Alaska Marijuana Laws

Legal marijuana possession in the state of Alaska can be a bit confusing.

Marijuana is legal in Alaska for medical and recreational users, with some restrictions. When discussing marijuana, understand that laws often call it cannabis, as marijuana comes from the cannabis plant.

It's legal for Alaskans over 21 to grow up to six marijuana plants and possess up to 1 ounce/28 grams of cannabis and recreational or medical cannabis products. Things get murky when it comes to how much you can have at your home.

Penalties for marijuana offenses in Alaska can be stiff, so knowing what's legal can help you stay out of trouble. In this article, we'll examine Alaska's cannabis laws and what you need to know. We will talk about excise taxes and cultivation. And no discussion of marijuana and Alaska would be complete without reference to the Alaska Supreme Court ruling of Ravin v. State (1975).

Read on for a comprehensive understanding of marijuana laws in Alaska.

Alaska Marijuana Laws: How They Work

The Alaska Alcohol and Marijuana Control Office (AMCO) oversees the marijuana use and industry. The Alaska Department of Health offers information, forms, and statistics.

About legalized cannabis in Alaska, there's a lot to process. Let's dive in.

Purchase and Possession of Marijuana in Alaska

First, the basics. Adults 21 years of age and older can buy and possess up to 1 ounce/28 grams of cannabis flower, 0.25 ounces/7 grams of concentrated cannabis, or 0.1975 ounces/5,600 milligrams of THC (tetrahydrocannabinol)-infused cannabis products.

The different types of marijuana products available include:

• Cannabis flower/buds
• Pre-rolled joints
• Edibles (10 milligram THC cap per serving)
• Marijuana concentrates
• Vaping cartridges and oils
• Topicals

It's legal to purchase or have any combination of the types above as long as you stay below the 1-ounce/28-gram limit.

Keep in mind that while Alaska considers marijuana a less dangerous Schedule VIA drug under state law, this differs from federal law. As of May 2024, cannabis is still a Schedule I drug in the Controlled Substances Act (CSA). This means possession is not legal on federal lands such as national parks, courtrooms, and military bases. Although a federal rule change may be in the works, be sure you know the law before taking any chances.

As of May 2024, Alaska has a $50 per ounce marijuana tax. The amount gets reduced for flawed buds and trim. House Bill 119 (HB 119) seeks to change the tax to a 7% state excise sales tax for marijuana purchases. In June 2024, the bill was in the Senate Finance Committee.

In Alaska, the law bans public consumption of marijuana. The penalty for public use is a civil violation fine of up to $100. Marijuana smoking is forbidden wherever tobacco smoking is prohibited. Medical and recreational users must consume marijuana on private property.

There's an exception to the public consumption law. Onsite consumption is legal in approved state-registered dispensaries and retail marijuana stores. The area must be secured and have proper ventilation. Users can only consume smokable flower and edibles onsite, and they must buy all cannabis at the dispensary.

Possession in public of more than 1 ounce/28 grams can be either a misdemeanor or a felony based on the amount. Any private sale of marijuana in Alaska is a crime. Adults over 21 can share or gift up to an ounce of marijuana with another legal adult as long as there is no remuneration (payment).

Recreational use of marijuana became legal after voters approved Measure 2 in 2014, and lawmakers in Juneau passed AS 17.38. While Alaska was early to legalize recreational cannabis, the state still hasn't passed an expungement policy for possession of small amounts of marijuana convictions.

Personal Marijuana Cultivation in Alaska

Adults over 21 can cultivate and process up to six cannabis plants at their residences, with a maximum of three mature plants at any one time. If there are two or more adults of age in the same private home, the limit rises to 12 plants, with six mature. The product produced is for personal use and not for sale. It does not count against the one-ounce possession limit as long as it's in the home.

All plants must grow in a locked enclosure out of public view. Violations can result in a $750 fine.

Registered caregivers can cultivate and process cannabis plants for their patients. This includes patients under 21 who need caregivers for the purchase of medical marijuana.

Medical Marijuana Laws in Alaska

Voters approved medical marijuana use by Measure 8 in 1998. It became law in 1999 through Senate Bill 94 (SB 94). To be eligible to get a medical marijuana card, a patient must have the original of the physician's statement that affirms they are suffering from one or more of the following qualifying conditions:

• Multiple sclerosis (MS)
• Glaucoma
• Epilepsy
• Cancer
• Seizures
• HIV/AIDS
• Cachexia
• Severe pain
• Severe nausea
• Persistent muscle spasms
• Other conditions approved by the Department of Health and Social Services

The physician's statement is part of the medical marijuana registry application packet. Send the statement, the completed application, and a check for $25 to the Bureau of Vital Statistics.

Ravin v. State (1975)

Any discussion of Alaska marijuana laws that didn't include the Ravin v. State decision would seem incomplete. In 1975, an attorney in Anchorage, Alaska, sought to challenge the state's marijuana possession law. He set himself up for a minor traffic infraction and refused to sign the ticket, leading to his arrest. In his pocket, he had a small amount of marijuana. Once in court on the marijuana charge, he claimed that the privacy provisions of the Alaska Constitution permitted his possession. He wanted the charges dismissed. The Alaska Supreme Court agreed with his privacy claim, the first time a government had defended the right to possess marijuana.

In 1990, a ballot initiative recriminalized marijuana. In 1998, voters approved limited use of medical marijuana via Ballot Measure 8. But, non-medical adult use remained illegal.

Then, in a case involving a marijuana possession conviction for home-grown marijuana, the Alaska Court of Appeals returned to the holding of the Ravin court. In Noy v. State (2003), the Court of Appeals ruled that the 1990 ballot law that criminalized possession of any amount of marijuana violated the state's constitutional right to privacy. The court concluded that the marijuana possession law must permit the adult possession or use of up to four ounces of marijuana in the home.

In 2006, Alaska lawmakers recriminalized the possession of over one ounce of marijuana, making the offense a misdemeanor.

This has left the amount of marijuana that people can have in a home in a somewhat murky, gray area of Alaska law. It is not legal under the Alaska Statutes to possess between one and four ounces of cannabis in one's home (aside from cannabis processed from personal cultivation). Still, the Alaska Constitution also protects such possession.

It should go without saying that if you find yourself charged with a possession offense for under four ounces, consider speaking with an Alaska drug crimes attorney.

Alaska Marijuana Offenses and Penalties

Operating a motor vehicle while impaired by cannabis is a DUI in Alaska. You don't have to submit to a chemical test unless there is a serious injury. Providing marijuana to an underage person and public use also remain crimes.

The table below includes a detailed summary of the offenses and penalties under Alaska marijuana law, which you can use to recap what you've learned.

Note: State laws are subject to change through the passage of new legislation and rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an Alaska criminal defense attorney or conduct independent legal research to verify the status of any Alaska state law you are reviewing.

Alaska Marijuana Laws: Related Resources

• Alaska Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
• Medical Marijuana: An Overview
• Marijuana Legalization and Decriminalization
• Cannabis Law

Facing Marijuana Charges in Alaska? Speak to an Attorney

Alaska has legalized marijuana, but there are still laws in place to punish offenders. Severe penalties can upend your life and threaten your future. If facing criminal charges under Alaska's cannabis laws, speak with an experienced criminal law attorney. They can examine your case, give you legal advice on your options, and represent you.