Alaska Penalties for Heroin, Fentanyl, and Other Opioids

Alaska state law takes a stringent and comprehensive approach to managing controlled substances. This reflects the state's commitment to curbing drug abuse while balancing medical necessity.

This article examines drug regulations in Alaska. It explains how Alaska law categorizes controlled substances and the corresponding penalties associated with the possession and sale of these drugs. It focuses on laws and penalties related to opioids such as heroin and fentanyl.

For information about other drugs, see FindLaw's articles on Alaska's Marijuana Laws and Alaska's Cocaine Laws.

Opioid Epidemic in Alaska

The opioid crisis in the United States became a public health challenge across the United States. In Alaska, from 2010 to 2017, the state recorded 623 deaths caused by opioid overdose. Opioid-related deaths peaked in 2017, with 100 deaths in that year alone. The costs of hospitalization for opioid abuse were also significant, surpassing $23 million.

To combat increasing heroin and opioid misuse in Alaska, the Advisory Board on Alcoholism and Drug Abuse (ABADA) and the Alaska Mental Health Trust Authority started the Alaska Opioid Policy Task Force (AOPTF). In 2016, they established the task force, made of representatives from public systems affected by misuse of opioids. The group developed an important recommendation that has since guided the strategies of Alaska on opioid response.

From 2017 to 2018, the opioid response in Alaska greatly improved the communication between state agencies. This improved collaboration boosted the capacity of the state to tackle opioid drug abuse.

Understanding Alaska's Drug Schedules

Alaska categorizes drugs into six schedules, ranging from IA to VIA. Learning about this classification will help you understand the legal implications of drug crimes in the state.

The dangers posed by different controlled substances determine their classification in the drug schedule. The classifications are regardless of their medical use or health benefits.

For instance, doctors often use fentanyl in childbirth as a potent analgesic. They also use it to manage terminal illness pain. But, despite the medical use of fentanyl, the law considers it a synthetic opioid with a high risk of fatal drug overdose and addiction. This made the drug fall under Schedule IA along with other opiates.

Drug offenses also vary in severity depending on the type of controlled substance and what a person does with it. For example, selling heroin to a minor is an unclassified felony. But, possession of cocaine for personal use is a misdemeanor.

Understanding the drug schedules is essential. The schedule directly affects law enforcement and the penalties for drug-related offenses.

Alaska Drug Classifications

Alaska statutes categorize controlled substances into six classifications called schedules. They range from IA to VIA. They classify these drugs based on the potential risk of substance abuse and the dangers posed by the drug.

Schedule IA:

• Synthetic and non-synthetic opiates
• Heroin
• Oxycodone
• Fentanyl
• Gamma hydroxybutyric acid (GHB)

Schedule IIA:

• Peyote
• Magic mushrooms (psilocybin)
• PCP (phencyclidine)
• Ecstasy/Molly (MDMA)
• Methamphetamine
• Adderall (amphetamine)
• Amobarbital
• Pentobarbital
• Cocaine

Schedule IIIA:

• Didrex (benzphetamine)
• Glutethimide
• Sulfonmethane
• Telazol/Zoletil (tiletamine and zolazepam)

Schedule IVA:

• Valium (diazepam)
• Ativan (lorazepam)
• Xanax
• Ketamine

Schedule VA:

• Medicinal products and anabolic steroids contain small amounts of codeine or other types of narcotics mixed with nonnarcotic active ingredients.

Schedule VIA:

• Marijuana

For more details, see Alaska statutes 11.71.140 to 11.71.190.

What Are the Penalties for Possession of Controlled Substances in Alaska?

In Alaska, the laws combine the offenses related to the sale, possession, and manufacture of illegal drugs into one crime. This crime is "misconduct involving controlled substances." The following are the corresponding penalties for possession of a controlled substance:

• Class C felony for possession of any amount of controlled substance in Schedule IA, such as heroin and fentanyl. The sentence range for this felony is up to two years, with a maximum imprisonment of five years.
• Class A misdemeanor for possession of any amount of schedule IA, IIA, IIIA, IVA, or VA controlled substance without prescription. The imprisonment for this misdemeanor is up to one year.

Note that Alaska statutes also distinguish between possession with intent to distribute and simple possession of controlled substance. Consult a drug crime lawyer near you to learn more about the corresponding penalty for these crimes.

What Are the Penalties for the Sale of Controlled Substances in Alaska?

In the context of controlled substances, the term "sale" includes any act of dispensing, delivering, distributing, or transferring control or ownership of the controlled substance unlawfully. The definition does not only cover direct sales for money. It also includes gifts, barter, or any transfer without a license or valid prescription.

The following chart covers the penalties for sale of controlled substances in Alaska:

Substance Use Disorder and Mental Health Rehabilitation

In the state of Alaska, there are various drug treatment and rehabilitation options across multiple communities. The following are the steps for Medication Assisted Treatment (MAT):

Step 1

Detox or withdrawal management. For people struggling with intense drug addiction. They may need to undergo supervised withdrawal (detox) before they begin their treatment. The detox or withdrawal may last for three to five days.

Assessment intake. For others with untreated drug addiction, drug treatment and rehabilitation often starts with evaluation. They assess the most appropriate approach for treatment depending on the person. The assessment intake may take one to two weeks.

Step 2

Residential treatment. This treatment offers heavy support to those starting drug treatment recovery. This often takes anywhere between four weeks and six months.

Step 3

Transitional residences. These offer a supportive and secure environment for people in the initial stages of recovery. The length of time it takes to complete this stage varies.

Step 4

Outpatient care. This allows people to stay home and perform normal activities while undergoing treatment. The length of outpatient care also varies.

Step 5

Ongoing recovery support. Recovery support groups, such as peer support and self-help groups, help with ongoing recovery. Being in safe housing and joining employment programs are also crucial at this stage.

Recent Legislation in Alaska Related to Controlled Substances

Alaska passed House Bill 66 in April 2024. This bill increases the penalty for those who distribute fentanyl, methamphetamine, and other opioids. The bill also increases the penalties for those who distribute a wide range of controlled substances to minors and people who are mentally incapacitated.

The bill comes because of the surge in overdose deaths caused by fentanyl. According to the Alaska Health Department, fentanyl overdose caused 145 recorded deaths in 2021. This has increased by over 400% in the past four years.

Seek Legal Advice

If you find yourself facing legal challenges related to controlled substances, talk to a criminal law attorney. They can guide you and help you understand state and federal laws related to drug-related crimes.

Criminal law attorneys with experience in drug-related offenses also understand the specifics of drug schedules and their penalties. They can help you protect your rights. You do not have to go through this legal challenge alone.

Contact a criminal law attorney near you for the guidance and support you need. FindLaw offers a directory of drug crime lawyers available statewide including Anchorage, Alaska, and Juneau.