Alaska Laws and Penalties

• Conditional Release
• Drugged Driving
• Legalization
• Medical Marijuana

Offense	Penalty	Incarceration	Max. Fine
Possession
Personal Use
1 oz or less	None	None	$ 0
1 - 4 oz in your residence*	Not classified	N/A	$ 0
1 - less than 4 oz	Misdemeanor	1 year	$ 10,000
4 oz or more	Felony	5 years	$ 50,000
Any amount within 500 feet of school grounds or rec. center**	Felony	5 years	$ 50,000
Public consumption	Violation	None	$ 100
With Intent to Distribute
Less than 1 oz	Misdemeanor	1 year	$ 10,000
1 oz or more	Felony	5 years	$ 50,000
* Based on an Alaskan Supreme Court decision, possession in the home for personal use is protected conduct by the right-to-privacy provision in their state constitution.
** 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	$ 50,000
To a person under 19 who is 3 years or more younger than the seller.	Felony	10 years	$ 100,000
Cultivation
Up to 6 plants (no more than 3 mature)	None	None	$ 0
Up to 12 plants in a single dwelling (no more than 6 mature)	None	None	$ 0
6 - 25 plants in your residence*	Not classified	N/A	$ 0
25 plants 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
* Based on an Alaskan Supreme Court decision, possession in the home for personal use is protected conduct by the right-to-privacy provision in their state constitution.
Hashish & Hashish Oil
Possession of any amount	Misdemeanor	0 - 1 year	$ 25,000
Possession of any amount within 500 feet of school grounds or rec center	Felony	5 years	$ 50,000
Delivery, manufacture, or possessing with intent to distribute any amount	Felony	10 years	$ 100,000
Retail Sales
Retail marijuana stores may sell to one person per day a limited quantity of marijuana products. See Penalty Details for more information.

Penalty Details

Possession for Personal Use

Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Sharing or gifting 1 ounce or less, or 6 plants or less for personal use to persons at least 21 years of age is also permitted, however the consumption of cannabis in public remains an offense and is punishable by a fine of up to $100.

• Alaska Stat. § 17.38.020
• Alaska Stat. § 17.38.040

Possession of 1 to less than 4 ounces is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000. 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.

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.

• Alaska Stat. § 11.71.040
• Alaska Stat. § 12.55.035
• Alaska Stat. § 12.55.125(d), (e)

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.

• Alaska Stat. § 11.71.050(a)(1)
• Alaska Stat. § 12.55.035
• Alaska Stat. § 12.55.135(a)

Sale/Delivery

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to deliver with compensation less than 1 ounce of marijuana. Delivery with 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.

• Alaska Stat. § 11.71.050(a)(1)
• Alaska Stat. § 12.55.035
• Alaska Stat. § 12.55.135(a)
• Alaska Stat. § 11.71.040(a)(2)
• Alaska Stat. § 12.55.035(4)
• Alaska Stat. § 12.55.125(e)
• Alaska Stat. § 11.71.030(2)
• Alaska Stat. § 12.55.035(3)
• Alaska Stat. § § 12.55.125(d)

Cultivation

Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Up to 12 plants (6 or fewer mature) is allowed in a single dwelling (regardless of number of persons living there).

Cultivation shall be in a location where plants are not subject to public view without use of binoculars, aircraft, or other optical aids. One must take reasonable precautions to ensure the plants are secure from unauthorized access.

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.

Selling marijuana plants to a person under 19 who is three years or more younger than the seller is a felony with a maximum sentence of 10 years imprisonment and a fine of $100,000

• Alaska Stat. § 17.38.020(2)
• Alaska Stat. § 11.71.030(2)
• Alaska Stat. § 12.55.035(3)
• Alaska Stat. § 12.55.125(d)

Hashish & Hashish Oil

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

Possessing any amount of hashish or hashish oil is a misdemeanor punishable by a fine of up to $25,000 and a sentence of up to 1 year.

Possessing hashish or hashish oil within 500 feet of school grounds or recreational center (residential caveat) is a felony conviction punishable by a fine of up to $50,000 and a sentence of 5 years.

Delivering, manufacturing, or possessing hashish or hashish oil with the intent to deliver is a felony punishable by a fine of up to $100,000 and a sentence of 10 years.

• Alaska Stat. § 11.71.050(4)
• Alaska Stat. § 12.55.035
• Alaska Stat. § 12.55.135(a)
• Alaska Stat. § 11.71.404(4)
• Alaska Stat. § 12.55.035(4)
• Alaska Stat. § 12.55.125(e)
• Alaska Stat. § 11.71.030(2)
• Alaska Stat. § 12.55.035(23)
• Alaska Stat. § 12.55.125(d)

Civil Asset Forfeiture

Providing that “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” was repealed effective July 9, 2021.

A person is “subject to” revocation for individuals at least 13 but under 21 if they
are convicted or adjudicated a delinquent minor for misconduct involving a controlled substance.

• Alaska Stat. § 28.15.176
• Alaska Stat. § 28.15.185

Retail Sales

Retail marijuana stores may sell to one person per day up to: one ounce of usable marijuana; seven grams of marijuana concentrate for inhalation; or 5,600 miligrams of THC in combined sales of marijuana or marijuana products.

Personal possession of these amounts/forms is not explicitly permitted under the code, though the ability to purchase would indicate that possession is also legal.

More Information