Alaska

Navigating Alaska State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Alaska.

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Alaska for adults 21 and older. Six total cannabis plants for medical or adult use are allowed but only three mature plants at any given time. Households with multiple adults 21 and older may have a total of twelve plants, with a total of six mature or flowering at one time. 

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Background on State Laws

Safe access to medical cannabis was first approved by Measure 8 in 1998. In June of 1999, Alaska lawmakers approved SB 94, which modified the law created by Measure 8 to require medical cannabis patients to register with the state health department and limited the amount of cannabis that they and their caregivers could legally possess. Under the law, legal protection was granted to those who enrolled in the state registry and possessed a valid identification card. Over the years, Alaska’s medical cannabis laws and regulations have continued to change to improve patient access to cannabis.

In more recent years, the medical program in Alaska has limited enrollment but cannabis is legal to all adults over 21. Alaska still does not recognize out-of-state medical cannabis cards.  Alaska is one of only a few states where the on-site consumption of cannabis has been made legal. Alaskan patients report high prices and feel dispensaries have failed to promote medical cannabis in favor of adult-use customers. A year after the Marijuana Control Board extended emergency COVID-19 measures like home delivery and curbside pickup, Alaska became one of the first states to make these measures permanent. Details on how these laws apply to patients and medical professionals can be found below.

Scoring Medical Cannabis Access in Alaska:

Here is a breakdown of how Alaska fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Alaska can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	47/100
Arrest Protection 25/25 Affirmative Defense 17/20 Parental Rights Protections 0/20 Employment Protections 0/20 DUI Protections 0/10 Explicit Privacy Standards 5/5
Access to Medicine	65/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 20/30 Reciprocity 0/20
Program Functionality	59/100
Legal Protections Within Reasonable Time Frame 14/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 7/10 Telemedicine for Physician Certifications 9/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 4/5 - Background Checks 1/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	44/100
Sales Tax Break for Patients and Caregivers 12/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 12/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	34/100
State Program Protections 5/25 Housing Protections 0/25 Access for Minors 9/10 Access in Underserved Areas 4/10 List of Qualifying Conditions is Exhaustive or All Inclusive 9/10 Allows Patients to Medicate Where they Choose 7/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	99/200
Cultivation Operations 15/50 Quality Management Systems 0/10 Staff Training 5/10 Standard Operating Procedures 5/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 0/2 Environmental Impact Regulations 0/2 Required Testing 3/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 2/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 32/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 4/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 1/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 15/50 Staff Training 10/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 37.5/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 3.5/5 Staff Training 20/20 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 0/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	30/100
Gives Regulatory Preference to Adult Use 20/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 10/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.