Chapter 306. Marijuana Control Board

3 AAC 306.040. Ownership change to be reported (a) A licensed marijuana establishment shall, not later than 10 days after an ownership change, report the change on a form prescribed by the board.

(b) If any change required to be reported under this section will result in a change in controlling interest of the marijuana establishment license, the marijuana establishment must file an application for transfer of license to another person under 3 AAC 306.045.

(c) Any individual reported under this section must submit the person's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information. The director will follow the procedure set forth in 3 AAC 306.055(b) for submitting the fingerprints of any individual added under this section.

(c) (d) In this section, "ownership change" means

(1) if the licensee is a partnership, including a limited partnership, any change in the identity of the partners, or in the ownership percentages held by any partners;

(2) if the licensee is a limited liability company, any change in the identity of the members, or in the ownership percentage held by any member; or

(3) if the licensee is a corporation, any sale of corporate stock to a person not currently an owner, or any change of the percentage ownership of an existing shareholder.

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The Marijuana Control Board proposes to amend regulations in Title 3 of the Alaska Administrative Code, dealing with the requirements for ownership changes to be reported including the following:

(1) 3 AAC 306.040- Ownership change to be reported- Requirements for reporting an ownership change proposed to include a requirement that any new owners added submit fingerprint cards for background checks.

(2) 3 AAC 306.100- Add ownership change to the types of changes that require a fee, state transfer of a controlling interest to another person does not require a change fee.

You may comment in writing on the proposed regulations, including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to Cynthia Franklin, Marijuana Control Board at 550 W. 7th Ave, Suite 1600, Anchorage, AK 99501. Additionally, the Marijuana Control Board will accept written comments by electronic mail at marijuana@alaska.gov. Please notate "Comment on Application DEC Requirements Regulations" on the subject line of any emailed comment. Written comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. Please indicate the article and section number to which each comment refers, if applicable. Please indicate in the subject line "Comment on application DEC requirements". All written comments must be received no later than 4:30 p.m. on January 13, 2017.

You may submit written questions relevant to the proposed regulations by email to marijuana@alaska.gov or to Cynthia Franklin at the above physical address. Please do not submit questions through the Alaska Online Public Notice System. The written questions must be received at least 10 days before the end of the public comment period, by January 3, 2017 at 4:30 p.m. The Marijuana Control Board will aggregate its response to substantially similar written questions and make the questions and response available on the Marijuana Control Board website. The Marijuana Control Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Craig Douglas at (907) 269-0350 no later than January 3, 2017 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulations are available through the electronic link to the complete text on the Alaska Online Public Notice System, on the Marijuana Control Board website at https://www.commerce.alaska.gov/web/amco/ or by contacting Craig Douglas at craig.douglas@alaska.gov or 550 W. 7th Ste 1600, Anchorage, AK 99501.

After the written public comment period ends, the Marijuana Control Board will either adopt the proposed regulations or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment in writing during the time allowed if your interests could be affected. No verbal public comment will be taken on the proposed changes.