After Measure 2 was passed in 2014, Alaska became the third state to allow people to legally use cannabis for recreational purposes. A law called Measure 8 was passed in Alaska in 1998, letting people use marijuana for medical reasons. To follow the law in Alaska, you need to know these seven important weed rules. The full list of rules can be found here.
Alaska Marijuana Laws At A Glance
- Alaska’s track-and-trace system is Metrc.
- Cannabis delivery is currently not permitted in Alaska.
- Marijuana stores can sell only 1 ounce, 7 grams of marijuana concentrate for inhalation, or 5,600 milligrams of THC in combined sales.
- Onsite consumption is legal in Alaska, pending approval and all regulations are met.
- Medical cannabis use was legalized in 1998 via the Alaska Medical Marijuana Initiative (or Measure 8).
- Recreational cannabis use was legalized via the passage of Measure 2 in 2014.
- The Alcohol and Marijuana Control Board (AMCO) is the regulatory agency responsible for overseeing the Alaska cannabis industry.
Law #1: Licensing
They need to support the application. If they don’t, they will be charged with unsworn falsification.Law: 3 AAC 306.020. Request for a temporary license (a) Anyone who wants to start a new marijuana business must submit an application in accordance with 3 AAC 306.025 on a form that the board will provide and include the information and paperwork listed in this section. They must also pay the application fee and the annual license fee as stated in 3 AAC 306.100, and the fingerprint cards and fees mentioned in 3 AAC 306.055(a).
Electronic submission of the application is required. The completed application and fees can be sent online, mailed, or brought to the director at the board office. (b) An application for a new marijuana establishment license must include (1) the name of the applicant and any business name the applicant will use for the proposed marijuana establishment, along with the applicant’s state business license number issued under AS 43.70.
(2) the name, mailing address, telephone number, and social security number of each proposed licensee and each affiliate of each proposed licensee; unless the context requires otherwise, “licensee” means each individual named in an application that complies with this section; an individual to be identified as a licensee under this section includes (A) if the applicant is an individual or a sole proprietor, the individual or sole proprietor; (B) if the applicant is a partnership, including a limited partnership, each partner holding any interest in the partnership; (C) if the applicant is a limited liability company, each member holding any ownership interest; (D) if the applicant is a corporation, each owner of any of the corporation’s stock; and (E) if the applicant is a local government, an authorized official of the local government.
(3) Each applicant who is not a person must bring the following documents and details: (A) for a partnership, including a limited partnership, the partnership agreement, the names of each general or managing partner, and a list of all partners with their share of ownership; (B) for a limited liability company, the limited liability company agreement, and a list of all members with their share of ownership; for a company, the certificate of incorporation, a list of all members with their share of ownership;
(D) for a local government, a resolution from the governing body approving the application and naming an official as in charge of the planned marijuana business; 4—For each person listed in (2) of this subsection, a statement of financial interest on a form the board specifies; (5) For each applicant who is not a person, the name of the individual licensee or designated government official listed in (2) of this subsection who is responsible for (A) running the marijuana business and (B) making sure it follows state laws. (i) an email address that the applicant agrees to receive correspondence from the board before and after getting a license; both the applicant and the licensee must make sure that any email address they give the board is up-to-date so that the board can reach them at any time. (7) The type of license the applicant wants;
(8) The address of the property, along with global positioning system (GPS) coordinates, where the applicant plans to run a marijuana business; and (9) A detailed diagram of the proposed licensed premises, showing all entrances and boundaries, as well as storage and restricted access areas.
The applicant must provide (9) a copy of their title, lease, or another document showing they have permission to use the planned licensed property; (10) an affidavit stating where and when they posted notice of the application, along with proof of advertising in line with 3 AAC 306.025(b); and the following information, which is what the board needs: This is the information that is needed for (A) a marijuana store that sells marijuana.
(B) a marijuana cultivation facility that grows marijuana; (C) a marijuana product manufacturing facility that makes marijuana products; and (D) a marijuana testing facility that needs information that is needed under 3 AAC 306.615. (c) An application for a marijuana establishment license must include an operating plan in a format chosen by the board.
