Marijuana is a Schedule VIA substance under the Controlled Substances chapter of Alaskan criminal law. However, tetrahydrocannabinols, hash, and hash oil are Schedule IIIA substances.

See

• Alaska Stat. § 11.71.160 Web Search
• Alaska Stat. § 11.71.190 Web Search

Possession for Personal Use

Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Sharing or gifting 1 ounce or less, or 6 plants or less for personal use to persons at least 21 years of age quantities of marijuana is also permitted under the new law; however the consumption of cannabis in public remains an offense and is punishable by a fine of up to $100.

See

• Alaska Stat. § 17.38.020 Web Search
• Alaska Stat. § 17.38.040 Web Search

Possession of 1 to less than 4 ounces is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000. However, if the use, display, or possession was for personal use and occurred in the confines of the offender's private residence, there is no penalty and this act is protected under the Alaskan constitutional right to privacy.

Possession of 4 or more ounces of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See

• Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 11.71.050 Web Search
• Alaska Stat. § 11.71.060 Web Search
• Alaska Stat. § 12.55.035 Web Search
• Alaska Stat. § 12.55.125(d), (e) Web Search
• Alaska Stat. § 12.55.135 Web Search
• Ravin v. State, 537 P.2d 494 (Alaska 1975) Web Search
• Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003) Web Search

Possession within 500 feet of school grounds, a recreation or youth center, or on a school bus is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000. It is an affirmative defense to this charge that the violation occurred entirely within the confines of a personal residence.

See

• Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 12.55.035 Web Search
• Alaska Stat. § 12.55.125(d), (e) Web Search

Possession with Intent to Distribute

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to possess with intent to distribute less than 1 ounce of marijuana. Possession with intent to distribute an ounce or more of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See

• Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 11.71.050 Web Search
• Alaska Stat. § 12.55.035 Web Search
• Alaska Stat. § 12.55.125 Web Search
• Alaska Stat. § 12.55.135 Web Search

Sale/Delivery

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to deliver with or without compensation less than 1 ounce of marijuana. Delivery with or without compensation of an ounce or more of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See

• Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 11.71.050 Web Search
• Alaska Stat. § 12.55.035 Web Search
• Alaska Stat. § 12.55.125 Web Search
• Alaska Stat. § 12.55.135 Web Search

Delivery to a person under the age of 19 by a person at least 3 years his senior is a class B felony punishable by up to 10 years imprisonment and/or a fine up to $100,000.

See

• Alaska Stat. § 11.71.030 Web Search
• Alaska Stat. § 12.55.035 Web Search

Cultivation

Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Cultivation shall be in a location where plants are not subject to public view without use of binoculars, aircraft, or other optical aids. One must take reasonable precautions to ensure the plants are secure from unauthorized access. Cultivation may only occur on property lawfully possessed by the cultivator or with consent from the person in lawful possession. Violation of these rules while otherwise in compliance with AS § 17.38.020 is punishable by a fine of up to $750.

See

• Alaska Stat. § 17.38.030 Web Search

Cultivation of less than 25 plants of marijuana for personal use in a private residence is protected under the right to privacy of the Alaska constitution. Cultivation of 25 plants or more is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See

• Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 12.55.035 Web Search
• Alaska Stat. § 12.55.125 Web Search
• Ravin v. State, 537 P.2d 494 (Alaska 1975) Web Search
• Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003) Web Search

Hash & Concentrates

Hashish, hashish oil, and any other compound, mixture, or preparation containing THC is a Schedule IIIA substance.

See

• Alaska Stat. §11.71.160(f) Web Search
• Alaska Stat. §11.71.900 Web Search

Possessing less than 3 grams of hashish or concentrate is considered misconduct involving a controlled substance in the fifth degree. Misconduct involving a controlled substance in the fifth degree is a Class A misdemeanor. A Class A misdemeanor conviction is punishable by a fine of up to $10,000 and a sentence of up to 1 year.

See

• Alaska Stat. §11.71.050 Web Search
• Alaska Stat. §12.55.035(b)(5) Web Search
• Alaska Stat. §12.55.135(a) Web Search

Possessing more than three grams or more of hashish or concentrate is considered misconduct involving a controlled substance in the fourth degree. Possessing hashish or concentrates on a school bus or within 500 feet of a school or youth center is also misconduct involving a controlled substance in the fourth degree. Misconduct involving a controlled substance in the fourth degree is a Class C felony. A Class C felony conviction is punishable by a fine of up to $50,000 and a sentence of 0 -2 years, but previous felony convictions will increase the sentence up to 5 years total.

