Alaska marijuana regulators vent over investigative help

May 1, 2019 | 3:35 PM

JUNEAU, Alaska — Alaska marijuana regulators expressed frustration Wednesday with the limited co-operation they say they’re receiving with investigations from the state Department of Public Safety.

The dispute dates to last fall, during then-Gov. Bill Walker’s administration, when an acting director of the Alaska State Troopers notified the Alcohol and Marijuana Control Office its investigators would no longer have access to certain databases.

Erika McConnell, the office’s director, told the Marijuana Control Board that access to the databases is based on one of two qualifications: being a criminal justice agency or peace officers.

She said it’s debatable whether the office is a criminal justice agency but said “for decades” the state considered investigators related to the office’s work peace officers. She said she’s not clear on what changed.

Earlier this year, McConnell said the department had indicated in meetings that the factor of change was the addition of marijuana to the office’s regulatory responsibilities.

A message seeking comment was sent to a Public Safety spokeswoman.

The Nov. 1, 2018, letter from Major Andrew Greenstreet, then-acting director of the Troopers, said access had been granted previously “by presuming” the office functioned as a criminal justice agency. But the letter says the office does not meet the qualifications for that and says that while state law grants some office employees “limited peace officer powers,” those aren’t sufficient for them to be considered peace officers.

McConnell told the Marijuana Control Board, meeting Wednesday in Anchorage, the department had agreed to provide information in the databases to office investigators when requested.

She said while some timely information has been provided, some requests “have been ignored or go unfilled even after repeated requests. So, this continues to be a frustration for the office.”

Board member Loren Jones asked whether Attorney General Kevin Clarkson or Commerce Commissioner Julie Anderson could do something.

The chairmen of the Marijuana and Alcoholic Beverage control boards previously sent a letter to Anderson asking her to request from Clarkson a legal opinion on whether office investigators are peace officers, McConnell said.

Mark Springer, who chairs the Marijuana Control Board, said he did not receive a response. An email seeking comment was sent to Anderson.

McConnell said she anticipated a letter from Springer and possibly the Alcoholic Beverage Control Board chair being sent to Clarkson to request an opinion on the issue.

Becky Bohrer, The Associated Press