This plan must convince the board of the proposed marijuana establishment’s plans for (1) security; (2) keeping track of all the marijuana and marijuana products on the premises; (3) hiring and training employees; (4) getting rid of waste; (5) transporting and delivering marijuana and marijuana products; and (6) advertising and signs. d) The applicant, if they are an individual, and an authorized general partner, if they are a partnership, including a limited partnership, must both sign the marijuana business license application.
(3) A member who owns at least 10 percent of the limited liability company, if they are a limited liability company; (4) the authorized officers of the corporation, if they are a corporation; or (5) a designated official, if the applicant is a business. It is against the law for anyone to sign an application for a marijuana establishment license if they don’t swear that the following statements are true: (1) the application is true, correct, and complete; (2) the applicant has read and understands AS 17.38 and this chapter; and (3) the applicant will give the board all the information they need to support the application.
Applications must include:
- Name of the candidate, name of the business, and application number from the state
- The kind of license that is being asked for
- The building’s location, along with GPS coordinates, shows where the applicant plans to run the marijuana business.
- The title, the lease, and any other papers that show you own the property
- A document that shows when and where the applicant put up public notices about the application, along with proof that they were advertised.
- What is the suggested licensee’s name, mailing address, phone number, social security number, and a statement of financial interest on a form the board provides?
- The applicant’s address for mail
A floor plan and a working plan for the marijuana business show how they plan to:
- Transportation and delivery of marijuana products
- Signage and advertising
- The applicant and any partners must sign applications.
- Inventory tracking
- Employee qualification and training
- Waste disposal
Law #2: Retail Dispensary Privileges
Law: 3 AAC 306.305. Permits for weed stores to sell marijuana (a) A licensed retail marijuana store is authorized to (1) sell marijuana purchased from a licensed marijuana cultivation facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.470, and 3 AAC 306.475, in an amount not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed premises or as permitted under 3 AAC 306.995 for consumption off the licensed premises
(2) sell a marijuana product purchased from a licensed marijuana product manufacturing facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.565, and 3 AAC 306.570, in a quantity not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed premises or as permitted under 3 AAC 306.995 for consumption off the licensed premises; (3) store marijuana and marijuana products on the licensed premises in a manner consistent with 3 AAC 306.710 – 3 AAC 306.720
(4) with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. (b) This part doesn’t say that a licensed marijuana store has to sell a customer marijuana or a marijuana product if they don’t want to. (“c”) A person who has a license to run a marijuana store can also ask for a license to grow marijuana, make marijuana products, or both. Any person who owns a retail marijuana store and also gets a license for a marijuana cultivation facility, a marijuana product manufacturing facility, or both must do the following:
(1) grow marijuana in a room separate from the store; (2) make marijuana products in a room separate from the store; and (3) if the rooms are connected and in the same place, a secure do not disturb sign must be put up in each room. 3 AAC 306.310. Things that can’t be done in a weed store (a) A licensed marijuana store can’t sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver marijuana or a marijuana product (1) to someone younger than 21
(2) to someone who is high on drugs, alcohol, or inhalants; (3) that isn’t labeled and packaged according to 3 AAC 306.345 and (A) 3 AAC 306.470 and 3 AAC 306.475; or (B) 3 AAC 306.565 and 3 AAC 306.570; (4) in a quantity that There are some things that a licensed retail marijuana store can’t do: (1) Do business on or let a customer access the licensed premises between 5:00 a.m. and 8:00 a.m. every day; (2) Let someone smoke marijuana or a marijuana product on the licensed premises, unless 3 AAC 306.305(a)(4) says otherwise.
(3) Give or offer to give away (A) free marijuana or marijuana products as a marketing ploy or for any other reason; 3 AAC 306.330. Tracking method for marijuana inventory (a) A retail marijuana store must use a marijuana inventory tracking system as described in 3 AAC to make sure that all of the marijuana and marijuana products it has are identified and tracked from the time it receives a batch of marijuana or a lot of marijuana products to the time it sells, transfers, or gets rid of the batch of marijuana or a lot of marijuana products.
