Alaska Marijuana Laws

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.

Possession for Personal Use

Use or display of any amount or possession of less than 1 ounce of marijuana is a class B misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $2,000. 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. It is class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to possess 1 ounce or more but less than 4 ounces of marijuana. However, if the 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.

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.

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.

Sale/Delivery

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.

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.

Cultivation

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.

Hash & Concentrates

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

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.

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.

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.

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.

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.

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

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.

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.

Presumptive terms of imprisonment increase for subsequent felony convictions.

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.

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 unsuccesful adjustment.

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.

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.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

Personal Use

Less than 4 oz in your residence not classified N/A $ 0
Less than 1 oz misdemeanor 90 days $ 2,000
1 – 4 oz misdemeanor 1 year $ 1,000
4 oz or more felony 5 years $ 50,000
Any amount within 500 feet of school grounds or rec. center* not classified 5 years $ 50,000

*If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.

With Intent to Distribute

Less than 1 oz misdemeanor 1 year $ 10,000
1 oz or more felony 5 years $ 50,000

*If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.

Sale or Delivery

Less than 1 oz misdemeanor 1 year $ 10,000
1 oz or more felony 5 years $ 1,000
To a person under 19 who is 3 years or more younger than the seller. felony 10 years $ 100,000

Cultivation

Less than 25 plants in residence not classified N/A $ 0
1 oz or more felony 5 years $ 1,000
To a person under 19 who is 3 years or more younger than the seller. felony 10 years $ 100,000

Hash & Concentrates

Possession of 3g or less misdemeanor 0 – 1 year $ 10,000
Possession of more than 3g felony 0 – 2 years $ 50,000
Delivery, manufacture, or possessing with intent to distribut of any amount felony 1 – 3 years $ 100,000

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous (license suspensions, civil damages, etc…)

Offense within owned structure felony 5 years $ 500,000

Administrative revocation of license to drive for consumption or possession

Potential liability if sold or gifted

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