Alaska Law: Personal Use

These are the rules:

Just like liquor, adults 21 and over can possess, consume, and purchase products from a licensed retail marijuana store. All recreational products must be consumed in Alaska.

The most you can possess at any one time is:

  • One ounce (28 grams) of marijuana
  • Marijuana-related paraphernalia

Is it Recreational or Medical Marijuana:

Medical marijuana has been legal in Alaska since 1998. With the passage of Measure 2, how does that affect the state’s MMJ system?
The short answer is, there’s no effect.

Alaska’s MMJ laws do not allow for dispensaries, so no worries about having two separate retail store systems (medical and recreational) there.

Alaska’s MMJ laws also allow for possession of up to one ounce of “usable” marijuana- same as recreational law.

There is a stipulation in Measure 2 that says “nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana patient or medical marijuana caregiver.”

So basically, everything MMJ should proceed as usual, and likely with fewer hitches than in states that have separate rules and stores for medical patients and recreational users.


Buying Weed

You’re 21 years old and want some pot. Where can you buy weed in Alaska?

Licensed recreational stores are the only outlets that may sell marijuana in Alaska. BE SURE YOU KNOW WHO IS LICENSED TO SELL, because if they are not LICENSED it is illegal to sell marijuana. LUCKY for you we at Remedy Shoppe were the 1st in State to be issued a State of Alaska Licensed Marijuana Retail Store.

Don’t think about trying to bring weed into Alaska, even from states that have legalized recreational sales – this is still transporting marijuana across state lines, which is a felony.

It is Illegal to cross any border with marijuana, keep in mind this is for passing State borders and internationally into Canada.


Where can you smoke weed in Alaska?

It’s legal to use cannabis products in Alaska if you are…

  • On private property
  • Outside the view of the general public
  • Onsite consumption at this moment is legal but in Alaska as of 4/20/20 nobody has gone through final inspection for it to be legal.

You can’t smoke marijuana

  • In public
  • On federal land, which includes:
    • National parks
    • Federal courthouses
    • National monuments
    • Military bases
  • On some Indian reservations

Lieutenant Governor Byron Mallott released an emergency regulation defining “in public.” You can read the whole thing here. The gist of it is that “‘in public’ means a place to which the public or a substantial group of persons has access.”

This includes:

  • Highways
  • Transportation facilities (bus stations, etc.)
  • Schools
  • Parks
  • Playgrounds
  • Prisons
  • Businesses
  • Hallways, lobbies, and other communal areas in hotels or apartments

If caught smoking marijuana in a banned place (except on federal land, which has its own laws), you won’t go to jail. You’ll be asked to stop your consumption and may get a ticket with a fine of up to $100 under the proposed law, but that’s it.


Police Enforcement

Driving High

Measure 2 specifically states it makes no changes to Alaska impaired driving laws, which already contained a provision for drugged driving.

So what is driving high in Alaska?

There is no “magic number” for the THC content in your blood that officially qualifies as drugged driving, as in Colorado and Washington. Instead, it is simply a crime to drive “while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination.” Simply put, it’s best to never drive after consuming marijuana, no matter how little.

How an officer can stop you

Penalties for a first offense include:

  • A fine of up to $1,500
  • No less than 72 hours of jail time
  • Your license suspended for 90 days
  • Mandatory ignition interlock device

Read Alaska’s laws on drugged driving courtesy of NORML.

Other Legal Information

Possession of more than 1 ounce for personal use:

  • 1-4 ounces is a misdemeanor with up to 1 year in jail and a $10,000 fine
  • 4 ounces or more is a felony with up to 5 years in jail and a $50,000 fine

Any amount within 500 feet of school grounds or a recreation center is also a felony with up to 5 years in jail and a $50,000 fine.


Possession with intent to distribute

Less than 1 ounces is a misdemeanor with a maximum 1 year in jail and a $10,000 fine. 1 ounce or more is a felony with up to 5 years in jail and a $50,000 fine. Of course, this law will change when retail stores open, and people can gift up to 1 ounce to anyone 21 and older without compensation.