(b) As soon as marijuana or marijuana products from marijuana product factories are delivered or transported to a licensed marijuana store, the store must immediately enter the batch number and lot number into its marijuana inventory tracking system. A store that sells marijuana can’t take marijuana or marijuana products that don’t have a valid transport manifest that was created from the marijuana inventory tracking system of the business that sent the delivery.
(c) Every day at the end of the business day, a retail marijuana store must match up every transaction from its point-of-sale system with its system for keeping track of its marijuana supplies. (d) A store that sells marijuana must explain any difference between how much marijuana or marijuana products it got and how much it sold, gave away, or otherwise got rid of.
Retail marijuana shops are allowed to do the following:
- Stores have the right to refuse to sell weed to someone.
- People who already have a license to open a marijuana store can also apply for a permit to grow marijuana, make marijuana products, or both.
- Sell marijuana that you bought from registered growers, and make sure it was suitably packaged and labelled.
- On the licensed property, you can store marijuana goods.
- Allow people to smoke marijuana products they bought on licensed property in a specific part of the store (this needs to be approved by the board).
Under these conditions, growing plants and making products must happen in different rooms from the store.
- People aren’t allowed in the store between 5 am and 8 am.
- Cannabis products can’t be sold in stores after the label says they’re no longer suitable.
- You can’t make deliveries.
- Items made from marijuana can’t be given away for free.
- People under 21 years old or high on drugs or alcohol are not allowed to buy marijuana goods in stores.
- Businesses can only sell goods to people in the store or on the licensed grounds simultaneously.
Read More: 7 Michigan Cannabis Laws You Should Know!
Law #3: Packaging And Labeling
Law: 3 AAC 306.345. Packaging and labeling (a) A retail marijuana store shall assure that (1) marijuana sold on its licensed premises is packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475; (2) any marijuana product sold on its licensed premises is packaged and labeled in compliance with 3 AAC 306.565 and 3 AAC 306.570; and (3) marijuana or a marijuana product sold is packaged in opaque, resealable, child-resistant packaging when the purchaser leaves the retail section of the licensed premises; the packaging must be designed or constructed to be significantly difficult for children under five years of age to open, but not normally difficult for adults to use properly.
(b) In addition to labeling requirements provided in (a) of this section, a retail marijuana store shall affix a label to each package of marijuana or marijuana product that (1) identifies the retail marijuana store selling the marijuana product by name or distinctive logo and marijuana establishment license number; (2) states the estimated amount of total THC in the labeled product; and (3) contains each of the following statements:
(A) “Marijuana has intoxicating effects and may be habit forming and addictive.”; (B) “Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.”; (C) “There are health risks associated with consumption of marijuana.”; (D) “For use only by adults twenty-one and older. Keep out of the reach of children.”; (E) “Marijuana should not be used by women who are pregnant or breast feeding.”
The packaging has to be clear, reusable, and safe for kids.
There must be a sticker on it that says:
- The name or logo of the weed business and its license number.
- How much THC is thought to be in the product.
The following statements:
- “There are health risks associated with consumption of marijuana.”
- “Only people aged 21 and up should use. Keep kids from getting to it.
- “Marijuana should not be used by women who are pregnant or breastfeeding.”
- “Marijuana has intoxicating effects and may be habit-forming and addictive.”
- “Marijuana makes it hard to focus, move, and make decisions. Do not drive or handle machinery while under its influence.
Law #4: Purchase limits
Section 3 AAC 306.355 of the law says. Restrictions on the amount sold (1) A marijuana shop cannot sell more than one ounce of usable marijuana, seven grams of marijuana concentrate for smoking, or 5,600 milligrams of THC in all marijuana and marijuana products sold in a single day to any one person. Limits in (a) of this section include marijuana or marijuana products sold for on-site use as allowed by 3 AAC 306.370.
A marijuana shop can only sell one ounce, which is seven grams of marijuana concentrate for smoking, or 5,600 milligrams of THC altogether.
Law #5: Taxes
The Alaska State Page says, “On November 4, 2014, voters approved Ballot Measure 2, which will tax and regulate the growing, selling, and using of marijuana.” Alaska will tax the marijuana that is sold there because of the ballot bill. The pot tax will be paid to the Tax Division by places that are allowed to grow marijuana.
