Chapter 17.38 of the Alaska Statutes states that personal cultivation of marijuana is permitted, provided that the person who grows marijuana must do so in a place where the general public cannot see the plants without the use of binoculars, other optical devices, or aircraft. Furthermore, the grower must take reasonable measures to keep the plants safe from unauthorized access and ensure that marijuana production is only permitted on property that the cultivator owns legally or with the approval of the property owner. In a single house, no more than 12 marijuana plants may be present, with six or fewer being mature, flowering plants, regardless of the number of people 21 years old or above living in the dwelling. Anyone who breaches these rules is subject to a fine of up to $750.
As for marijuana cultivation facilities, the Alaska Administrative Code Chapter 306, Section 306.405 allows them to cultivate, propagate, harvest, cure, prepare, store, package, and label marijuana. Standard cultivation facilities may only provide samples to a licensed marijuana testing facility for analysis and sell marijuana only to a licensed retail marijuana store, another licensed marijuana cultivation facility, or a licensed facility that manufactures marijuana products. They must start initial operations at the time of preliminary inspection by a board employee or agent with the following:
12 or fewer mature, non-flowering plants identified and utilized as mother plants
any number of immature plants
any number of seeds for cultivation on the permitted premises
No marijuana or marijuana product may be sold, distributed, or transferred to a consumer, with or without payment, by a licensed standard marijuana cultivation facility. Additionally, growing facilities are not permitted to allow anybody to consume marijuana on the licensed premises or within 20 feet of any building or outdoor cultivation facility in the licensed areas, not even a licensee, employee, or agent.
Section 306.430 states that any marijuana growing operations may be done indoors or outdoors. For indoor cultivation, it must be carried out in a greenhouse or a fully enclosed, secure indoor space with solid walls, a roof, and doors. On the other hand, outdoor cultivation can be implemented in non-rigid greenhouses or an open or cleared area that is completely enclosed by physical barriers provided that the local government does not prohibit it. Outdoor production must be enclosed by a sight-obscuring wall or fence that is at least six feet tall to hide the public's view of the location.
The State of Alaska also issues licenses for a limited marijuana cultivation facility, which has the same privileges and prohibitions set out for standard cultivation facilities (as mentioned above), except that less than 500 square feet must be used as cultivating area. The license fee for standard cultivation is $5,000, while the license fee for limited cultivation is $1,000.
The Alaska Alcohol and Marijuana Control Office (AMCO) Marijuana Control Board is a quasi-judicial entity that regulates the state's marijuana sales, manufacturing, and cultivation activities. This organization is responsible for overseeing and implementing Alaska's cannabis laws.
Marijuana manufacturing is legal in the Municipality of Anchorage, and the board issues two types of manufacturing facility licenses: a standard marijuana product manufacturing facility license and a marijuana concentrate manufacturing facility license.
A licensed marijuana product manufacturing facility is allowed to buy marijuana from another marijuana product manufacturing facility or a marijuana cultivation facility; extract marijuana concentrate; manufacture, cook, refine, process, package, store, and label marijuana products; and distribute, sell, or deliver marijuana extract or any marijuana product to a licensed retail marijuana dispensary or another licensed manufacturing facility. On the other hand, a licensed marijuana concentrate manufacturing facility is only allowed to manufacture, deliver, or sell marijuana concentrates.
Pursuant to Section 306.510 of the Alaska Administrative Code Chapter 306, any licensed marijuana manufacturing facilities are not allowed to manufacture or market any marijuana product that:
Is an adulterated food or drink;
Closely resembles a well-known food or drink item, including candy
Come in packaging that resembles candy or is decorated with cartoon characters, bright colors, or other images that are likely to appeal to children
Any extraction or manufacturing operations must be done in a restricted access area at a marijuana manufacturing site. A marijuana manufacturing facility must have complete video surveillance of the authorized premises, including every area where:
Marijuana concentrate is made
Any operation involved in making any product containing marijuana takes place
Marijuana waste is destroyed
Marijuana or a marijuana product is stored or stocked up
No marijuana or marijuana product may be sold, distributed, or transferred to a consumer, with or without payment, by any licensed marijuana manufacturing facility. Any space used to store marijuana or a marijuana-related product needs to be temperature-controlled and moisture-controlled, as well as pest-free and vermin-free.
An application form for a license for a marijuana production plant must be complied and submitted to the board along with the following details:
A copy of an active application for a necessary food safety permit from the Department of Environmental Conservation or a municipality with delegated authority
A diagram of the proposed licensed premises indicating the area where in-house testing will occur; where marijuana products, including marijuana concentrates, will be stored.
The applicant's operating plan consisting:
A detailed description of the equipment and gases, chemicals, solvents, and other compounds used to create concentrates and the chemical processes to be used
Every marijuana product the applicant intends to process, including the product description that includes the color, ingredients, shape, texture, and standard production procedure to be used
Sample labels demonstrating how the labeling information should be displayed
The packaging to be used for each type of product
The applicant's plan for waste disposal
The license fee for product manufacturing is $5,000, while the license fee for concentrate manufacturing is $1,000.
Yes, retail sales of marijuana are permitted in the Municipality of Anchorage. The approved marijuana product list was prepared by the Alcohol Marijuana Control Office (AMCO) to help the public distinguish between the various marijuana products made and sold by authorized marijuana businesses in the State of Alaska. Edibles, concentrates (oil, resin, wax), and topicals (lotion, ointment) are the allowed marijuana forms for sale.
