Submitted by: Assembly Members HALL and DEM BOS Kl

CLERK'S OFFICE

AMENDED AND APPROVED

Prepared by: For reading:

Date: y,,~S-/~ --------- ANCHORAGE, ALASKA

AO No. 2015-85

Dept. of Law July 14, 2015

1 AN ORDINANCE OF THE ANCHORAGE ASSEMBLY AMENDING 2 ANCHORAGE MUNICIPAL CODE SECTION 9.36.200 TO ADD LANGUAGE 3 REGARDING MARIJUANA CONSUMPTION WHILE DRIVING AND 4 MARIJUANA INSIDE A VEHICLE. 5

6 7 WHEREAS, Ballot Measure 2 - An Act to Tax and Regulate the Production, Sale 8 and Use of marijuana, and codified as Alaska Statutes 17.38, provides for the 9 legalization of marijuana, was passed by the voters in the recent state election and

10 certified on November 28, 2014 by the State of Alaska, Division of Elections; and 11 12 WHEREAS, newly enacted AS 17.38.120 states: 13 14 Employers, driving, minors and control of property. 15 16 (b) Nothing in this chapter is intended to allow driving under the 1 7 influence of marijuana or to supersede laws related to driving under 18 the influence of marijuana. 19 20 ; and 21 22 WHEREAS, proponents of the effort to legalize marijuana referred to itself as the 2 3 "Campaign to Regulate Marijuana Like Alcohol"; and 24 2 5 WHEREAS, Anchorage Municipal Code 9.36.200 bans the consumption of 2 6 alcoholic beverages while driving; and 27 2 8 WHEREAS, the forms of marijuana, marijuana products, and marijuana packaging 2 9 do not lend themselves to open versus closed distinctions; and 30 31 WHEREAS, the use of marijuana while driving is recognized as detrimental to 32 public safety; and 33 34 WHEREAS, it is the intent of the Assembly, as reasonably possible, to have 3 5 laws and codes of the Municipality of Anchorage, the State of Alaska, and 3 6 neighboring local jurisdictions consistent regarding open containers of 3 7 marijuana in motor vehicles. Should the State of Alaska or a neighboring 3 8 local jurisdiction adopt laws on this subject that differ from Anchorage 3 9 Municipal Code, it is the intent of the Assembly to re-examine Anchorage 4 o Municipal Code for additional consistency; and 41 4 2 WHEREAS, the effective date of the state marijuana statute was February 24, 4 3 2015; now, therefore,

1

AO regarding marijuana consumption and marijuana possession while driving

Page 2 of 3

2 THE ANCHORAGE ASSEMBLY ORDAINS: 3 4 Section 1. Anchorage Municipal Code section 9.36.200 is hereby amended to 5 read as follows: 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

9.36.200 Consumption of [DRINKING] alcoholic beverages or marijuana while driving, and possession of alcoholic beverages or marijuana while driving.

A.

B.

---

No person may consume marijuana or drink alcoholic beverages while driving a vehicle on a roadway or street.

No person may drive a vehicle at such times as there is marijuana or an open container of alcoholic beverage in the passenger compartment of the vehicle, unless [THE VEHICLE 1s]:

1. The vehicle is:

2.

a limousine licensed pursuant to title 11;

~[2] With the exception of the area occupied by the driver, equipped with darkened windows which obscure the view into the vehicle and such windows are fully closed; and

c.[3] Equipped with a partition between the driver and the area where the marijuana or open container of alcoholic beverage is located and that partition is fully closed.

The marijuana or open container of alcoholic beverage is:

a. In the trunk of a motor vehicle; or

b. On a motor driven cycle. or behind the last upright seat in a motor home. station wagon. hatchback. or similar trunkless vehicle, if the marijuana or open bottle, can. or other receptacle of alcoholic beverage is enclosed within another container; or

c. Behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or

d. In the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.