The marijuana tax is added when the plant is moved or sold from where it is grown to where it is sold to customers or used to make other things. At first, marijuana had a $50-an-ounce tax. On January 1, 2019, the tax rates on buying and selling weed changed. Flowers and buds that are fully grown are taxed at $50 an ounce. Young or odd buds are taxed at $25 an ounce, trim at $15 an ounce, and clones at a fixed rate of $1 an ounce.
- Farmers are required to pay taxes.
- Alaska doesn’t have sales taxes for the whole state, but some cities and towns do. Anchorage has a 5% sales tax on marijuana and marijuana goods that are bought in stores.
- Taxes are $50 per ounce on full buds and flowers, $25 per ounce on immature buds, $15 per ounce on trim, and $1 per clone.
Law #6: Required Consumer Notices For Retailers
The law is 3 AAC 306.365. Notices that marijuana shops must put up for customers (a) A store that sells marijuana must put up the following signs in a place where buyers can see them: First, it is against the law to use marijuana in public. Second, it is against federal law to transport or carry marijuana or marijuana products on Alaska waterways, including cruise ships, or by air carrier.
Third, it is against federal law to transport or ship marijuana or marijuana products outside the State of Alaska. Finally, it is against federal law to give marijuana to someone under 21 years old. Notice signs needed under (a) of this part must be at least 11 inches long and 14 inches wide. The letters have to be at least half an inch high and be a different color from the background. (Starts July 22, 2017, Register 223).
The following notices must be posted in places where customers can see them in marijuana shops that sell marijuana:
- “It is against the law to use marijuana in public.”
- “It is against the law for marijuana or marijuana products to be transported or carried on Alaskan waterways, including cruise ships, or by air carriers.”
- “Federal law makes it illegal to transport or ship marijuana or marijuana products outside of the state of Alaska.”
- “It is against the law to give marijuana to people younger than 21.”
Required notices need to be written in a font that is at least ½ inch tall and a colour that is different from the background. The signs need to be at least 11 inches by 14 inches.
Read More: 7 Michigan Cannabis Laws You Should Know!
Law #7: Onsite Consumption Endorsement For Retail Stores
The law is 3 AAC 306.370. Onsite consumption approval for marijuana shops that sell it Unless local or state law says otherwise, the board can give a licensed retail marijuana store an onsite consumption endorsement so that customers can consume: (1) edible marijuana products only, in line with this section, in any indoor or outdoor area, even if the store isn’t freestanding; (2) any method, in line with this section, in any indoor or outdoor area of a freestanding li<censed retail marijuana store. A marijuana store that has an approved onsite consumption endorsement can sell the following items:
(1) marijuana bud or flower, up to one gram per person per day; (2) edible marijuana products, up to 25 milligrams of THC per person per day; and (3) a vaping device with no more than 0.3 grams of THC. These items must be used at the time of purchase and only in an area designated as a marijuana consumption area. (2) A licensed marijuana store with an approved onsite consumption endorsement can sell food or drinks that don’t contain marijuana or alcohol. They can also let a customer take marijuana or marijuana products they bought on the licensed premises for consumption under this section, as long as they are packaged according to 3 AAC 306.345. (d) A licensed retail marijuana store with an approved onsite consumption endorsement may not
(1) allow any licensee, employee, or agent of a licensee to consume marijuana or marijuana products, including marijuana concentrate, during the course of a work shift; (2) allow a person to consume tobacco or tobacco products in the marijuana consumption area; (3) allow a person to bring into or consume in the marijuana consumption area any marijuana or marijuana product that were not purchased at the licensed retail marijuana store;
(4) sell, offer to sell, or deliver marijuana or marijuana products at a price less than the price regularly charged for the marijuana or marijuana products during the same calendar week; (5) sell, offer to sell, or deliver an unlimited amount of marijuana or marijuana products during a set period of time for a fixed price; (6) sell, offer to sell, or deliver marijuana or marijuana products on any one day at prices less than those charged the general public on that day; (7) encourage or permit an organized game or contest on the licensed premises that involves consuming marijuana or marijuana products or the awarding of marijuana or marijuana products as prizes; or (8) advertise or promote in any way, either on or off the licensed premises, a practice prohibited under this section. The marijuana smoking area must have these features.
