Alaska Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Alaska?

Although marijuana is legal for recreational and medical use in Alaska, it remains a Schedule VIA controlled substance as stipulated in Section 11.71.190(b) of the Alaska Statutes. Cannabis possession with intent to distribute refers to the transportation, manufacture, or delivery of marijuana products with the aim of transferring them to other entities or individuals. On the other hand, simple marijuana possession means carrying or holding marijuana products unlawfully. According to Section 17.38.020 of the Alaska Statutes, it is legal for adults 21 years or older to possess or transport 1 ounce or less of marijuana products and cultivate up to six marijuana plants, with a maximum of three being mature. If two or more adults 21 years or older reside together, they may grow or possess a maximum of 12 cannabis plants in their house. Also, Section 17.37.040 of the Alaska Statutes allows registered medical marijuana patients to possess up to 1 ounce of cannabis products and six cannabis plants.

Carrying or cultivating more than the allowable quantity of cannabis products or plants is prohibited under Alaska law. Offenders could be charged with marijuana possession if caught and risk facing severe penalties, depending on the amounts of cannabis products recovered from them. For example, Section 17.38.030(b) of the Alaska Statutes states that persons cultivating more than six cannabis plants or over 12 marijuana plants in residences occupied by two or more adults are guilty of violations. They could face fines of up to $750. Alaska Statutes impose more severe penalties on offenders charged with marijuana possession or possession with intent to distribute around specific areas. Per Section 17.71.040 of the Alaska Statutes, possession of 1 ounce or more of a Schedule VIA controlled substance (such as cannabis) on a school bus or within 500 feet of a school or youth center is a class-C felony. An offender could face five years imprisonment, up to $50,000 in fines, or both. According to Section 11.71.050 of the Alaska Statutes, carrying over 1 ounce but less than 4 ounces of cannabis products is a class-A misdemeanor punishable by one-year imprisonment, a $10,000 fine, or both. An offender carrying 4 ounces or more of cannabis in Alaska could face up to five years imprisonment, a $50,000 fine, or both.

As stated in Section 17.38.020(3) of the Alaska Statutes, adults 21 years and older can distribute or transfer 1 ounce or less of marijuana products and up to six immature cannabis plants to other eligible adults without remuneration. Although Alaska imposes serious penalties for simple cannabis possession, the state’s punishments for marijuana possession with intent to distribute are more severe. A cannabis possession charge may change to possession with intent to distribute if evidence suggests that an offender intended to distribute over 1 ounce of cannabis products or six immature marijuana plants. A prosecutor may use evidence such as the presence of large sums of cash or the possession of firearms when trying to prove marijuana possession with intent to distribute.

Can You Enter a Dispensary at 18 in Alaska?

No. Only adults 21 years or older can enter marijuana dispensaries in Alaska.

Can You Enter a Dispensary Without a Card in Alaska?

According to Section 17.38.190 of the Alaska Statutes, recreational cannabis users purchasing marijuana products at retail stores must present government-issued identifications to enable sellers to verify their ages. Eligible adults (persons 21 years or older) do not need special registration cards when purchasing marijuana products. To protect consumers’ privacy, cannabis dispensaries do not record customers’ personal information during transactions. Medical marijuana patients in Alaska must show their registry identification cards and government-issued photo identification when purchasing marijuana products from dispensaries in the state.

What Are the Penalties for Possession With Intent To Distribute First Offense in Alaska?

Per Section 11.71.040 of the Alaska Statutes, the manufacture or possession of marijuana products with intent to distribute within 500 feet of a school or youth recreational center or on a school bus is misconduct involving a controlled substance in the fourth degree. An offender is guilty of a class-C felony punishable by up to five years imprisonment, a $50,000 fine, or both. If an offender possesses 1 ounce or more of marijuana with intent to distribute, they are guilty of misconduct involving a controlled substance in the fourth degree. This offense is a class-C felony punishable by a $50,000 fine, five years imprisonment, or both. Section 11.71.050 of the Alaska Statutes stipulates that an offender is guilty of misconduct involving a controlled substance in the fifth degree if they possess less than 1 ounce of marijuana with intent to distribute for compensation. Such an offense is a class-A misdemeanor punishable by up to $10,000 in fines, one-year maximum imprisonment, or both.

