Anchorage marijuana retailer seeks repeal of ad warning rule the state is already reviewing

Dru Malone of Southside Growers Co-op, an Anchorage marijuana retailer, asked the Alcohol and Marijuana Control Office on Oct. 23 to repeal a state rule requiring five health and safety warnings in marijuana ads. The warnings cover intoxicating effects, impairment, health risks, adult-only use and pregnancy or breastfeeding. One reads: "Marijuana impairs concentration, coordination, and judgment."

Malone's filing argued the rule violates the Alaska Constitution's Equal Protection Clause because alcohol sellers face no equal requirement, leaving cannabis businesses "forced to project an artificially inflated image of danger to the public." The filing said alcohol carries a higher risk of dependency, organ damage and fatal overdose than cannabis.

The Marijuana Control Board already has a repeal in the works. Kristina Serezhenkov, a local government specialist with the office, replied Oct. 30 that the board's advertising, marketing and promotions project includes repealing the rule. On Sept. 22 the board amended an initial draft and approved sending it to the Department of Law for initial review. The office sent it to Law on Oct. 5.

The initial draft would also drop limits on marketing to location-based devices such as cellphones and a rule that lets businesses sponsor events only if no more than 30% of participants are expected to be under 21.

Once Law approves the draft, it goes out for a 30-day public comment period, which Serezhenkov wrote "will not open for some time."

"A comment received at this point in the regulations process doesn't have an effect on the project right now," she wrote. She urged Malone to resubmit during the comment period.

The board will see Malone's filing and the office's reply at its Nov. 18-19 meeting in Anchorage.