(1) it must be separate from other parts of the retail marijuana store by walls and a secure door, and only people who work in the retail marijuana store must be able to get to it; (2) the licensed marijuana retail store must provide a smoke-free area for employees to watch over the marijuana smoking area; and (3) it must be indoors and allow smoking. (4) If the marijuana consumption area is outside, the board must decide that it is compatible with other uses in the area by looking at (A) nearby uses; (B) the location of air intake vents on nearby buildings, if smoking is allowed;
(C) a wall or fence that blocks views of the outdoor marijuana consumption area; and (D) objections from property owners, residents, and occupants within 250 linear feet or the notified distance. (f) An applicant for an onsite consumption endorsement must file an application on a form the board prescribes, including the endorsement fee set out in 3 AAC 306.100, and (1) the applicant’s operating plan, in a format the board prescribes, describing the retail marijuana store’s plan for (A) security, in addition to what is required for a retail marijuana store.
(i) doors and locks; (ii) windows; (iii) measures to prevent diversion; and (iv) measures to prohibit access to persons under 21 years of age; (B) ventilation, if consumption by smoking is to be permitted in an indoor area; ventilation plans must be (i) signed and approved by a licensed mechanical engineer; (ii) sufficient to remove visible smoke; and (iii) consistent with all applicable building codes and ordinances
(C) monitoring overconsumption; (D) unconsumed marijuana, by disposal or by packaing in accordance with 3 AAC 306.345; and (E) preventing introduction into the marijuana consumption are of marijuana or marijuana products not sold by the retail marijuana store, and marijuana or marijuana products not sold specifically for onsite consumption; (2) the applicant’s detailed plan of the marijuana consumption area, which must show the locations of (A) the licensed marijuana store’s premises; (B) the serving area or areas; (C) ventilation exhaust points.
(D) the employee monitoring area; (E) doors, windows, or other exits; and (F) access control points; (3) the applicant’s title, lease, or other proof that they have the sole right to own the proposed marijuana consumption area (g) A marijuana store with an onsite consumption endorsement under this chapter must: (1) Get rid of any unfinished marijuana that is left in the marijuana consumption area and isn’t claimed; (2) Always watch customers in the marijuana consumption area to make sure they don’t overdo it; and (3) Put up all the warning signs required by 3 AAC 306.360 and 3 AAC 306.365 in the marijuana consumption area, specifically (h) The person who has an onsite consumption endorsement must apply for renewal every year at the same time that their retail marijuana shop license is renewed.
The board can approve an onsite consumption endorsement for licensed retail marijuana shop premises.
Food and drinks must be bought to be eaten immediately in a marked area to be consumed onsite.
Here are the limits on how much you can buy for onsite consumption:
- One flower or bud of marijuana (no more than 1 gram per person per day).
- Marijuana goods that can be eaten in amounts of no more than 25 milligrams of THC per person per day.
- A smoking device with no more than 0.3 grams of marijuana per person per day (you can only vape marijuana concentrate on-site).
Alaska Cannabis Laws FAQS
Q. How much weed can I buy in Alaska?
Stores that sell marijuana can only offer 1 ounce, 7 grams of marijuana extract for smoking, or 5,600 milligrams of THC total.
Q. Do Alaska’s Weed Laws Apply to Flowhub?
Yes! We are very familiar with how to keep your store legal because Flowhub was the first company to integrate with Metrc. We also follow the rules about weed in Alaska.
Q. Is Recreational Marijuana Use and Sales Allowed in Alaska?
Alaska has had legal marijuana for recreational use since 2014.
Q. How Is Marijuana Taxed in Alaska?
Cannabis farmers are required to pay taxes. You must pay $50 per ounce in taxes on grown buds and flowers, $25 per ounce for immature buds, $15 per ounce for trim, and $1 per clone for clones. Alaska doesn’t have sales taxes for the whole state, but some cities and towns do in certain situations.