Alaska’s laws do not impose life sentences on offenders charged with marijuana possession with intent to distribute. However, at the federal level, the possession of marijuana with intent to distribute is punishable by life imprisonment and $1,000,000 in fines if the amount of cannabis products recovered from an offender is over 1,000 kilograms or 1,000 cannabis plants. Even if offenders are caught with smaller amounts of marijuana products, they could still face harsh punishments federally. For instance, Title 21, Section 641 of the United States Code stipulates that carrying less than 50 kilograms of cannabis products or 50 marijuana plants is punishable by up to five years imprisonment and a $250,000 fine. For 50 to 99 kilograms of cannabis products or 50 to 99 marijuana plants, the federal penalties increase to 20 years imprisonment and $1,000,000 fines (for individuals) or $5,000,000 fines (for organizations). Furthermore, the possession of 100 to 999 kilograms of marijuana products or between 100 and 999 cannabis plants carries a penalty of five to 40 years imprisonment and a $2,000,000 to $5,000,000 fine federally.

Is It Legal To Sell Weed in Alaska?

Yes. Marijuana sale means deliberately offering cannabis products in exchange for money or any other form of payment. Section 17.38.020(3) of the Alaska Statutes allows adults 21 years and older to give out cannabis products to other adults without payment. If a receiver offers money or goods for the products, such a transaction is prohibited under Alaska law. On November 4, 2014, Alaska approved Measure 2 (an Act to tax and regulate the production, sale, and use of marijuana). This law legalized recreational marijuana in the state and directed the Marijuana Control Board under the Alaska Alcohol and Marijuana Control Office (AMCO) to regulate the state’s cannabis industry. According to Section 17.38.070 of the Alaska Statutes, registered cannabis retail facilities can sell cannabis products to adults 21 years and older. Also, as stipulated in Section 17.37.010 of the Alaska Statutes, medical marijuana patients with valid registry identification cards can legally purchase cannabis products from medical marijuana dispensaries.

How To Sell to Dispensaries in Alaska?

According to Section 17.38.900 of the Alaska Statutes, recreational marijuana dispensaries may purchase cannabis supplies from licensed cultivation facilities and product manufacturing facilities for sale to consumers 21 years and older. In order to sell cannabis products to recreational marijuana dispensaries in Alaska, individuals and business entities must obtain cultivation facility licenses or product manufacturing licenses from the state. Section 17.38.070 of the Alaska Statutes allows cannabis cultivators and processors to legally deliver marijuana products to dispensaries.

The legal cannabis industry helps divert profits from the unregulated marijuana market to the legitimate channel, which is highly monitored to ensure consumers get adequately tested products fit for human consumption. Individuals and business entities often search for opportunities to sell cannabis products to dispensaries due to the financial prospects of participating in the legal cannabis industry. Also, selling cannabis products to dispensaries helps create jobs for state residents. Due to the high demand for marijuana products, having sellers bring cannabis supplies to dispensaries helps maintain a stable supply.

How To Get a Distribution License in Alaska

Alaska does not issue cannabis distribution licenses, but the state provides other types of licenses that permit holders to conduct specific cannabis business operations, such as cultivation, manufacturing, and distribution activities. The provisions of Section 17.38.200 of the Alaska Statutes outline the state’s guidelines for acquiring marijuana establishment licenses, which enable individuals and business entities to distribute cannabis supplies to dispensaries. Applicants must submit copies of their premises diagrams, completed application forms, operation plans, local government notice affidavits, fingerprint cards, and application fees to the Alaska Alcohol and Marijuana Control Office (AMCO). The AMCO provides application instructions for marijuana establishment license applicants. The type of form required during application depends on the marijuana business operation an applicant wants to conduct.