Alaska

1. Overview of Cannabis and Hemp Laws

Cannabis:
Recreational cannabis has been legal in Alaska since 2014, following the passage of Measure 2. This allows adults 21 and older to possess up to one ounce of cannabis and to cultivate up to six plants for personal use, with a limit of three mature plants. Alaska was an early adopter of medical cannabis in 1998, with dispensaries beginning operation in 2016, establishing Alaska as one of the first states with legal medical and recreational cannabis frameworks​.

Hemp Intoxicants:
Alaska prohibits hemp-derived intoxicants, including delta-8 THC. These products are classified as Schedule IIIA controlled substances under state law, making them illegal for production, sale, or possession within the state​.

2. Historical Context

• 1975: The Alaska Supreme Court ruled in Ravin v. State that privacy rights protected limited cannabis use in the home, one of the earliest legal recognitions of cannabis use rights in the U.S.
• 1990: Voters temporarily recriminalized cannabis through a ballot measure, but this was later overturned by the Noy v. State decision in 2003.
• 1998: Medical cannabis was legalized via Measure 8, allowing qualified patients to possess up to one ounce of cannabis and to cultivate up to six plants​.
• 2014: Voters approved Measure 2, legalizing recreational cannabis use and retail sales. The first dispensaries opened in 2016, contributing to Alaska’s established cannabis infrastructure​.

3. Recreational Cannabis Laws

• Possession Limits: Adults 21 and older may legally possess up to one ounce of cannabis and cultivate up to six plants, with a limit of three plants in the flowering stage.
• Cultivation: Home cultivation of up to six plants (three mature) is allowed for personal use.
• Public Use: Public consumption remains illegal and is subject to fines.
• Sale and Retail: Licensed dispensaries may sell cannabis products, with retail purchase limits generally set at one ounce per person, per day​.

4. Medical Cannabis Laws

• Patient Eligibility: Alaska’s medical cannabis program permits registered patients with qualifying conditions, such as chronic pain and cancer, to possess and use cannabis.
• Product Access: Patients can access cannabis products similar to those available in the recreational market, including flower, oils, and edibles.
• Program Details: Alaska’s medical cannabis program requires mandatory registration for patients and caregivers, with possession limits of one ounce and the same cultivation allowance of six plants​.

5. Hemp-Derived Intoxicants

• Regulatory Status: Alaska prohibits the production, sale, and possession of hemp-derived intoxicants, such as delta-8 THC, which are classified as Schedule IIIA controlled substances. As a result, these products are illegal statewide.

6. Criminal Penalties for Cannabis Offenses

• Possession: Adults may legally possess up to one ounce of cannabis. Possession of 1 to 4 ounces outside the home is classified as a misdemeanor, carrying penalties of up to 1 year in jail and a $10,000 fine. Possession of more than 4 ounces is a felony, punishable by up to 5 years of incarceration and a $50,000 fine​.
• Sale and Distribution: Selling one ounce or more is a felony, with penalties of up to 5 years in prison and a fine of up to $50,000. Selling to minors carries more severe penalties, with sentences up to 10 years and fines reaching $100,000​.
• Trafficking and Cultivation: Cultivating up to six plants is allowed for personal use. Cultivation of 25 or more plants may be prosecuted as a felony, carrying potential sentences of up to 5 years and fines of up to $100,000​.

7. Social Equity Programs

• Eligibility Criteria: Alaska does not currently offer a social equity program specifically for cannabis-related business opportunities or support.
• Licensing Benefits and Additional Support: No preferential licensing or financial assistance is available for communities affected by prior cannabis prohibition policies​.

8. Business Types and Operations

• Licensing Types: Alaska provides licenses for various cannabis business activities, including cultivation, manufacturing, retail, and testing facilities. All businesses must comply with strict state licensing standards.
• Regulatory Requirements: Licensed cannabis businesses in Alaska must adhere to stringent product testing, packaging, and labeling requirements to ensure consumer safety and THC content accuracy. The Alaska Alcohol and Marijuana Control Office oversees regulatory compliance, which includes security, reporting, and record-keeping standards​.