Pubdate: Sat, 14 Nov 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Lindianne Sarno
Note: Lindianne Sarno is a music educator in Homer and director of 
the Kachemak Cannabis Coalition, which has an educational mission. 
She also serves on the City of Homer Cannabis Advisory Commission. 
Fellow KBCC directors Wes Schacht, Scott Owens, Michael Glasgow 
contributed to this commentary.

WHY CANNABIS CLUBS SHOULD NOT BE PROHIBITED IN ALASKA

Cannabis social clubs should not be prohibited. This is the position 
of the Kachemak Cannabis Coalition, which I help direct.

On Oct. 22, the City of Homer Cannabis Advisory Commission 
unanimously agreed with that position, including commission member 
Homer Police Chief Mark Robl. Robl reasons that concentrating 
cannabis consumption at businesses makes the "no public consumption" 
rule more enforceable.

Cannabis clubs are a key issue. The state Marijuana Control Board has 
proposed a regulation that prohibits "marijuana clubs," including 
"private clubs, associations or corporations" where a membership fee 
or cover charge entitles a patron to bring already purchased cannabis 
to consume on the premises. If you violate the prohibition, you're 
subject to a civil fine.

Prohibiting cannabis social clubs is cultural discrimination

The title of the initiative passed by Alaska voters included the 
words "tax and regulate marijuana like alcohol." Once cannabis is 
purchased and the tax is paid, the cannabis passes out of the 
jurisdiction of the state and becomes like a bottle of wine or beer. 
Like beer and wine, cannabis cannot be consumed in public, that is, 
on the street. In British Columbia, Canada, the Netherlands, and 
other jurisdictions where cannabis is legal, private clubs, 
restaurants, bed-and-breakfasts, cafes, tours, coaches and other 
canna-friendly businesses provide premises where adult patrons can 
safely and convivially consume cannabis.

Alcohol is consumed at restaurants, hotels, social clubs and 
associations such as the VFW, the Masons, and the Elks. Imagine the 
uproar if alcohol consumption were prohibited at private clubs, 
associations or corporations.

Like harmless social consumption of alcohol, harmless social 
consumption of cannabis is now protected by the initiative passed by 
Alaskan voters.

Prohibiting clubs works against good business

Alaska cannabis is world-famous, as is Alaska hospitality. Alaska 
canna-tourism businesses serve tourists seeking a safe, genuine 
Alaskan cannabis experience. This has been going on for decades.

Similarly, canna-friendly clubs serve Alaskans who travel to town for 
business, shopping, education, and health reasons, who want to relax 
in a safe, convivial atmosphere. It's already happening.

The depth and abundance of Alaska's canna-business economy may 
surprise people unfamiliar with cannabis culture. The Kachemak 
Cannabis Coalition receives inquiries from people seeking (1) 
medicine for seizures, sleep disorders, depression, arthritis, and 
cancer, (2) to grow cannabis privately, (3) cannabis-friendly 
community, (4) to serve the canna-business economy by growing, 
processing, testing, dispensing, or hosting tourists, and investors 
and entrepreneurs ask about real estate for cannabis-friendly businesses.

Prohibiting cannabis clubs and canna-business will result in unified 
opposition, widespread civil disobedience, needless litigation at the 
taxpayer expense, and delay the development of Alaska's 
other-than-petroleum economy.

It's is unconstitutional

Cannabis clubs, cannabis-friendly B&Bs, cannabis cafes, and the like, 
are protected by the language of the initiative itself; 
constitutional guarantees of equal protection, and First Amendment 
freedom of association, a freedom as fundamental as freedom of the press.

The 14th Amendment of the U.S. Constitution and Article 1 of the 
Alaska Constitution provide for equal protection under the law. B&Bs 
and hotels permit patrons to bring their own alcohol to consume on 
the premises. Likewise, cannabis-friendly businesses should be able 
to welcome adult patrons to consume cannabis purchased from 
dispensaries or grown at home.

Prohibiting cannabis social clubs while permitting alcohol social 
clubs is cultural discrimination. Discrimination against a culture is 
prohibited by the equal protection clause no less than discrimination 
by age, gender, religion, handicap, race, or sexual preference.

To "tax and regulate marijuana like alcohol," the definition of "in 
public" must be essentially the same for alcohol and cannabis. You 
can't drink booze or consume cannabis on the street. But the MCB 
presumes to redefine "in public" as "any place to which the public or 
a substantial portion of the public has access." This is unfair. This 
drives cannabis consumption right back into the home, and provides no 
legal way for Alaska tourists to consume cannabis.

The regulatory board says, "Alaska Statute 17.38 (the initiative) 
does not provide legal authority for the Marijuana Control Board to 
create a license type permitting consumption of marijuana in a place 
which is open to the public."

The board doesn't have to create a license type. Canna-friendly 
businesses need only to be licensed like any other business, subject 
to local ordinances and standards of decorum.

The cannabis culture has endured enough discrimination, persecution 
and imprisonment. The cannabis culture has cultural rights. Prohibition is over.
- ---
MAP posted-by: Jay Bergstrom