Alaska’s marijuana laws are different from those in other states. It is legal to possess up to an ounce of marijuana for personal use, and you can possess up to four ounces for personal use in your own home. But, beyond this, possessing marijuana is still a crime in Alaska. The Alaska Statutes establish separate offenses for sale, delivery, cultivation, and driving under the influence of marijuana as well, and these crimes carry severe penalties. If you have been charged with any type of marijuana crime, you need to discuss your case with an experienced criminal defense lawyer promptly.
What is Legal in Alaska?
Pursuant to Section 17.38.020 of the Alaska Statutes, it is also legal to:
What is Illegal in Alaska?
In addition to these crimes, it is also illegal to drive under the influence of marijuana in Alaska. Under Section 28.35.030 of the Alaska Statutes, driving under the influence of marijuana (or any other controlled substance) is subject to the same penalties as driving under the influence of alcohol. These penalties are determined based upon the defendant’s prior record (if any):
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 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
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.
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.