1 2 3 4

AO regarding marijuana consumption and marijuana possession while driving

Page 3 of 3

For the purposes of this section, the term "open" means, when referring to a bottle, that the seal around the lid, cap or cork has been broken, or that the lid, cap or cork has been removed.

5 (AO No. 78-72; AO No. 80-4; AO No. 87-8) 6 7 Section 2. The amendments to Anchorage Municipal Code contain in this 8 ordinance shall be effective thirty (30) days after passage and approval by the 9 Assembly.

10 11 12 13 14 15 16 17 18 19 20 21 22 23

PASSED AND APPROVED by the Anchorage Assembly this 25th day of August, 2015.

Chair of the Assembly

ATIEST:

Lkh· PL~ Municipal Clerk

MUNICIPALITY OF ANCHORAGE

Assembly Memorandum

No. AM 449-2015

Meeting Date: July 14. 2015

1 From: ASS EM BL y MEMBERS HALL AND DEM BOS Kl 2

3 Subject: AN ORDINANCE OF THE ANCHORAGE ASSEMBL y 4 AMENDING ANCHORAGE MUNICIPAL CODE SECTION 5 9.36.200 TO ADD LANGUAGE REGARDING MARIJUANA 6 CONSUMPTION WHILE DRIVING AND MARIJUANA INSIDE A 7 VEHICLE. 8 9 Ballot Measure 2 -An Act to Tax and Regulate the Production, Sale and

10 Use of marijuana, and codified as Alaska Statutes 17.38, provides for the 11 legalization of marijuana; the initiative was passed by Alaska voters in a state 12 election, and was certified by the State of Alaska, Division of Elections, on 13 November 28, 2014. 14 15 17 .38.120 explicitly states that "nothing in this chapter is intended to allow 16 driving under the influence of marijuana or to supersede laws related to driving 1 7 under the influence of marijuana." Proponents of the initiative to legalize 18 marijuana referred to it as the "Campaign to Regulate Marijuana Like Alcohol." 19 Driving under the influence of either marijuana or alcohol is already prohibited 2 o under AMC 9.28.020(B). Closely related to driving under the influence of alcohol 21 are the restrictions on drinking alcoholic beverages while driving and possession 22 of an open container of alcoholic beverage while driving, at 9.36.200. Because 2 3 marijuana is to be regulated like alcohol, and it is clear the initiative did not intend 2 4 to circumvent laws related to driving under the influence of marijuana, there 2 5 should be similar restrictions relating to the consumption and possession of 2 6 marijuana while driving. The use of marijuana while driving has been widely 2 7 recognized as detrimental to public safety, much the same as alcohol; as such, 2 8 the same restrictions should be applied to the use and possession of marijuana 2 9 while driving. 30 31 In keeping with the intent to regulate marijuana like alcohol, the 32 Municipality has proposed altering its current ordinance related to driving under 33 the influence of alcohol, like the open container policy and drinking while driving, 3 4 to include marijuana offenses. The following changes have been made: 35 3 6 1. The title of the ordinance (AMC 9.36.200) has been changed from 3 7 "Drinking alcoholic beverages while driving" to "Consumption of alcoholic 38 beverages or marijuana while driving and possession of alcoholic 3 9 beverages or marijuana while driving."

1

AM regarding marijuana consumption and marijuana possession while driving

Page 2 of 3

2 a. This change was made for two reasons: (1) to incorporate marijuana 3 into the ordinance that already prohibits the same conduct with regard 4 to alcohol; and (2) to accurately reflect a prohibited act that was not 5 represented in the original title (possession while driving). 6 7 2. Section (A) was altered to include a prohibition against consuming 8 marijuana while driving where drinking alcohol while driving was already 9 prohibited ("no person may consume marijuana or drink alcoholic

