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|
Incarceration |
Fine |
| Possession |
| Less than 4 oz in your residence or home |
no penalty |
N/A |
N/A |
| Less than 8 oz |
misdemeanor |
90 days |
$1,000 |
| 8 oz to 1 lb |
misdemeanor |
1 year |
$5,000 |
| 1 lb or more, or more than 25 plants |
felony |
5 years |
$50,000 |
| Any amount within 500 feet of school grounds or rec. center* |
felony |
5 years |
$50,000 |
|
* If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence. |
| Sale or Cultivation |
| Sale less than 1/2 ounce |
misdemeanor |
1 year |
$5,000 |
| 1/2 oz to 1 oz |
misdemeanor |
1 year |
$5,000 |
| 1 oz or more |
felony |
5 years |
$50,000 |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Maintaining any structure or dwelling for keeping and distributing marijuana |
felony |
5 years |
$50,000 |
|
|
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Possession of marijuana is a criminal offense. Possession of less than 8 ounces of marijuana is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000. Possession of less than one pound of marijuana is also a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. Possession of one pound or more of marijuana 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.
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.
Sale of marijuana of less than one-half ounce and sale, delivery or manufacture of an amount from one-half ounce up to one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000.
It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana.
Maintaining any structure or dwelling, including vehicles, to use for keeping and distributing marijuana, is a felony offense and punishable by up to five years in prison and a fine of up to $50,000.
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Decriminalization:
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small
amount for personal consumption. The conduct is treated like a minor
traffic violation.
Medical marijuana:
This state has medical marijuana laws
enacted. Modern research suggests that cannabis is a valuable aid in the treatment
of a wide range of clinical applications. These include pain relief, nausea,
spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite
stimulant and emerging research suggests that marijuana's medicinal properties
may protect the body against some types of malignant tumors, and are neuroprotective.
* Data provided by NORML
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