1. (a) If a majority of the persons voting on the question vote to approve the option, or if a local government's assembly or city council passes an ordinance to the same effect, the local government shall adopt a local option to prohibit

   1. (1) the sale or importation for sale of marijuana and any marijuana product;

   2. (2) the operation of any marijuana establishment, including one or more of the following license or endorsement types:

      1. (A) a retail marijuana store;
      2. (B) a marijuana cultivation facility;
      3. (C) a marijuana product manufacturing facility;
      4. (D) a marijuana testing facility;
      5. (E) an onsite consumption endorsement to a marijuana retail store license.
   3. (3) specific operational characteristics of an onsite consumption endorsement to a marijuana retail store license, including consumption by smoking or vaping, or outdoor consumption.
2. (b) A ballot question to adopt a local option under this section must at least contain language substantially similar to: "Shall (name of local government) adopt a local option to prohibit (local option under (a) of this section)? (yes or no)."
3. (c) The ballot for an election on the options set out in (a)(2) of this section must include a brief explanation of the activity that each license or endorsement type on the ballot may carry out.
4. (d) If a local government dissolves under AS 29.06.450, any marijuana establishment license issued to that local government expires when the local government dissolves.
5. (e) A local government may not prohibit the personal use and possession of marijuana and marijuana products as authorized under AS 17.38.020.
6. (f) Nothing in 3 AAC 306.200 - 3 AAC 306.260 precludes a local government from applying for a marijuana establishment license or endorsement under other provisions of this chapter.

(Eff. 2/21/2016, Register 217; am 4/11/2019, Register 230)

Authority: AS 17.38.020, AS 17.38.200, AS 17.38.900, AS 17.38.190, AS 17.38.210