This would really suck ass if it passes.
HB 337 could require Alaskans to keep records of personal marijuana.
If you grow your own cannabis in Alaska or even if you buy legal cannabis when stores open this fall,, House Bill 337 could require you to keep records and then hang onto those records for three years. But, just how a person is supposed to keep records isn’t clear.
In Alaska, possession of a weight scale is considered prima facie evidence of an intent to distribute marijuana. But, without a scale, how is a person supposed to know how much marijuana they harvested from their personal grow? Or even whether that sack of smoke Alaskans can legally carry outside their homes weighs less than an ounce.
The last paragraph of the bill, subsection (d) of Sec. 43.61.050. says that the Department of Law “may examine the books, papers, records, or memoranda of a person growing, selling, receiving, storing, refining, or processing marijuana”. The other subsections of Sec. 43.61.050 refer specifically to marijuana cultivation facilities, but subsection (d) refers to a person. The bill, as well as its supporting documents can be found here:
http://www.legis.state.ak.us/basis/get_complete_bill.asp?session=29&bill=HB337
Some say Alaskans smoke 20 tons of bootleg cannabis a year.
By some estimates, Alaskans have been consuming around 20 tons of bootleg pot a year. While no one knows for sure, it is probably a safe bet that the majority of that smoke is grown right here in Alaska before being distributed on the black market. This subsection of the bill is clearly aimed at the entrenched black market for cannabis in Alaska while innocent Alaskans are caught in the crossfire.
So, how would the Department of Law know if a person is growing? Smell, perhaps? Growing, possessing and using cannabis in one’s home has been legal in Alaska since 1975. However, odors wafting from large grows have led to many arrests over the years, most recently in Homer, where the smell of growing marijuana led police to a warehouse containing 1,000 plants. Live cannabis has a distinct, easily identifiable odor and even the slightest whiff could be considered evidence that cannabis is being cultivated. HB 337 might just give the state the right to go inside a person’s home to see.
The bill gives the Alaska Department of Law authority to inspect personal marijuana grow records.
The proposed law does not necessarily give the Department of Law the right to inspect a person’s personal grow, just their paperwork. But, there are provisions in the bill that provide for penalties for those possessing more than four ounces of cured cannabis, more than six plants or having more than three of those plants in bud. The bill uses the definition used in the controlled substances list to determine the weight of taxable marijuana for personal growers. That weight is defined as one-sixth of the live weight of a plant minus the roots. Any personal use grower who has more than the limits set in HB 337 would have to pay a $50 an ounce tax on any excess pot beyond the limit.
The current laws surrounding personal use, growing and harvesting cannabis in Alaska are conflicting and confusing for everyone. This bill just adds to the confusion while creating an unnecessary burden on personal use and likely impinges on the privacy Alaskans enjoy in their homes. Alaskans deserve to know, without risking jail time and lengthy, expensive court challenges, what their rights are.
http://denalismoke.com/alaska-legislature/hb337taketwo/