Alaska Admin. Code tit. 3, § 306.405
Standard marijuana cultivation facility: privileges and prohibited acts
Effective Aug 16, 2024Alaska Register 251(Eff. 2/21/2016, Register 217; am 10/20/2018, Register 228; am 12/10/2020, Register 236; am 12/31/2023, Register 248; am 1/5/2024, Register 249; am 8/16/2024, Register 251) | Authority: AS 17.38.010, AS 17.38.150, AS 17.38.900, AS 17.38.070, AS 17.38.190, AS 17.38.121, AS 17.38.200
(a) A licensed standard marijuana cultivation facility is authorized to
- (1) propagate, cultivate, harvest, prepare, cure, package, store, and label marijuana;
- (2) sell marijuana only to a licensed retail marijuana store, to another licensed marijuana cultivation facility, or to a licensed marijuana product manufacturing facility;
(3) accept marijuana from a licensed retail marijuana store that
- (A) rejected a shipment of marijuana; or
- (B) revoked acceptance of a shipment of marijuana;
- (4) provide samples to a licensed marijuana testing facility for testing;
- (5) store inventory on the licensed premises; any stored inventory must be secured in a restricted access area and accounted for in the marijuana cultivation facility's marijuana inventory tracking system as required under 3 AAC 306.730;
- (6) transport marijuana in compliance with 3 AAC 306.750;
- (7) conduct in-house testing for the marijuana cultivation facility's own use;
- (8) provide marijuana samples to a licensed retail marijuana store or marijuana product manufacturing facility for the purpose of negotiating a sale;
(9) begin initial operations at the time of preliminary inspection by an employee or agent of the board with
- (A) 12 or fewer mature, non-flowering plants, designated and used as mother plants;
- (B) any number of immature plants; and
- (C) any number of seeds for cultivation on the licensed premises;
(10) introduce a new strain after written approval by the director on a form prescribed by the board, by
- (A) receiving not more than twenty clones or cuttings from a person 21 years of age or older, without compensation; or
- (B) receiving seeds from a person 21 years of age or older, without compensation, for cultivation on the licensed premises.
(b) A licensee of a standard marijuana cultivation facility may also apply for a marijuana product manufacturing facility license, retail marijuana store license, or both. A licensee of a standard marijuana cultivation facility who obtains a marijuana product manufacturing facility license, retail marijuana store license, or both shall
- (1) except for overlapping premises approved by the board under 3 AAC 306.710(d), conduct a marijuana product manufacturing operation or retail marijuana store operation in a room separate from any other operation and the marijuana cultivation facility; if the rooms are connected and co-located in an area that is not approved by the board as overlapping premises, a secure door must separate the rooms from each other; a secure door must separate any room connected to and co-located with the marijuana cultivation facility; and
- (2) comply with each provision of this chapter that applies to any other type of marijuana establishment license that the licensee of a standard marijuana cultivation facility licensee obtains.
(c) A licensed standard marijuana cultivation facility may not
- (1) sell, distribute, or transfer marijuana or a marijuana product to a consumer, with or without compensation;
- (2) allow any person, including a licensee, employee, or agent, to consume marijuana or a marijuana product on the licensed premises or within 20 feet of the exterior of any building or outdoor cultivation facility on the licensed premises;
- (3) treat or otherwise adulterate marijuana with any organic or nonorganic chemical or other compound to alter the color, appearance, weight, or odor of the marijuana;
- (4) sell marijuana that is not packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475;
(5) introduce marijuana or a marijuana product including plants and seeds, onto the licensed premises from any outside source after the initial preliminary inspection, except
- (A) as acquired from another licensed marijuana cultivation facility and accounted for in each marijuana cultivation facility's marijuana inventory tracking system as required under 3 AAC 306.730; or
- (B) as provided under this section; or
(6) produce or possess marijuana concentrate that was extracted using any process described in 3 AAC 306.555 on the marijuana cultivation facility's licensed premises, unless the licensee of the standard marijuana cultivation facility also has a marijuana product manufacturing facility license; a licensed standard marijuana cultivation facility must conduct any extraction or production of marijuana concentrate on the premises
(A) in a room that
- (i) is separate as required in (b) of this section from the marijuana cultivation area; and
- (ii) is posted with a sign that complies with 3 AAC 306.710(b) and warns unauthorized persons to stay out; and
- (B) in compliance with all applicable provisions of 3 AAC 306.500 - 3 AAC 306.570.
(Eff. 2/21/2016, Register 217; am 10/20/2018, Register 228; am 12/10/2020, Register 236; am 12/31/2023, Register 248; am 1/5/2024, Register 249; am 8/16/2024, Register 251)
Authority: AS 17.38.010, AS 17.38.150, AS 17.38.900, AS 17.38.070, AS 17.38.190, AS 17.38.121, AS 17.38.200