Stop AK MCB From Moving Sec. 17.38.060 out of personal use and into commercial use laws.
The Marijuana Control Board is moving a personal right you currently have, under Sec. 17.38.060, this right is the ability for an Alaskan to legally own the grow equipment and materials needed. It also give you the right to sell marijuana accessories, distribute marijuana accessories that you make at home with marijuana you grew at home. Just like the provisions in alcohol, where you can produce and sell up to a limit and not be commercial, this is the right we voted in for marijuana and it is being taken away. All inclusions to the new marijuana regulations are excluding any of your rights that were voted in. This is against our constitution, for we have our 2 years without repeal on initiatives, and as far as I am concerned, this would be repealing it. I am now going to go into the legal argument, it is going to get long. Here is the only personal use section we are entering: Sec. 17.38.020. Personal use of marijuana. Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and shall not be a criminal or civil offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law: (a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana; (b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown; (c) Transferring one ounce or less of marijuana and up to six immature marijuana plants to a person who is 21 years of age or older without remuneration; (d) Consumption of marijuana, except that nothing in this chapter shall permit the consumption of marijuana in public; and (e) Assisting another person who is 21 years of age or older in any of the acts described in paragraphs (a) through (d) of this section. This section says you can Purchase and transport marijuana accessories, and sets a limit for how much, this is what this section is for. This section does not authorize you to sell or distribute you personal grown marijuana, this next section does, and it is the one in question. Sec. 17.38.060. Marijuana accessories authorized. Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or to distribute or sell marijuana accessories to a person who is 21 years of age or older. Clearly this is a personal use section, as no licensing requirements are added, it is right BEFORE the commercial section starts.
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