10 beverages while driving .. . "). 11 12 a. This change is fairly straightforward and aligned with the goals of the 13 initiative; the dangers of impaired driving after consuming marijuana 14 are well known. Further, the initiative explicitly states that nothing in 15 17.38 is intended to allow driving under the influence of marijuana. 16 1 7 3. Section (B) was altered to include a prohibition against possession of 18 marijuana (in certain areas of the vehicle) while driving where possession 19 of an open container of alcoholic beverage (in the same areas of the 20 vehicle) was already prohibited ("no person may drive a vehicle at such 21 times as there is marijuana or an open container of alcoholic 22 beverage .. . "). 23 2 4 a. This change was made pursuant to the initiative language that "nothing 2 5 in this chapter is intended ... to supersede laws related to driving under 2 6 the influence of marijuana." 17.38.120(b). Possession of marijuana 2 7 while driving is inextricably related to driving under the influence of 2 8 marijuana. 29 30 While marijuana is to be "regulated like alcohol," marijuana creates 31 some unique issues that alcohol doesn't, especially as it pertains to a 32 potential "open container" policy. Marijuana and marijuana products 33 come in many different forms; it is likely that most of the packing will 3 4 not lend itself well to open versus closed distinctions. Further, it is 3 5 impossible to foresee, and write an all-encompassing "open container" 3 6 definition that would account for, all the potential packaging 3 7 possibilities. However, leaving the term "open container" undefined in 3 8 relation to marijuana would leave interpretation up to individual 3 9 enforcement officers; in effect, citizens would not be adequately 4 o notified of which containers are and are not permissible while driving. 41 Any open container policy for marijuana would breed confusion, both 4 2 for citizens and law enforcement. 43 4 4 Simply prohibiting marijuana, in whatever form or container, from being 4 s in certain areas of the vehicle allows for proper notice to citizens about 4 6 what is prohibited; it will also allow for uniformity and ease in 4 7 enforcement. 48 4 9 4. Section (8)(1) was altered in two minor ways: (1) the format was altered to so allow for uniformity with the new language that has been added to Section

AM regarding marijuana consumption and marijuana possession while driving

1 (8)(2). The Municipality does not expect this formatting change to

Page 3 of 3

2 substantively alter the type of vehicle that is allowed under the (8)(1) 3 exemption from the open container policy; (2) Section (8)(1)(iii) was 4 altered to read, "marijuana or open container of alcoholic beverage ... ". 5 Marijuana was added to make the entire ordinance consistent with the 6 goal of prohibiting driving with marijuana in certain areas of the car. "Of 7 alcoholic beverage" was added in an attempt to make the language of the 8 ordinance consistent throughout (examples of inconsistent language: 9 "open container,"" open container of alcohol"); the Municipality does not

1 o expect this addition to substantively change the effect of the ordinance. 11 12 5. Section (8)(2) includes completely new language that was pulled from the 13 corresponding State statute governing an open container of alcoholic 14 beverage while driving. AS§ 28.35.029(b)(1 )-(4). 15 16 a. This new language will allow for more exceptions to the prohibition on 1 7 marijuana or an open container of alcoholic beverage while driving; 1 8 specifically, it allows for an exception if the marijuana or open 19 container is in the trunk, as well as exceptions that encompass 2 o vehicles that do not have a trunk, those vehicles that have partitions 21 separating drivers from passengers, and those vehicles with high 22 passenger capacities where the driver receives monetary 2 3 compensation for driving. This broader state statutory creates 2 4 reasonable opportunities for transporting otherwise prohibited items, 2 5 and the Municipality thought it should be reflected in the local 2 6 ordinance governing open container and marijuana possession while 2 7 driving. 28 2 9 This ordinance is not anticipated to have any substantial economic impact, so a 30 summary of economic effects is not required. 31 32 3 3 Prepared by: 34 35 Respectfully submitted: 36 37

Christie White and Seneca Theno, Dept. of Law, Criminal Division Assembly Member Ernie Hall and Assembly Member Amy Demboski