(a) Notwithstanding any other provision of law, the following acts, when performed by a retail marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in the person’s capacity as an owner, employee, or agent of a retail marijuana store, are lawful and are not an offense under state law or a basis for seizure or forfeiture of assets under state law:

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Terms Used In Alaska Statutes 17.38.070

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • board: means the Marijuana Control Board established by Alaska Stat. See Alaska Statutes 17.38.900
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • marijuana: means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. See Alaska Statutes 17.38.900
  • marijuana cultivation facility: means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. See Alaska Statutes 17.38.900
  • marijuana product manufacturing facility: means an entity registered to purchase marijuana. See Alaska Statutes 17.38.900
  • marijuana products: means concentrated marijuana products and marijuana 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. See Alaska Statutes 17.38.900
  • marijuana testing facility: means an entity registered to analyze and certify the safety and potency of marijuana. See Alaska Statutes 17.38.900
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • registration: means registration or licensure, as determined by regulation. See Alaska Statutes 17.38.900
  • retail marijuana store: means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. See Alaska Statutes 17.38.900
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) possessing, displaying, storing, or transporting marijuana or marijuana products, except that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way;
(2) delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(3) receiving marijuana or marijuana products from a marijuana testing facility;
(4) purchasing marijuana from a marijuana cultivation facility;
(5) purchasing marijuana or marijuana products from a marijuana product manufacturing facility; and
(6) delivering, distributing, or selling marijuana or marijuana products to consumers.
(b) Notwithstanding any other provision of law, the following acts, when performed by a marijuana cultivation facility with a current, valid registration, or a person 21 years of age or older who is acting in the person’s capacity as an owner, employee, or agent of a marijuana cultivation facility, are lawful and are not an offense under state law or a basis for seizure or forfeiture of assets under state law:

(1) cultivating, manufacturing, harvesting, processing, packaging, transporting, displaying, storing, or possessing marijuana;
(2) delivering or transferring marijuana to a marijuana testing facility;
(3) receiving marijuana from a marijuana testing facility;
(4) delivering, distributing, or selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store;
(5) receiving or purchasing marijuana from a marijuana cultivation facility; and
(6) receiving marijuana seeds or immature marijuana plants from a person 21 years of age or older.
(c) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility with a current, valid registration, or a person 21 years of age or older who is acting in the person’s capacity as an owner, employee, or agent of a marijuana product manufacturing facility, are lawful and are not an offense under state law or a basis for seizure or forfeiture of assets under state law:

(1) packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products;
(2) delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(3) receiving marijuana or marijuana products from a marijuana testing facility;
(4) delivering or selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility;
(5) purchasing marijuana from a marijuana cultivation facility; and
(6) purchasing marijuana or marijuana products from a marijuana product manufacturing facility.
(d) Notwithstanding any other provision of law, the following acts, when performed by a marijuana testing facility with a current, valid registration, or a person 21 years of age or older who is acting in the person’s capacity as an owner, employee, or agent of a marijuana testing facility, are lawful and are not an offense under state law or a basis for seizure or forfeiture of assets under state law:

(1) possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring, or delivering marijuana;
(2) receiving marijuana or marijuana products from a marijuana cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a person 21 years of age or older; and
(3) returning marijuana or marijuana products to a marijuana cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a person 21 years of age or older.
(e) Notwithstanding any other provision of law, it is lawful and is not an offense under state law or a basis for seizure or forfeiture of assets under state law to lease or otherwise allow the use of property owned, occupied, or controlled by any person, corporation, or other entity for any of the activities conducted lawfully in accordance with (a) – (d) of this section.
(f) Nothing in this section prevents the imposition of penalties upon marijuana establishments for violating this chapter or rules adopted by the board or local governments pursuant to this chapter.
(g) The provisions of AS 17.30.020 do not apply to marijuana establishments.
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