Section 3.306.830. Seizure of marijuana or marijuana product.

	(a)  The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity, may seize marijuana or any marijuana product from a licensed or previously licensed marijuana establishment if the marijuana establishment has   
		(1) any marijuana or marijuana product not properly logged into the marijuana establishment's marijuana inventory tracking system;  
		(2) any adulterated marijuana food or drink product prohibited under 3 AAC 306.510(a)(4);  
		(3) any marijuana or marijuana product that is not properly packaged and labeled as provided in   
			(A) 3 AAC 306.470 and 3 AAC 306.475; or   
			(B) 3 AAC 306.565 and 3 AAC 306.570; or   
		(4) not renewed its license as required under 3 AAC 306.035.  
	(b)  If the director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity seizes marijuana or a marijuana product under this section, the director shall update the marijuana inventory control tracking system to reflect the seizure and ensure that the seized items are stored in a reasonable manner. The director shall immediately give the marijuana establishment from which the marijuana or marijuana product was seized notice of the reasons for the seizure and the time and place of a hearing before the board. Unless the marijuana establishment from which the marijuana or marijuana product was seized requests a delay, the hearing will be held not later than 10 days after the director gives notice of the reasons for seizure and the scheduled hearing. If the seizure occurs in connection with a summary suspension under 3 AAC 306.825, the hearing will be combined with a hearing on the summary suspension.  
	(c)  If the marijuana establishment from which the marijuana or marijuana product was seized does not request or participate in a hearing under this section, or if after a hearing the board finds that seizure of the marijuana or marijuana product was justified, the marijuana or marijuana product will be destroyed by burning, crushing, or mixing with other material to make the marijuana or marijuana product unusable as provided in 3 AAC 306.740.  
	(d)  If a seizure under this section is of marijuana plants in place in a licensed standard or limited marijuana cultivation facility, the seizure order may direct the marijuana cultivation facility to continue care of the plants until the hearing, but prohibit any transfer, sale, or other commercial activity related to the plants.  

Authorities

17.38.010;17.38.070;17.38.121;17.38.131;17.38.150;17.38.190;17.38.200;17.38.900

Notes

Reference

3 AAC 306.835
3 AAC 306.840

Authority

AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17.38.131 AS 17.38.150 AS 17.38.190 AS 17.38.200 AS 17.38.900

History

Eff. 2/21/2016, Register 217