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FY2021-10 Rescinding A Prohibition On Edible Marijuana Products1 2 3 4 5 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 Introduced by: Assembly Member Dvorak Drafted by: Assembly Member Dvorak Introduced on: 06/18/2020 Public Hearing Date: 07/06/2020 Adopted on: 07/06/2020 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RESCINDING A PROHIBITION ON EDIBLE MARIJUANA PRODUCTS. WHEREAS, the City of Kodiak rescinded its prohibition on marijuana edibles on March 12, 2020 by Ordinance No. 1394; and WHEREAS, this action, which became effective on April 18, 2020, puts permitted marijuana businesses located in the Kodiak Island Borough, outside of the City of Kodiak jurisdiction, at a distinct disadvantage in that people can easily drive to the City of Kodiak to find these products thereby making the situation unfair for permitted marijuana businesses in the borough, while also making those businesses less competitive; and WHEREAS, marijuana edibles are permitted outright, under the State of Alaska regulations pertaining to licensure of permitted marijuana businesses, subject to certain conditions to not label them in a manner which would make them attractive to children; and WHEREAS, local governments can restrict or prohibit the sale of marijuana edibles under the applicable State of Alaska regulations, however when you have one government that permits edibles and one that does not, it creates an unfair business advantage that no longer will serve the public interest if edibles can still be legally purchased and consumed in the larger community simply by patronizing marijuana businesses in the city's jurisdiction; and WHEREAS, in order to address the perceived inequality between city and borough marijuana businesses, an ordinance amendment is needed to amend the borough marijuana rules by striking the prohibition on marijuana edibles, in order to be substantially consistent with those of the City of Kodiak NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; Section 2: The following code language is hereby amended as shown: 5.02.010 Prohibitions. ^. Kodiak Island Borough, Alaska Ordinance No. FY2021-10 Page 1 of 2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF JULY, 2020. KODIAK ISLAND Mayor ATTEST: Rice, Borough Clerk VOTES: Ayes: Schroeder, Symmons, Dvorak, and Mayor Roberts`S�,AND e0 Noes: Kavanaugh, Skinner, and Arndt 'Q® G � G1 a Kodiak Island Borough, Alaska Ordinance No. FY2021-10 Page 2 of 2