Alaska's First Cannabis Retail Store

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Alaska Law:  Personal Use

These are the rules:

Just like liquor, adults 21 and over can possess, consume, and purchase products from a licensed retail marijuana store.
All recreational products must be consumed in Alaska.

​The most you can possess at any one time is:

One ounce (28 grams) of marijuana
Marijuana-related paraphernalia

A Word About Medical Marijuana:

Medical marijuana has been legal in Alaska since 1998. With the passage of Measure 2, how does that affect the state’s MMJ system?

The short answer is, there’s no effect.

Alaska’s MMJ laws do not allow for dispensaries, so no worries about having two separate retail store systems (medical and recreational) there.
Alaska’s MMJ laws also allow for possession of up to one ounce of “usable” marijuana- same as recreational law.

There is a stipulation in Measure 2 that says “nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana patient or medical marijuana caregiver.”

So basically, everything MMJ should proceed as usual, and likely with fewer hitches than in states that have separate rules and stores for medical patients and recreational users.

Buying Weed:

You’re 21 years old and want some pot. Where can you buy weed in Alaska?

Licensed recreational stores are the only outlets that may sell marijuana in Alaska.  BE SURE YOU KNOW WHO IS LICENSED TO SELL, because if they are not LICENSED it is illegal to sell marijuana. LUCKY for you we at Remedy Shoppe were the 1st in State to be issued a State of Alaska Licensed Marijuana Retail Store.

However, it is legal for friends to gift you weed without compensation – yes up to 1 ounce.

Don’t think about trying to bring weed into Alaska, even from states that have legalized recreational sales – this is still transporting marijuana across state lines, which is a felony.

Consumption:

Where can you smoke weed in Alaska?

It’s legal to use cannabis products in Alaska if you are…

On private property
Outside the view of the general public

You can’t smoke marijuana:

In public
On federal land, which includes

National parks
Federal courthouses
National monuments
Military bases

On some Indian reservations

Lieutenant Governor Byron Mallott released an emergency regulation defining “in public.” You can read the whole thing here. The gist of it is that “‘in public’ means a place to which the public or a substantial group of persons has access.” This includes:

Highways
Transportation facilities (bus stations, etc.)
Schools
Parks
Playgrounds
Prisons
Businesses
Hallways, lobbies, and other communal areas in hotels or apartments

If caught smoking marijuana in a banned place (except on federal land, which has its own laws), you won’t go to jail. You’ll be asked to stop your consumption and may get a ticket with a fine of up to $100 under the proposed law, but that’s it.

Police Enforcement:

Driving High

Measure 2 specifically states it makes no changes to Alaska impaired driving laws, which already contained a provision for drugged driving.

So what is driving high in Alaska?

There is no “magic number” for the THC content in your blood that officially qualifies as drugged driving, as in Colorado and Washington.
Instead, it is simply a crime to drive “while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination.”
With laws so murky, it’s best to never drive after consuming marijuana, no matter how little.

How an officer can stop you:

Penalties for a first offense include:

A fine of up to $1,500
No less than 72 hours of jail time
Your license suspended for 90 days
Mandatory ignition interlock device

Read Alaska’s laws on drugged driving courtesy of NORML.

Other Legal Information

Possession of more than 1 ounce for personal use:

1-4 ounces is a misdemeanor with up to 1 year in jail and a $10,000 fine.
4 ounces or more is a felony with up to 5 years in jail and a $50,000 fine.
Any amount within 500 feet of school grounds or a recreation center is also a felony with up to 5 years in jail and a $50,000 fine.

Possession with intent to distribute:

Less than 1 ounces is a misdemeanor with a maximum 1 year in jail and a $10,000 fine.
1 ounce or more is a felony with up to 5 years in jail and a $50,000 fine.
Of course, this law will change when retail stores open, and people can gift up to 1 ounce to anyone 21 and older without compensation.

Cultivation:

Measure 2 allows for up to 6 plants (no more than 3 mature), but that Alaskan Supreme Court decision for right-to-privacy does not classify 6-25 plants as a criminal offense – so really, you can up to 25 plants in your residence for personal use.
25 plants or more is a felony with up to 5 years in jail and a $1,000 fine.