Marijuana Possession Lawyer Alaska , Alaska Marijuana Arrest, Criminal Case Charged with Personal Use of Cannabis, Drugs, Alaska Laws

Marijuana Possession & Personal Use Penalties & Punishments in the State of Alaska
Possession	Severity of Crime	Incarceration	Fine
1 oz or less in your residence or home	no penalty	N/A	N/A
1 oz to 4 oz	misdemeanor	90 days	$1,000
More than 4 oz, or 25 or more plants	felony	5 years	$50,000
Any amount within 500 feet of school grounds or rec. center*	felony	5 years	$50,000

 

Possession of one ounce or less of marijuana in the privacy of the home is legal. The status of possessing an amount between one ounce and four ounces is unclear, pending clarification by the courts. Possession of 4 ounces or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000. Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000.

Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison.

 

Possession of Marijuana in Alaska : Alaska Criminal Code Section 11.71.040

11.71.040. Misconduct Involving a Controlled Substance in the Fourth Degree.

a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person
(3) possesses:

(F) one or more preparations, compounds, mixtures, or substances of an aggregate weight of four ounces or more containing a schedule VIA controlled substance; or

(G) 25 or more plants of the genus cannabis;

NOTE: Alaska Statute 11.71.190. Schedule VIA:
(a) A substance shall be placed in schedule VIA if it is found under AS 11.71.120 (c) to have the lowest degree of danger or probable danger to a person or the public.
(b) Marijuana is a schedule VIA controlled substance.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify state marijuana possession laws.

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