Dunleavy nominee to marijuana board hears major opposition

Cannabis industry members have their hackles raised at one of Gov. Michael J. Dunleavy’s appointees to the board that regulates their businesses with wide concerns about the administration’s long-term intentions.

New governors regularly flip the membership of boards and commissions, particularly high-impact regulatory bodies. The Marijuana Control Board is no different. Dunleavy did not reappoint industry member Brandon Emmett of Fairbanks, instead nominating Vivian Stiver of Fairbanks. He also appointed Lt. Christopher Jaime, who works as a wildlife trooper at the Alaska Department of Public Safety’s Soldotna post, to the designated public safety seat.

Jaime would take the seat from Sitka Police Chief Jeff Ankerfelt, whom the Dunleavy administration dismissed from the board in January. Both Ankerfelt and Emmett voted to authorize on-site consumption of cannabis in a 3-2 vote on Dec. 20, 2018.

Stiver has owned several small businesses and worked in the legislative offices of Rep. Tammie Wilson, R-Fairbanks, and Sen. Cathy Giessel, R-Anchorage, previously served on the Fairbanks City Council and led an effort to ban commercial marijuana activity within Fairbanks city limits in 2017.

Stakeholders immediately raised the alarm, in part because Emmett held a seat designated for the industry or general public, and had been one of two industry representatives since the board was formed in 2015.

During a Senate Labor and Commerce Committee hearing on Feb. 12, members of the public testified on Stiver’s appointment for nearly two-and-a-half hours. A few people testified in support, but the vast majority opposed her confirmation.

During her introduction, Stiver said she could put aside her personal views and be impartial. Her effort to ban commercial cannabis in Fairbanks had not been because of prohibitionist views, she said, but rather over concern with the city and borough’s readiness for businesses.

“Our concern was are we ready? Are we ready for this industry?” she said. “There were many people in the group at that time that had different viewpoints from mine. I do believe there’s no problem with me working within the parameters of (the board) seat and working well for everyone involved.”

She said she has been meeting with members of the industry and working to educate herself about the issues in the meantime as well. So far, the vast majority of operators have been responsible and no issues have come up, and those that have were dealt with, she said.

A handful of people called in to testify in support of Stiver’s appointment, while other submitted letters saying they wanted someone on the board with an opposing viewpoint to balance the board.

Some of the industry testifiers said they hoped Stiver’s statements were true and she would work fairly with the industry. Cole Hollister, the chairman of the Alaska Marijuana Political Action Committee and a co-owner of cannabis business Pakalolo Supply Co., agreed with another testifier that Stiver may be a “Trojan horse” for Dunleavy’s intentions in the future.

“I believe that in removing one of our biggest voices, Brandon Emmett, and appointing Vivian Stiver, he’s spoken loud and clear of his intention toward the industry,” he said. “I don’t believe Vivian is telling the entire truth but I want to give her the benefit of the doubt.”

Others offered no support based on Stiver’s previous work. Cary Carrigan, the executive director of the Alaska Marijuana Industry Association — a group where Emmett serves as the board president — testified against Stiver’s confirmation, saying the business people she had consulted did not include a broad swath of the industry and the AMIA had not been included.

The AMIA sent out multiple emails to stakeholders before the meeting requesting that they testify against Stiver’s confirmation.

“It’s impossible for a leopard to change its spots,” he said. “I think that it’s really interesting that we have somebody who’s as well versed in cannabis as Brandon Emmett being displaced by someone who has little to no knowledge whatsoever.”

Public safety nominee

Though the Labor and Commerce Committee hearing was supposed to include both nominees, the entire hearing focused on Stiver. Jaime’s hearing was rescheduled two days later, where the committee members heard less than half an hour of discussion before forwarding his name to a joint session for consideration.

Jaime said he has worked in both rural and urban settings as a trooper and would listen to the industry within the lines of law enforcement. Since being nominated, he said he met with several Kenai Peninsula cannabis business owners and visited their operations to get a better understanding of the industry.

“I am not looking forward to expressing my personal opinions about marijuana or going against the will of the people,” he said.

The people who offered testimony on his appointment were cautiously optimistic or supportive. Ryan Tunseth, who owns the retail shop East Rip in Kenai, said Jaime has earned a reputation as a fair officer with the Department of Public Safety. His effort to visit with industry stakeholders offered an olive branch to industry members, he said.

“(The stakeholders he visited) felt like it was very meaningful, that he would work to understand the inner workings,” Tunseth said.

Both nominees were forwarded out of committee to a joint session for consideration. But even as the nominees move forward, the board they plan to serve on may not be long for this world. Dunleavy’s fiscal year 2020 budget, released on Feb. 13, includes a proposal for legislation to abolish both the Marijuana Control Board and the Alcoholic Beverage Control Board and delegate their responsibilities to the commissioner of the Alaska Department of Commerce, Community and Economic Development.

Elizabeth Earl can be reached at [email protected].

02/20/2019 - 10:11am