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| Marijuana Laws in Alaska | |||
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| POSSESSION | Offense | Incarceration | Fine |
| 1 oz or less in your residence or home | no penalty | N/A | N/A |
| 1 oz to 4 oz | misdemeanor | 90 days | $1,000 |
| More than 4 oz, or 25 or more plants | felony | 5 years | $50,000 |
| Any amount within 500 feet of school grounds or rec. center* | 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 CULTIVATION | |||
| Sale less than 1 oz | misdemeanor | 1 year | $5,000 |
| 1 oz or more | felony | 5 years | $50,000 |
| MISCELLANEOUS | |||
| Maintaining any structure or dwelling for keeping and distributing marijuana | felony | 5 years | $50,000 |
| DETAILS | Offense | Incarceration | Fine |
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Possession of one ounce or less of marijuana in the privacy of the home is legal. The status of possessing an amount between one ounce and four ounces is unclear, pending clarification by the courts. Possession of 4 ounces or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000. Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is "Misconduct involving a controlled substance in the fourth degree" and is punishable by a fine of up to $50,000 or five years in prison. Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000. Sale, delivery or manufactureof marijuana of less than one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000. It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana. Maintaining any structure or dwelling, including vehicles, to use for keeping and distributing marijuana, is a felony offense and punishable by up to five years in prison and a fine of up to $50,000. |
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Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation. 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. |
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