Alaskan Legislator Asks for Exemption to Keep Cannabis Legal

[dropcap class=”kp-dropcap”]A[/dropcap]ccording to a legal review obtained by KTUU, the Alaska recreational cannabis industry could land in a legal mess if Gov. Mike Dunleavy’s proposed crime bill, Senate Bill 32, is passed without having the language outlining the legislation amended or clarified. The legislation states that it is a Class C felony to possess 25 or more cannabis plants or more than four ounces of cannabis with intent to manufacture or distribute.

The Deputy Attorney General Robert Henderson did appear before the Senate Judiciary Committee to clear up the confusion and stated that the legislation does not apply to the legal Alaska cannabis industry. “We believe that, should this issue come before the court, the court will read the provisions harmoniously, so as to prevent either statute from being invalidated,” reads a statement from Henderson.

The legal review reads, “When a court construes a statute, the ‘court presumes that the legislature intended every word, sentence, or provision of a statute to have some purpose, force and effect, and that no words or provisions are superfluous.” The Alaska Supreme Court also asserted that “if two statutes conflict then the later in time controls over the earlier.”

Alaska Marijuana Industry Association Executive Director Cary Carrigan urged lawmakers during a public testimony to write an exemption for the legal cannabis and hemp industries to avoid future mishaps. “If this was unintentional, we expect a quick fix from the Dunleavy administration,” Carrigan said in a statement on Feb. 11. “We call on the governor to correct SB 32 and make clear his position on the legal marijuana industry. “The Division of Legal and Research Services also feel that a written record like that is important, “In order to avoid this conflict, I would recommend specifically exempting marijuana establishments authorized under AS 17:38.070 from the changes in sec.11:71:040 (a)(3)(G).”

Assistant Attorney General Kaci Schroeder spoke to the committee on Saturday and stated the department’s position that the legislation should be read “harmoniously” and that the new bill should not invalidate AS 17:38.070, the legislation regarding Alaska’s recreational cannabis industry. However, Schoeder said that clarifying language could be added to SB-32 and that the management would welcome additions from the committee.