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Legal Status of Marijuana in Alaska

Is Marijuana Legal in Alaska?

Yes. Cannabis is legal in Alaska for both recreational and medicinal use.*

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Legal Status of Marijuana in Alaska

In Alaska, adults 21 years of age or older are legally permitted to possess up to one ounce of marijuana and grow up to six marijuana plants (with no more than three mature) for non-commercial purposes. Sharing or gifting up to 1 ounce, or up to 6 plants for personal use, to persons at least 21 years of age is also allowed. However, public consumption of cannabis is prohibited and can result in a fine of up to $100.

Here are some specific points:

1. Possession of 1 to less than 4 ounces of marijuana is a Class A misdemeanor, punishable by up to 1 year in prison and/or a fine up to $10,000. However, if the possession was for personal use and occurred within the individual’s private residence, there is no penalty due to the right-to-privacy provision in the state constitution.

2. Possession of 4 or more ounces of marijuana is a class C felony, punishable by up to 5 years in prison and/or a fine up to $50,000.

3. 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 in prison and/or a fine up to $50,000. However, it is an affirmative defense if the violation occurred entirely within a private residence.

4. Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated. Unlicensed sales remain subject to criminal penalties.

It's important for consumers to purchase marijuana from state-licensed retail stores and to consume it privately, not in public spaces. Additionally, while growing marijuana for personal use is permitted, the plants must not be visible to the public without the use of visual aids and must be secured from unauthorized access.*

Legal Status of Delta-8 in Alaska

Legal Status of Delta-9 in Alaska

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Statutory References:

  • Alaska Statutes Title 17. Chapter 38. The Regulation of Marijuana (specifically, AS 17.38)
  • Alaska Marijuana Control Board

This summary is not legal advice. It is provided for information purposes only and reflects our understanding of the law after an extensive search into the state statutes as of October 2023 but laws are subject to change. Always consult with a legal professional or the appropriate governmental agencies for the most current information.

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