Alaska

Legislation History

The Alaska Marijuana Legalization Initiative (Measure 2) was approved by 53 percent of voters on November 4, 2014. The law allows adults ages 21 and older to cultivate, possess, use, and transport specific amounts of cannabis for personal use. Measure 2 also legalizes the manufacture, sale and possession of cannabis paraphernalia, such as smoking and storage devices. Measure 2 was the third attempt to legalize recreational adult-use cannabis; the first two attempts in 2000 and 2004 were voted down.

Additionally, voters in 1998 approved the Alaska Medical Marijuana Initiative (Measure 8), by a 58 percent vote.

Overview

Following voter approval of Measure 2, the Alcohol and Marijuana Control Office (AMCO) established the Marijuana Control Board (MCB) as the regulatory authority for rulemaking and governance of Alaska’s cannabis program.

Where is it Safe to Purchase?

Under Measure 2, adults over 21 are able to purchase and consume cannabis from state-licensed retailers and establishments with a valid onsite consumption endorsement. They are able to purchase up to one ounce (1 oz.), or 28.35 grams, of usable cannabis. Adults looking to consume onsite are limited to purchase one (1) gram, or 0.035 ounce, or less per transaction.

 

There are currently no dispensaries offering specifically medical cannabis for purchase therefore patients and caregivers should purchase marijuana at licensed recreational retailers.

 

Consumers are not subject to any sales or use tax on cannabis purchases.

Where is it Safe to Consume?

Public cannabis consumption is prohibited throughout the state. Legal consumption must only occur on private property or onsite in an establishment with a valid onsite consumption endorsement. Designated caregivers cannot consume any cannabis or products intended for patient’s use, however they may consume their own supply for personal use.

 

It is illegal to consume and drive under the influence of any amount of cannabis.

Possession

Legal consumers may possess one ounce (1 oz.) of any form of marijuana. They may also transfer, but not sell, up to one ounce of marijuana and six (6) immature plants to a person who is 21 years of age or older.

 

Adults and patients may individually grow, process, and transport up to six (6) immature marijuana plants with three or fewer being mature, flowering plants. They can also possess marijuana produced by plants at home. However, a single dwelling cannot have more than 12 marijuana plants present, with six or fewer being mature, flowering plants, regardless of how many adults over 21 years old resides there and the cultivation site  must not be subject to public view without the use of binoculars, aircrafts, or other optical aids.

 

The Alaska Marine Highway System prohibits the transport of cannabis on Alaska Ferries, and it is illegal to transport marijuana out of state, even to another state where it is legal.

 

Consumers may carry cannabis in their vehicles, but it must be in a sealed container or in the trunk.

 

How Old Do I Need
to Be to Consume?
21+
Recreational
18+
Medical
Possession Limit
for Flower
1oz
Recreational
1oz
Medical
Possession Limit
for Concentrates
1oz
Recreational
1oz
Medical

Medical Marijuana Registry

Adult patients with a qualifying condition who wish to be added to the Medical Marijuana Registry must fill out and submit an application packet to the Alaska Bureau of Vital Statistics. To become a registered medical marijuana card holder, patients must meet certain requirements to obtain approval. If denied, you cannot apply again for 6 months. Applicants must renew registration annually.

 

A minor patient must provide a statement from his or her parent or guardian that a doctor has explained the risks and benefits of marijuana, that the parent or guardian consents to serve as the primary caregiver for the minor patient, and to monitor the minor’s use of marijuana. 

 

Patients may designate a primary and an alternative caregiver when applying for the program. Caregivers may also be medical marijuana patients.

Qualifying Conditions

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Cachexia (wasting syndrome)
  • Chronic or severe pain
  • Severe nausea
  • Seizures, including those characteristic of epilepsy
  • Persistent muscle spasms
  • Multiple sclerosis

Subject to the approval of the Alaska Department of Health and Social Services, other conditions may be added at any time.

Application Process

  1. Submit the original copy of the application
  2. Obtain and submit a signed form of the physician’s statement stating that the patient has been diagnosed with any of the qualifying debilitating medical conditions listed below
  3. Submit a photocopy of the Alaska driver’s license or Identification Card of the patient and caregivers.
  4. Pay a $25 registration fee for original card, or $20 for timely renewal

Caregiver Requirements

  • Caregivers must be at least 21 years of age and be a permanent resident of Alaska
  • Caregivers must be listed by the patient as either the primary caregiver or an alternate caregiver
  • A person may be a primary caregiver or alternate caregiver for only one patient at a time, unless the primary caregiver or alternate caregiver is simultaneously caring for two or more patients who are related to the caregiver by at least the fourth degree of kinship by blood or marriage
  • The caregiver can never have been convicted of a felony controlled substance offense

Lab Testing

Alaska laws require that all cannabis offered for sale in licensed stores be tested by state-licensed testing facilities.

 

Certified Labs must test for the following:

  • Cannabinoid analysis (THC, THCA, CBD, CBDA, CBN)
  • Bacterial screening
  • Mold screening

 

This page was last updated on June 19, 2018.