Section 11 AAC 40.800 - Enforcement authorityTo carry out the provisions of this chapter, the division may
(1) sample and test industrial hemp, cannabis, industrial hemp products, and cannabis products for the presence of delta-9-THC, prohibited contaminants, or pesticide residue and for proper labeling and distribution;(2) control, seize, quarantine, embargo, or direct destruction of industrial hemp or industrial hemp products not in compliance with this chapter;(3) during the usual hours of a business, or at any time if the division determines that there is an immediate threat to the health or safety of the general public, enter and inspect premises where industrial hemp or industrial hemp products are produced, handled, or transported;(4) with three calendar days' notice to the registrant, inspect records documenting the sale or transfer of industrial hemp or industrial hemp products;(5) declare as a public nuisance injurious to the public interest (A) any industrial hemp or industrial hemp product found to violate a provision of this chapter; or(B) any cannabis with delta-9-THC over 0.3 percent or cannabis product for human consumption containing delta-9-THC, subject to this chapter, and found to violate a condition of this chapter;(6) direct the movement, reconditioning, or destruction of any industrial hemp, industrial hemp product, cannabis with delta-9-THC over Q.3 percent, or cannabis products for human consumption containing delta-9-THC declared to be a public nuisance as permitted by AS 03.05.050 or 03.05.076;(7) issue notices of violations and civil fines, or issue stop orders for violations of this chapter, including to persons who are not registered or permitted to participate in the Alaska Industrial Hemp Program;(8) as permitted under AS 03.05.090, refer violations of this chapter to a peace officer for criminal prosecution;(9) suspend, revoke, or deny registrations, endorsements, or permits issued under this chapter;(10) cooperate and communicate with the Marijuana Control Board, the Department of Public Safety, or any other peace officers; and(11) undertake any other action not listed here, but permitted under AS 03.05.Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Register 248, January 2024Authority:AS 03.05.010
AS 03.05.040
AS 03.05.050
AS 03.05.076
AS 03.05.078
AS 03.05.079
AS 03.05.090
AS 03.05.100