An amendment adopted Friday by the Senate Finance Committee would reverse parts Alaska’s new marijuana law in rural parts of the state.The sale and manufacture of marijuana would become illegal and rural communities would have to ‘opt in’ to allow sales of marijuana or marijuana products in their communities.
Communities in the unorganized borough, which encompasses hundreds of communities could opt-in by ordinance or by initiative, but they would have to take the first step. The office of YK Delta Senator Lyman Hoffman, who made the amendment, says that includes large hub communities like Bethel and Nome.
Hoffman made the case for communities to have a dialogue on marijuana before problems arise.
“The question is: are we voting to opt them out? Yes we are. Are we denying them the right to opt in? No we’re not. They can still get there through this legislation,” said Hoffman.
If passed by the legislature, it would be taking action as the assembly of the unorganized borough. That power is derived from the Alaska constitution. Senator Peter Micciche of Soldotna voted against the amendment.
“For me it feels like we’re going against the will of the voters. I think it’s patronizing to say what they thought when they voted. For me it’s a philosophical issue, and I think it’s important,” said Micciche.
The amendment would not affect provisions of the voter-passed law such as possession, use, and transportation. It would be limited to commercial aspects. After voters passed a ballot initiative in November to legalize marijuana, the legislature is prohibited from making major changes to the law with two years, and as such, the committee received an opinion from the state about the legality of the move and what legal challenges it could face.
Libby Bakalar, an assistant attorney general, noted the state could see legal challenges.
“This body stands in the shoes of the assembly in the unorganized borough in doing that. That being said, it’s a bit creative. I’m not entirely sure that at the end of the the day that would carry with the supreme court that might be primarily concerned what voters thought they were getting and the intent of the voters. That’s something that our supreme court is very concerned with,” said Bakalar.
Bruce Schulte is a spokesman for the Coalition for Responsible Cannabis Legislation which advocates on marijuana legalization issues.
“This effort to proactively opt-out portions of the state…really all it does is guarantee whatever black market existed before will thrive long into the future. We think it’s poorly considered and it’s unfortunate,” said Schulte.
The amendment passed 5-2, with senators Micciche and Click Bishop voting no. The committee planned to meet 10 a.m. Saturday morning on the new marijuana law.