Section 17.38.080. Marijuana Control Board; appointment and qualifications.

   (a) The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.
   (b) The board members shall be appointed by the governor and confirmed by a majority of the members of the legislature in joint session. A member of the board may not hold any other state or federal office, either elective or appointive. The board consists of five voting members as follows:
        (1) one person from the public safety sector;
        (2) one person from the public health sector;
        (3) one person currently residing in a rural area;
        (4) one person actively engaged in the marijuana industry; and
        (5) one person who is either from the general public or actively engaged in the marijuana industry.
   (c) Not more than two members of the board may be engaged in the same business, occupation, or profession.
   (d) A board member representing the general public, the public safety sector, the public health sector, or a rural area, or the member's immediate family member, may not have a financial interest in the marijuana industry.
   (e) In this section,
        (1) "financial interest" means holding, directly or indirectly, a legal or equitable interest in the operation of a business licensed under this chapter;
        (2) "immediate family member" means a spouse, child, or parent;
        (3) "marijuana industry" means a business or profession related to marijuana in which the person is lawfully engaged and that is in compliance with the provisions of state law, including this chapter and regulations adopted under this chapter;
        (4) "public health sector" means a state, federal, or local entity that works to ensure the health and safety of persons and communities through education, policymaking, treatment and prevention of injury and disease, and promotion of wellness;
        (5) "public safety sector" means a state, federal, or local law enforcement authority that provides for the welfare and protection of the general public through the enforcement of applicable laws;
        (6) "rural area" means a community with a population of 7,000 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 2,000 or less that is connected by road or rail to Anchorage or Fairbanks.

Authorities

4.06.070;17.38.900;44.66.010

Notes

Recent Bills that will modify this

HB 123 ESTABLISH MARIJUANA CONTROL BOARD
SB 60 ESTABLISH MARIJUANA CONTROL BOARD

References

AS 4.06.070 .070">Sec. 04.06.070. Appointment and removal of director.
AS 17.38.900 Definitions.
AS 44.66.010 Expiration of state boards and commissions.

History

(Sec. 2 ch 4 SLA 2015)