana products at a price less than the price regularly charged for the
marijuana or marijuana products during the same calendar week;
(5) sell, offer to sell, or deliver an
unlimited amount of marijuana or marijuana products during a set period of time
for a fixed price;
(6) sell, offer
to sell, or deliver marijuana or marijuana products on any one day at prices
less than those charged the general public on that day;
(7) encourage or permit an organized game or
contest on the licensed premises that involves consuming marijuana or marijuana
products or the awarding of marijuana or marijuana products as prizes;
or
(8) advertise or promote in any
way, either on or off the licensed premises, a practice prohibited under this
section.
(e) A marijuana consumption area must have the following characteristics:
(1) the marijuana consumption area must be
isolated from the other areas of the retail marijuana store, must be separated
by walls and a secure door, and must have access only from the retail marijuana
store;
(2) the licensed marijuana
retail store must provide a smoke-free area for employees to monitor the
marijuana consumption area;
(3) a
marijuana consumption area that is indoors and in which smoking is permitted
must have a ventilation system
(A) that is
separate from the ventilation system of the other areas of the licensed retail
marijuana store or other licensed marijuana establishments in a freestanding
building; and
(B) that directs air
from the marijuana consumption area to the outside of the building through a
filtration system sufficient to remove visible smoke, consistent with all
applicable building codes and ordinances, and adequate to eliminate odor at the
property line;
(4) if
outdoors, the marijuana consumption area must be found by the board to be
compatible with uses in the surrounding area through evaluation of
(A) neighboring uses;
(B) the location of air intake vents on
neighboring buildings, if consumption by smoking is permitted;
(C) a sight-obscuring wall or fence around
the outdoor marijuana consumption area;
(D) objections of property owners, residents,
and occupants within 250 linear feet or the notification distance required by
the local government, whichever is greater; and
(E) any other information the board finds
relevant.
(f) An applicant for an onsite consumption endorsement must file an application on a form the board prescribes, including the endorsement fee set out in 3 AAC 306.100, and
(1)
the applicant's operating plan, in a format the board prescribes, describing
the retail marijuana store's plan for
(A)
security, in addition to what is required for a retail marijuana store,
including
(i) doors and locks;
(ii) windows;
(iii) measures to prevent diversion;
and
(iv) measures to prohibit
access to persons under 21 years of age;
(B) ventilation, if consumption by smoking is
to be permitted in an indoor area; ventilation plans must be
(i) signed and approved by a licensed
mechanical engineer;
(ii)
sufficient to remove visible smoke; and
(iii) consistent with all applicable building
codes and ordinances;
(C) monitoring overconsumption;
(D) unconsumed marijuana, by disposal or by
packaging in accordance with
3
AAC 306.345; and
(E) preventing introduction into the
marijuana consumption area of marijuana or marijuana products not sold by the
retail marijuana store, and marijuana or marijuana products not sold
specifically for onsite consumption;
(2) the applicant's detailed diagram of the
marijuana consumption area which must show the location of
(A) the licensed premises of the retail
marijuana store;
(B) the serving
area or areas;
(C) ventilation
exhaust points, if applicable;
(D)
the employee monitoring area;
(E)
doors, windows, or other exits; and
(F) access control points;
(3) the title, lease, or
other documentation showing the applicant's sole right of possession of the
proposed marijuana consumption area, if the area is not already part of the
approved licensed premises for the retail marijuana store; and
(4) for an outdoor marijuana consumption
area,
(A) an affidavit that notice of an
outdoor marijuana consumption area has been mailed to property owners,
residents, and occupants of properties within 250 linear feet of the boundaries
of the property on which the onsite consumption endorsement is proposed, or the
notification distance required by the local government, whichever is greater.
(g) The retail marijuana store holding an onsite consumption endorsement under this chapter shall
(1) destroy all unconsumed marijuana
left abandoned or unclaimed in the marijuana consumption area in accordance
with the operating plan and
3
AAC 306.740;
(2) monitor patrons in the marijuana
consumption area at all times, specifically for overconsumption;
(3) display all warning signs required under
3
AAC 306.360 and
3
AAC 306.365 within the marijuana consumption area,
visible to all consumers;
(4)
provide, at no cost to patrons, written materials containing marijuana dosage
and safety information for each type of marijuana or marijuana product sold for
consumption in the marijuana consumption area;
(5) package and label all marijuana or
marijuana products sold for consumption on the premises as required in
3
AAC 306.345; and
(6) comply with any conditions set by the
local government or placed on the endorsement by the board.
(h) The holder of an onsite consumption endorsement must apply for renewal annually at the time of renewal of the underlying retail marijuana store license.
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 18.35.301
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