Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 19 - Alcoholic Beverage Control Board
Chapter 306 - Marijuana Control
Article 9 - General Provisions
3 AAC 306.990 - Definitions
Universal Citation: 3 AK Admin Code 306.990
Current through August 30, 2024
(a) In AS 17.38 and this chapter,
(1) REPEALED 3/11/2018 "assisting" does not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) glowing 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;
(2)
"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;
(3) "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;
(4) "immature" means a marijuana plant 18
inches or less in height 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;
(5)
"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;
(6) "mature" means a marijuana plant over 18
inches in height;
(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 quantity
of bud and flower, 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
Esdierickia coll (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, including overlapping premises approved by the board
under 3 AAC 306.705(d)
and 3 AAC 306.710(d)
or designated outdoor areas, at the specific location 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 commercialAS
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.
(41) "drunken person" has the meaning given
in AS
04.21.080(b)(9);
(42) "freestanding"
(A) has the meaning given in
AS
18.35.301(i)(l);
(B) does not include a building that contains
a tenant other than one or more licensed marijuana establishments owned by the
same business, individual, or group of individuals that seeks an onsite
consumption endorsement;
(43) "intoxicated" has the meaning given in
AS
11.81.900(b)(34);
(44) "marijuana consumption area" means a
designated area within the licensed premises of a retail marijuana store that
holds a valid onsite consumption endorsement, where marijuana and marijuana
products may be consumed, excluding marijuana concentrates other than those
consumed by vaping under
3
AAC 306.370(b)(3);
(45) "retail marijuana store premises" means
an area encompassing both the retail marijuana store and any marijuana
consumption area.
(46)
"sight-obscuring wall or fence" means a wall or fence, including any gates,
constructed of solid material and a minimum of six feet in height.
(47) "total CBD" means the sum of CBD and
(0.877) * (CBDA);
(48) "total THC"
means the sum of THC and (0.877) * (THCA);
(49) "smoking" has the meaning given in
AS
18.35.399;
(50) "vaping" means the action or practice of
inhaling the aerosol produced by an electronic device that heats up and
vaporizes a liquid or solid.
(51)
"office" means the Alcohol and Marijuana Control Office.
Authority:AS 17.38.010
AS 17.38.040
AS 17.38.070
AS 17.38.121
AS 17.38.190
AS 17.38.200
AS 17.38.900
AS 18.35.301
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