Alaska Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

Except for medical use, individuals under the age of 21 are not permitted to possess, transport, or use marijuana in Alaska. Under Alaska law, only individuals above the age of 21 may possess, cultivate, transport, or use up to 1 ounce of recreational marijuana. The state has various penalties in place to discourage the sale, transfer, or access to marijuana establishments for individuals under the age of 21.

• Per Alaska Statutes Section 17.38.50, an individual under 21 years who falsely identifies themselves with a marijuana establishment verbally or uses a false ID to gain access to a marijuana establishment or purchase marijuana can be charged with a misdemeanor. This offense is punishable by a fine of up to $400.

• Per recreational marijuana laws, the sale of marijuana to individuals under the age of 19 is a felony punishable by 10 years in prison and a fine of up to $100,000.

Where is it Legal to Smoke Weed in Alaska?

Alaska prohibits the smoking of marijuana in certain places. Per Alaska Statutes 2020, there are certain restrictions on where individuals may smoke marijuana in the state. It is illegal for anyone in Alaska to smoke weed in the following places:

• Public view. Alaska forbids smoking weed in public. Persons who violate this regulation risk fines of up to $100

• Designated non-smoking areas

• Enclosed but public areas such as a bus, a sports venue, a public arena, or a bus terminal

• Government offices

• Public health facilities

• Within 500ft of school grounds

• Correctional facilities

• Within 500ft of youth recreational centers

• Shared apartment buildings

Marijuana remains illegal under federal law. Hence smoking it on any federal lands or properties in Alaska is a crime punishable under federal law.

Can I Leave Alaska with Cannabis?

No. The United States Code Section 844, Title 21 criminalizes the possession and attempts to transport marijuana across state lines. Hence, marijuana purchased legally in Alaska cannot be moved out of the state's boundaries. As a Schedule I Controlled Substance, the United States Constitution empowers the federal government to prosecute individuals caught crossing state boundaries with cannabis.

Under federal law, an individual guilty of possession of small quantities of marijuana may be charged with a misdemeanor for a first-time offense. This is punishable by a fine of up to $1,000. For a second-time offense, the penalties increase to a fine of $2,500 and a prison sentence between 15 days and two years. Subsequent offenses come with a compulsory jail time of between 90 days and three years and a fine of up to $5,000.

Marijuana sales on any federal property or across state lines come with different penalties based on the amount of marijuana sold. The penalties may range from 5 years jail time and a $250,000 fine to life imprisonment and between $4m to $10m fine.

Will Cannabis Affect My Driving Record in Alaska?

Yes, it will. The THC compound in marijuana impairs judgment, motor coordination and slows down an individual's reaction time. Studies have shown that drivers with a high level of THC in their blood are 3 to 7 times more likely to crash their motor vehicles. Therefore, individuals who use marijuana before driving may have their licenses suspended for traffic violations. Insurance companies also tend to charge higher premiums for insurance on marijuana users and even higher for individuals charged with DUIs.

Penalties for individuals who drive under the influence of marijuana in Alaska often vary based on past offenses and convictions. Per Alaska laws, the following penalties await individuals caught driving under the influence of marijuana:

• For first-time offenders, penalties include fines of up to $1,500, not less than 72 hours jail time, 90-day license suspension, and mandatory ignition interlock device.

• Second-time offenders face penalties of up to $3,000 fines, not less than 20 days in jail, and 1-year license revocation.

• Third-time offenders face penalties of up to $4,000 fines, minimum of 60 days in jail, and 3-year license revocation. Third-time offenders with previous felony convictions could face fines of up to $10,000, at least 120 days in jail, and permanent license revocation.

• Fourth-time offenders face penalties of up to $10,000 fines, prison time of not less than 120 days, and 5-year license revocation. Fourth-time offenders who have felonies convictions may have their licenses revoked permanently and risk up to 240 days in jail

• Fifth-time offenders will face penalties of up to 360 days in jail and a minimum fine of $7,000. If the offender has previously been convicted for felonies, they face fines of up to $10,000 and a minimum of one year in prison.

Other penalties such as restitution for the cost of emergency services and vehicle forfeiture may be imposed on offenders. In Alaska, DUIs convictions have adverse impacts on offenders' driving records.

Can I Get a DUI if I Drive While I am High?

Yes. Alaska has strict DUI laws. Individuals may face severe penalties for driving under the influence of marijuana. Similar to alcohol, marijuana may impair a person's ability to drive safely and interfere with their concentration, perception, coordination, memory, and reflexes. When high, it could be difficult to judge the level of impairment, and driving under the influence of marijuana increases the chances of getting into an accident.

In Alaska, there are no specified limits to the amount of marijuana constituting a DUI like alcohol. However, the decision to charge for a DUI is left to law enforcement. A law enforcement officer may stop and arrest an individual on suspicion of drug use. They look out for a suspect's pupil dilations, impaired speech and may conduct a roadside sobriety test to determine if the driver is intoxicated.

Can I Buy Marijuana in Alaska?

Yes, residents 21 years and older can legally purchase marijuana from any marijuana retail establishment in the state. In Alaska, all marijuana purchases are cash-based. Consumers must present their government-issued ID when purchasing marijuana for recreational purposes or a medical marijuana card for medical marijuana. Before the passage of the recreational use marijuana laws, there were no legal ways of purchasing medical marijuana. Medical marijuana purchases for individuals under the age of 18 must be made by a designated caregiver who can be a parent, guardian, or any individual 21 years and older who has been nominated as a designated caregiver.

Where Can I Buy Marijuana in Alaska?

Under Alaska Recreational Marijuana Laws, adults 21 years and older can buy and consume cannabis from state-licensed retailers and establishments. Individuals can buy up to 1 ounce of marijuana, 7 grams of cannabis concentrate, or total cannabis containing less than 5.6 grams of THC. Individuals who want to consume cannabis on-site are limited to purchasing no more than 1 gram with a maximum of 10 milligrams of THC per transaction. Onsite consumption is only permitted in stores with approved onsite consumption permits.

In Alaska, cannabis buyers must present a valid state ID as proof of age, and all transactions are cash based. Consumers are not subject to sales or use taxes on cannabis purchases, but cultivators pay a $50 per-ounce (28.35gram) tax when they sell to manufacturers or dispensaries. There are currently no dispensaries that sell strictly medical cannabis. As a result, patients and caregivers must buy marijuana from licensed retail outlets. Patients under the age of 21 are required to have a caregiver purchase cannabis products on their behalf. Alaska also prohibits the delivery of cannabis products to consumers.

How Much Is Marijuana in Alaska?

The price of marijuana in Alaska varies. However, two major factors generally affect the cost of marijuana in the state. These are the strain and quality of marijuana.

For instance, based on the quality, the marijuana prices per ounce vary significantly. Below is a list of major towns and cities in Alaska and the respective weed price range.

How Much Cannabis Can I Legally Have?

Alaska has legal limits to the quantity of marijuana that individuals can possess. Adults 21 years and older cannot carry more than 1 ounce of marijuana or six marijuana plants for personal use in public. State laws limit an individual's possession of marijuana concentrates to not more than 7 grams. Also, no individual can carry more than 5,600 milligrams of total THC products in public. Residents may possess up to 4 ounces of marijuana at home, and state laws also allow an individual to grow up to 25 marijuana plants at home.

Where is Weed Legal?