A licensed retail marijuana store is permitted to sell marijuana obtained from a licensed marijuana cultivation facility to an individual on the licensed premises in allowed amounts. A retail marijuana store may only sell to one person per day the following amounts:
not exceeding one ounce of usable marijuana
not exceeding seven grams of marijuana concentrate (for inhalation) or
not exceeding 5,600 milligrams of THC in combined retail sales of marijuana and marijuana products
A marijuana establishment must not be situated within 500 feet of a school, a place where religious services are routinely held, a recreation or youth center, or a correctional facility.
A retail marijuana establishment must post the following notices in a prominent location visible to customers:
"Consumption of marijuana in public is strictly forbidden by law."
"Transport or carriage of marijuana on Alaska waterways, such as cruise ships, or via air carrier is prohibited by federal law."
"Transport or shipment of marijuana outside Alaska is prohibited by federal law."
"Providing marijuana to individuals below the age of 21 is banned by law."
The minimum size requirement for warning signs is 11 by 14 inches. Lettering must be at least one-half inch tall and contrast the backdrop color with its color.
Yes. In the Municipality of Anchorage, only deliveries of marijuana among establishments are allowed, while deliveries of marijuana to consumers are prohibited, even to those with medical marijuana ID.
According to Section 306.330, when marijuana from a marijuana cultivation facility and/or a marijuana product manufacturing facility is delivered or transferred to the authorized premises of a retail marijuana business, the retail marijuana store must immediately enter identification information for that lot or batch of marijuana into the marijuana inventory tracking system of the retail marijuana store. A retail marijuana outlet may refuse marijuana or marijuana products that do not have a valid transport manifest created by the marijuana inventory tracking system of the licensed facility that initiated the delivery.
At the end of each business day, a retail marijuana outlet must reconcile every transaction from its point-of-sale system and existing inventory to its marijuana inventory tracking system. Only a licensee, or an agent or employee of a licensee, may deliver marijuana to a licensed marijuana facility. There is no limit to the amount of marijuana that can be legally transported between licensed marijuana businesses.
The following must be submitted by a patient when applying for a medical marijuana registry ID card:
The applicant's name, address (both mailing and physical), date of birth, and driver's license or ID card number from Alaska
The patient's doctor's name, office address, and contact information
The primary caregiver's name and address, if one is specified at the time of application
The applicant's signature
Consents to be the primary caregiver for the minor
Gives the minor permission to use marijuana for medical purposes
The original, signed form of the doctor's statement stating that the patient has been certified or diagnosed with a debilitating medical condition and that the doctor believes the patient might benefit from using marijuana for medical purposes.
The application fee of $25
A debilitating medical condition is any of the following:
Glaucoma, a human immunodeficiency virus (HIV) positive status, acquired immune deficiency syndrome, cancer, or treatment for any of these diseases
Any chronic or debilitating disease that results in one or more of the following symptoms for a particular patient, and for which, in the expert opinion of the patient's doctor, such condition could reasonably be eased by the medical use of marijuana: severe pain, severe nausea, cachexia, seizures (including epilepsy), persistent muscle spasms (including multiple sclerosis)
Verify that all necessary information has been filled out on your application before mailing it. Your application will be rejected if it is incomplete, and you won't be able to resubmit for six months. Please make checks or money orders payable to the Bureau of Vital Statistics.
Send your application and payment to the following address:
Health Analytics and Vital Records
P.O. Box 1106 75
Juneau, AK 99811-0675
For inquiries, you may contact:
Alaska Department of Health and Social Services
3601 C St #902, Anchorage
Dial 907 269-7800 or 800-478-7778
According to the Alaska Department of Health and Social Services' 2020 report, Alaska is the first state to impose taxes based on weight as opposed to a percentage of sales value. Currently, the state charges a $50 per ounce tax for marijuana buds and flowers, a $25 per ounce tax for immature or abnormal buds and flowers, and a $15 per ounce tax for leaves and trim.
The report also states that revenues from taxes have increased steadily along with the total sales of marijuana goods. More than 17 tons of marijuana products with tax were sold between January and October 2019, bringing in more than $17 million in state taxes.
Taxes on marijuana production, which generate income for the state in a manner comparable to sales, saw a rapid rise from $0.23 million in October-December 2016 to $6.08 million in 2017, $15.70 million in 2018, and $17.89 million thus far (January-October) in 2019. Taxes are levied when marijuana is sold or transferred from a cultivation facility to a retail dispensary or a marijuana product manufacturing facility.
Furthermore, marijuana businesses have increased steadily in number. There were 102 retail locations in the state with marijuana sales licenses as of October 2019. There are businesses spread out across the state. Limits on the number of licenses granted to each person or entity by state marijuana regulators have not been established.
The State of Alaska approved recreational marijuana in 2015. Data gathered from the Anchorage Police Department in the FBI crime report showed a decrease in DUI cases from 2014, 2015, to 2016— from 1,080 to 1,041 and 1,013 arrests, respectively. Meanwhile, marijuana arrests in the Municipality of Anchorage decreased in 2014, 2015, and 2016— from 251 arrests to 119 and 118, respectively.