Each state has specific laws governing the criminal procedure and restrictions regarding the use, sale and possession of marijuana. This page contains information regarding the marijuana laws in Alaska. Although federal mandateshttp://www.justice.gov/dea/pubs/csa/812.htm do not recognize marijuana for recreational or medicinal use according to the Controlled Substances Act (CSA) (21 U.S.C. ยง 811), http://www.safeaccessnow.org/article.php?id=2638 several states have passed legislation related to marijuana. For example, Alaska marijuana laws have decriminalized the possession of under one ounce, meaning that personal possession of this amount is not punishable under Alaska law. The sale of marijuana is illegal according to current law. Punishments for these violations include fines up to $50,000 and up to 5 years of imprisonment. http://norml.org/index.cfm?Group_ID=4522
Fourteen states, including Alaska, have enacted state laws pertaining to the medicinal possession and distribution of marijuana. Residents who qualify may apply for medical marijuana cards by completing the required steps such as a written recommendation from a physician, obtaining and completing an application from the Alaska Division of Public Healthhttp://www.hss.state.ak.us/dph/bvs/marijuana.htm, and paying a $25 non refundable fee. http://www.mahalo.com/how-to-get-a-medical-marijuana-prescription-in-alaska
Alaska Marijuana Law Background
The history of marijuana legislation in Alaska dates back to 1975 when the law reduced the penalty for possession of any amount of marijuana to a civil charge carrying a fine of no more than $100. Public possession, possession or use by a minor, and possession while operating a vehicle was deemed a misdemeanor charge and carried a fine up to $1000. Sale of marijuana remained a felony.http://www.regulatemarijuanainalaska.org/history/penalty_reduction.html Eleven days later the Alaska Supreme Court ruled that while protection of a citizen's privacy still held legitimate, the possession of amounts that indicated the intent to sell, shall not be protected.http://www.regulatemarijuanainalaska.org/history/ravin.html
Alaska Marijuana Laws timeline
- 1982 - Criminalization of marijuana 4 or more ounceshttp://www.regulatemarijuanainalaska.org/history/revision.html
- 1990 - Laws revised to criminalize all amounts of marijuana.http://cannabisnews.com/news/21/thread21471.shtml
- 1999 - Senate bill passes and enacted to require patients to register for medical marijuana card, and legal protection under the act.http://www.norml.org/index.cfm?Group_ID=4522&wtm_view=medical
- 2003 - The Alaska Court of Appeals decided that the privacy rights guaranteed by the Alaska State Constitution could not be compromised by this legislation. http://cannabisnews.com/news/21/thread21471.shtml
- 2004 - The Alaska Supreme Court set the legal possession limit to 4 ounces.http://cannabisnews.com/news/21/thread21471.shtml
- 2006 - Superior Court Judge Patricia Collins ruled that in consideration of the law passed in 1975, a lower court could not overturn the original decision to allow small amounts of marijuana in one's home for personal use. She limited the amount to 1 ounce our less, and this judgement holds as the current law to date.http://seattletimes.nwsource.com/html/localnews/2003118645_webpot10.html
Disclaimer
Marijuana is still illegal under federal law, although it is legalized for medical use in fourteen states. The content in this page is for informational purposes only and not a substitute for professional medical or legal advice. Please do not think that just because it is legal in your state that you can freely smoke. You must have a medical card that allows you to smoke Marijuana.