See

• Alaska Stat. §11.71.040 Web Search
• Alaska Stat. §12.55.125(e) Web Search
• Alaska Stat. §12.55.035(b)(4) Web Search

Delivering any amount of a hashish or concentrate to an individual less than 19 years in age and who is at least three years younger than the person delivering the substance is misconduct involving a controlled substance in the first degree. Misconduct involving a controlled substance in the first degree is an unclassified felony which is punishable by a fine of up to $500,000 and a sentence of 5 - 99 years.

See

• Alaska Stat. §11.71.010 Web Search
• Alaska Stat. §12.55.125(b) Web Search
• Alaska Stat. §12.55.035(b)(1) Web Search

Delivering, manufacturing, or possessing hashish or THC concentrates with the intent to deliver is considered misconduct involving a controlled substance in the third degree, which is a Class B felony. A Class B felony conviction is punishable by a fine of up to $100,000 and a sentence of 1 - 3 years, but previous felony convictions will increase the sentence up to 10 years total.

See

• Alaska Stat. §11.71.030 Web Search
• Alaska Stat. §12.55.125(d) Web Search
• Alaska Stat. §12.55.035(b)(3) Web Search

If charged with misconduct involving a controlled substance in the fourth degree due to the crime occurring within 500 feet of a school or youth center then the defendant may raise the affirmative defense that all the activity took place within a private residence. This defense does not prevent a lesser charge from being brought.

See

• Alaska Stat. §12.71.040(b) Web Search

While Alaska does recognize medical affirmative defenses for possession of marijuana, those defenses do not apply to hashish or concentrates.

See

• Alaska Stat. §12.71.090 Web Search

Paraphernalia

Alaska does not have any laws punishing the possession, sale, or manufacture of paraphernalia.

Sentencing

The court, after rendering judgment or within 60 days of doing so, may suspend imposition of a sentence or part of a sentence and place the offender on probation. For first time offenders, the court may suspend imposition of a sentence for up to 1 year or for the maximum duration of the sentence that may be imposed, whichever is greater, if it determines that it would be in the interest of justice.

See

• Alaska Stat. § 12.55.080 Web Search
• Alaska Stat. § 12.55.085 Web Search

For violations of the controlled substances chapter of Alaskan criminal law which involve the person's own use of the substance, they may be committed to the Department of Corrections for treatment for up to 1 year. This may be in place of fine or imprisonment, but only if the imprisonment would not have exceeded 1 year.

See

• Alaska Stat. § 11.71.305 Web Search

Presumptive terms of imprisonment increase for subsequent felony convictions.

See

• Alaska Stat. § 12.55.085(d)(3)-(4) Web Search

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Within 20 days of seizure of the property, the commissioner of public safety must notify all persons with an interest in the property. A person has 30 days to respond to this notice with a claim to the property.

See

• Alaska Stat. § 17.30.110 Web Search
• Alaska Stat. § 17.30.112 Web Search
• Alaska Stat. § 17.30.116 Web Search

Miscellaneous

Administrative revocation of license to drive for consumption or possession of alcohol or drugs

The department shall revoke the driver's license or permit, privilege to drive, or privilege to obtain a license of a person not yet 18 years of age for six months when notified of an informal adjustment and shall revoke the person's driver's license or permit... for an additional six months if informed of unsuccessful adjustment.

See

• Alaska Stat. § 28.15.176 Web Search
• Alaska Stat. § 47.12.060(b)(4) Web Search

Knowingly maintaining a structure used for drug offenses

It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

See

• Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 12.55.035 Web Search

Civil damages

When a person engages in action that causes civil damages while under the influence of a controlled substance and the intoxication contributed significantly to the damages, the person who sold or gave them the substance is strictly liable to him for the damages.

See

• Alaska Stat. § 09.65.205 Web Search

 

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

LEGALIZATION

This state has legalized marijuana for personal use.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section. 

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Alaska Marijuana Arrests

 

Alaska	2008	2009	2010	2011	2012	ARC
Possession	992	1,308	1,526	1,411	846	-3.9%
Sales	135	149	191	156	80	-12.30%
Total	1,127	1,457	1,717	1,567	926	-4.8%

ARC = Annual Rate of Change

Source: Federal Bureau of Investigation, Uniform Crime Reporting Program