Cannabis is legal for medical and recreational purposes in the state of Alaska.

The passage of the Alaska Medical Marijuana Initiative in 1998 made it one of the first states to legalize the use of medical marijuana, while the most recent effort to legalize recreational cannabis was approved in 2014.

Although cannabis is fully legal in Alaska, public consumption and driving under the influence of marijuana is illegal.

Marijuana Laws in Alaska

Marijuana is legal for both medical and recreational use in Alaska. Each program is comprised of distinct regulations consumers should be familiar with.

Medical Cannabis Laws

Alaska’s medical marijuana program allows those with a recommendation from an approved healthcare provider to possess up to 1 ounce of cannabis and cultivate up to six plants (including a maximum of three mature plants). Patients under 18 must be assigned a designated caregiver to purchase and supervise the use of medical marijuana.

Although Alaska has no statewide sales tax, local jurisdictions can impose a general sales tax on marijuana and marijuana products. There is no sales tax on cannabis for medical purposes, whereas recreational users may pay anywhere from 5%–10%, depending on the county. Cannabis taxation generates millions of dollars annually, allocated to state recidivism reduction programs, marijuana education and drug treatment services, and general government funding.

Recreational Marijuana Laws

In 1975, the Alaska Supreme Court became the first — and only — federal ruling body to declare a constitutional right to privacy that protected the use and possession of small amounts of cannabis. In 1990, however, Alaskans voted to recriminalize cannabis, which imposed a $1,000 fine and a penalty of up to 90 days in jail for simple possession. After numerous unsuccessful attempts, a revised voter initiative to legalize, tax, and regulate adult-use cannabis was passed in 2014.

Adults at least 21 years of age can possess up to 1 ounce of cannabis outside of their residences and cultivate up to six marijuana plants (with a maximum of three mature plants) within their private residences. Penalties for violating Alaska’s cannabis laws may range from a misdemeanor to a felony based on the nature of the crime.

While cannabis, including CBD, is legal in Alaska, the possession of certain hemp-derived psychoactive compounds and THC isomers is not. Banned substances include:

• Delta-8
• Delta-10
• HHC
• THC-O
• Hashish
• Hashish oil

What to Know About About Medical Cannabis in Alaska

Federal law classifies cannabis as a prohibited Schedule I drug. Without federal approval, rules governing medical and recreational use vary from state to state. Alaska has developed a nuanced set of rules and regulations to encourage safe, responsible medical marijuana use.

Certain Conditions Qualify for Medical Cannabis

The following is a list of qualifying conditions for medical marijuana in Alaska:

• AIDS/HIV
• Cachexia
• Cancer
• Chronic pain
• Glaucoma
• Multiple sclerosis
• Muscle spasms
• Nausea
• Seizures
• Any additional conditions approved by the Department of Health and Social Services

Alaska Does Not Accept Out-of-state Medical Cards

Although Alaska does not accept out-of-state medical cannabis cards, nonresidents 21 and older may purchase adult-use cannabis with a valid government-issued ID in the state. These purchases may be subject to sales tax.

Several other states, however, practice full reciprocity and will recognize a valid Alaskan medical marijuana card. The following states accept or recognize all out-of-state medical marijuana cards:

• Arizona
• Arkansas *
• California ^
• Colorado ^
• Connecticut ^
• Delaware ^
• Guam
• Hawaii *
• Illinois ^
• Maine
• Maryland ^ (as of July 2023)
• Massachusetts
• Michigan (qualifying state must also have reciprocity with Michigan)
• Missouri ^
• Montana
• Nevada
• New Hampshire
• New Jersey *
• New Mexico * (recreational cannabis is legal in NM)
• New York ^
• Oklahoma *
• Oregon ^
• Pennsylvania (minors only)
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah (max. 45 days, after which the patient must apply for a Utah MMJ card)
• Vermont ^
• Virginia ^
• Washington ^
• Washington D.C.

States marked with * require visitors to complete a visiting patient application for the duration of their stay.

States marked with ^ have adult use programs but do not accept out-of-state cards.

Telemedicine Is Allowed

Telehealth services for medical marijuana certification are legal in Alaska. While Leafwell is currently unavailable in the state, our medical marijuana services are coming soon! Join our waitlist to be the first to know when we go live.

There Are No Employment Protections for Cardholders

There are no laws in Alaska requiring employers to accommodate medical marijuana patients specifically. The law prohibits discrimination by schools, landlords, and employers, as well as discrimination regarding organ transplants, other medical care, and custody or visitation unless an exception applies.

Can You Grow Cannabis In Alaska?

Yes, you can grow cannabis in Alaska. Medical and recreational consumers can cultivate six marijuana plants, with a maximum of three mature plants within a private residence.

The Bottom Line

Marijuana (including CBD) is legal for medical and recreational use in Alaska, while psychoactive, hemp-derived cannabinoids such as delta-8 and delta-10 are not. Although many rules governing legal medical and recreational use overlap, there are key differences that cannabis consumers should familiarize themselves with. Check in with your local cannabis regulatory board to stay up to date with the ever-changing regulatory landscape in your state.