Local Governments Have Ability to Ban Marijuana Sales

Author: KSRM News Desk |

Ballot Measure 2 Section 17.38.110 states that local governments may prohibit the operation of some marijuana related activities.

 

  • Sec. 17.38.110. Local control.
    (a) A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or by a voter initiative.

 

Kenai City Manager Rick Koch detailed why municipalities may not ban marijuana all together.

 

Koch: “It’s sort of complicated because there was a court ruling that allowed Alaskans to have a small amount for personal possession in their homes and I think somehow that’s why the local option can’t be exercised but like I started out, it’s all sort of complicated and has to get figured out. I think that a local community could make the decision to not allow for the sale in its municipal boundaries.”

 

He said many of the regulations for this newly passed action are still a work in progress.

 

Koch: “We’re all going to be learning a lot over the next few months and through the legislative session because the legislature is probably going to pass some laws that address this and then I suspect the state of Alaska will further pass quite a bit of regulation that will be contained in the Alaska administrative code.”

 

As we previously reported, local law enforcements have also said nothing is solidified until the ballot measure goes into effect 90 days after the election certification.

 

 

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