AK: Fairbanks Ordinance To Limit Marijuana Retail Shops To 25

Photo Credit: Robert Woolsey

After a heated debate, the Fairbanks City Council approved an ordinance Monday that added regulations to the marijuana industry.

The amended ordinance maintains the city’s ban on on-site consumption of cannabis, but it would allow more than twice as many retail shops as the original introduced by Mayor Jim Matherly three months ago.

Council chambers were packed with partisans for and against the marijuana-regulating ordinance.

Councilmembers debated a flurry of amendments to the ordinance, starting with a provision limiting the number of retail shops in the city to 12, the number of shops that were either currently operating or about to open.

“Nine were open, three were in the queue — that’s where I originally started with the 12 to get it on the table for discussion,” Matherly said.

Jerry Cleworth and June Rogers introduced the substitute ordinance setting set the limit at 15, based on the principle that marijuana ought to be regulated like alcohol, as legalized-marijuana supporters have long advocated.

“Right now, inside the city, we have 15 operating package stores, which is the equivalent to a retail establishment for cannabis,” Cleworth said.

Valerie Therrien moved to amend the substitute ordinance to eliminate the limit and to delete a provision that would require the city to reduce that number to 11 over time.

“We don’t need to put a number on the number of establishments that we need to have in our community,” Therrien said. “I believe that zoning is going to take care of that.”

The council members approved that proposal 5-1, with Cleworth dissenting.

Therrien then moved to increase the retail-store limit to 25. She said that would be fair for the six shops now in business, as well as the three that are close to opening and 16 others that’ve submitted applications and are under review by the state Alcohol and Marijuana Control Office.

“I don’t think it was fair to the marijuana industry to limit the number of licenses after people had already initiated and spent their money,” Therrien said, “And now say to them, ‘Oh, we’re going to cut it down to 15.’”

The council narrowly approved setting the limit at 25, after a lengthy debate, with Cleworth, Rogers and Jonathan Bagwill voting no and Joy Huntington, David Pruhs and Therrien voting yes. Matherly cast the fourth and tie-breaking affirmative vote.

Pruhs and Therrien also prevailed in a vote to eliminate a proposal to establish a new method of measuring the minimum buffer of 750 feet between a marijuana retail shop and residential areas, schools and rehab facilities.

Their amendment re-established the use of the borough’s simpler system of measuring property line to property line.

They did not succeed in convincing the council to go along with a provision to authorize establishments to allow consumption of marijuana on-site.

Pruhs told marijuana advocates at the meeting that’s unlikely to happen anytime soon.

“No one on this council has a taste for on-site consumption,” Pruhs said. “It’s not legal in the state of Alaska. It’s not legal in Fairbanks.”

But the council approved the amended ordinance 6-0. Afterward, Matherly suggested to all in attendance that they may not have heard the last word on the issue.

“This is not the last you’ll see of this ordinance, I’m sure, and the discussion surrounding it,” Matherly said. “Just so everyone knows.”

But for now, the city’s marijuana industry has for the first time a complete set of rules under which to operate.