On February 24, 2015 recreational use of Marijuana will be legal in the State of Alaska under certain regulations. "Know Your Grow" aims to inform citizens and visitors of the Municipality of Anchorage of what they can and cannot do with marijuana within the municipality. It is still illegal to buy or sell marijuana in the Municipality of Anchorage. The State of Alaska and the Municipality of Anchorage will continue to develop laws and regulations on the production, sale, and use of marijuana. Please check this website for regulation updates.
Municipal Ordinances Regarding Marijuana
No Public Use
On January 27, 2015 the Anchorage Assembly passed Ordinance No. AO 2015-7, an ordinance amending Anchorage Municipal Code Chapter 8.35 with a new section to prohibit the consumption of marijuana in a public place; and amending the Minor Offense Fine Schedule at AMC Section 8.05.025A. As a result of this ordinance, it is unlawful to consume marijuana in public within the Municipality of Anchorage. A person who violates this section is guilty of a violation punishable by a fine of $100. The ordinance further defines a public place as "a place to which the public or a substantial group of persons has access and includes, but is not limited to, streets, highways, sidewalks, alleys, transportation facilities, parking areas, convention centers, sports arenas, schools, places of business or amusement, shopping centers, malls, parks, playgrounds, prisons, and hallways, lobbies, doorways and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence."
Unlawful Marijuana Extraction Process
On February 24, 2015 the Anchorage Assembly passed an ordinance at special meeting regarding the butane hash oil extraction process of marijuana. Under 8.35.350 (Prohibited Acts Regarding Marijuana) it is unlawful for any person to manufacture a marijuana concentrate hashish, or hash oil by use of solvents containing compressed flammable gases or through use of a solvent-based extraction method using a substance other than vegetable glycerin, unless the person is validly licensed and permitted in accordance with statute, regulation, or ordinance.
For the purpose of this section, Manufacture means the preparation, compounding, conversion, or processing of marijuana, hashish, or hash oil, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by combination of extraction and chemical synthesis, and includes any packaging or repacking of the marijuana, hashish, or hash oil, or labeling or relabeling of its container.It includes the organizing or supervising of the manufacturing process. It does not include the legally authorized planting, growing, cultivating, or harvesting of a plant. Marijuana concentrate means any product which, through manufacture, contains THC. Common names and types of product include “shatter,” butane or CO2 hash oil, “ring pots,” butter, hash, hashish, keif, oil, or wax.
Any marijuana as defined in AS 17.38.900, equipment, material, product, package or container possessed, used or intended to be used, or produced in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after their use for evidentiary purposes is no longer required, including in accordance with chapter 7.25.Violation of this section is a class A misdemeanor.
State Marijuana Regulations
Must be 21 to Use or Possess Marijuana
It will continue to be a criminal offense for persons under 21 years of age to possess any amount of marijuana following the effective date of AS 17.38 on February 24, 2015. It is legal to share and possess one ounce of marijuana with those who are 21 years of age.
Driving Under the Influence of Marijuana
Marijuana will continue to be a controlled substance following the effective date of the initiative. Therefore, it will still be a crime under AS 28.35.030 to drive a motor vehicle while under the influence of any controlled substance, inhalant, alcoholic beverage, or any combination of those substances. In the Municipality of Anchorage, this offense would be cited under 9.28.020.
Possessing and Growing Marijuana at my Residence
AS 17.38.020 specifies it will be lawful to possess marijuana harvested from up to six plants (three or fewer being mature, flowering plants) on the private premises where the plants were grown.
Property Owner's Rights
Under state law a person, employer, school, hospital, recreation or youth center, correction facility, corporation or any other entity who occupies, owns or controls private property may prohibit or otherwise regulate the possession, consumption, use, display, transfer, distribution, sale, transportation or growing of marijuana on or in that property. Persons who violate the policy are subject to prosecution for the misdemeanor offense of criminal trespass in violation of AS 11.46.330. In the Municipality of Anchorage, this offense would be cited under 8.45.010.
For additional information on State Marijuana Regulations, please visit the Department of Commerce, Community and Economic Development's Frequently Asked Questions webpage.