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Alaska Recreational Marijuana & Medical Marijuana Laws

Discover Alaska's current medical marijuana laws, recreational marijuana laws and CBD use laws.

Are you curious about Alaska recreational marijuana and medical marijuana law and the penalties for breaking them in Alaska? This page also covers the laws regarding CBD, CBD gummies, CBD carts or cartridges, CBD vapes and CBD balms and lotions in Alaska. Here are other ways you may have found this page on Alaska marijuana and CBD laws:
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Alaska marijuana laws

Alaska was the second state in the United States to decriminalize cannabis after President Richard Nixon passed the Comprehensive Drug Abuse Prevention and Control Act in 1971. In 1975, the state legislature imposed a $100 fine for possession, effectively decriminalizing the plant while he stopped legitimizing it.

Alaska law on medical marijuana

In 1975, the Alaska Supreme Court ruled in Raven v. State to decriminalize marijuana possession and cultivation. The state decriminalized and decriminalized again. Then, in 1998, voters passed Measure 8, Alaska Medical Marijuana Initiative, allowing patients to possess and consume cannabis legally, making it the second state in the country to do so after California. Legislation related to Alaska’s medical marijuana program can be found in Alaska Code No. 17, Chapter 37. Parameters for a medical marijuana program are also set out in SB 94, titled “Act Relating to the Medical Use of Marijuana; Provide an Effective Date.” Currently, cardholders (patients and caregivers) can obtain, purchase, and grow medical marijuana, own up to one ounce, and grow six plants at home. Medicinal defense can be used in higher possession cases, but this only applies to the cannabis flower and not its concentrated forms.

Alaska law on recreational marijuana

After several failed attempts, voters passed Ballot 2 in 2014, creating a framework for a recreational market for sales of cannabis to adults 21 and older. It came into operation in February 2015 and began recreational sales in 2016. Two main sets of laws govern the recreational marijuana system: Alaska Code 17 Chapter 38 “Regulating Marijuana,” and Section 3 of the Alaska Administrative Code Chapter 306: Regulating the Marijuana Industry. Currently, dispensary-friendly customers or patients can purchase and possess up to 1 ounce of flowers, and up to six plants are allowed to be grown in the home with no more than three flowering plants at a time. Possession of up to 4 ounces goes without penalty if it is for personal use and remains in the owner’s home. Otherwise, this will result in a first-degree misdemeanor, up to one year in prison, and a fine of up to $10,000. If there is possession with intent to distribute, these penalties apply even to amounts less than 1 ounce.

Alaska Law on the Use of CBD Oils

The Hemp Cultivation Act of 2018 effectively legalized hemp and its natural derivatives and extracts, which include CBD. It sounds straightforward, but it can get a little vague. For example, CBD products are only legal if they come from industrial hemp. This classification is for cannabinoids that meet specific criteria, such as containing less than 0.3% THC on a dry weight basis. Any CBD product made from a hemp strain with more than that trace amount of THC is illegal, regardless of the THC content in the final product. The final product should also contain less than 0.3% THC.

Alaska Marijuana Penalties

Possession of more than an ounce (but less than four ounces) for personal use Possession of more than an ounce of marijuana outside your home is a crime. Felony marijuana possession carries a sentence of up to one year in prison and a $10,000 fine. Growing 25 or more marijuana plants Growing 25 or more marijuana plants is an offense punishable by up to five years in prison and a $1,000 fine. Sale to Person under 19: (Any Amount) Selling marijuana to someone under 19 and at least three years younger than the seller is a felony punishable by up to 10 years in prison and a $100,000 fine. Selling less than an ounce (without a marijuana handler’s permit) Selling less than an ounce of marijuana without a valid license to handle marijuana is a misdemeanor up to one year in prison and a $10,000 fine.

Alaska Marijuana Laws in relation to the US Federal Government

As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This means that Alaska has a lot of freedom to set and enforce their own marijuana laws and CBD policies.

Alaska Law and other US States

Alaska's marijuana and CBD laws and penalties are unique to Alaska. Other U.S. States will have different policies regarding their medical marijuana laws, recreational marijuana laws and their laws on the usage of CBD. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.

The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.

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