Driving Under the Influence of Marijuana in Alaska

As cannabis becomes more widely accepted and legalized across the U.S., many drivers mistakenly believe that marijuana use is harmless behind the wheel. In Alaska, where recreational cannabis is legal for adults 21 and older, the line between legal use and impaired driving can be dangerously misunderstood. While it’s legal to consume marijuana in private, driving under its influence remains strictly prohibited.

Understanding the state's DUI laws as they relate to cannabis is critical for anyone operating a vehicle in Alaska. This article breaks down how marijuana impairment is handled, what enforcement looks like, and what penalties await drivers who violate the law.

Legal Framework: Marijuana and DUI in Alaska

Alaska law makes it illegal to operate a motor vehicle while under the influence of any controlled substance, including cannabis. Even though marijuana is legal recreationally, it is still classified as an impairing substance when it comes to driving.

The state’s DUI laws prohibit driving:

• While under the influence of alcohol, drugs, or any combination thereof.
• If your ability to operate the vehicle is impaired, regardless of your THC level.

Unlike alcohol, where a 0.08% Blood Alcohol Concentration (BAC) is a legal threshold, there is no set THC limit in Alaska that automatically qualifies a driver as impaired. Instead, enforcement is based on observed impairment and field sobriety testing.

More information about related policies can be found under Alaska DUI Laws and Penalties.

How Marijuana Impairment Is Determined

Observational Evidence

Law enforcement officers in Alaska rely on behavioral observations and field sobriety tests (FSTs) to determine impairment. These include:

• Erratic driving behavior
• Physical signs such as red eyes, slow speech, and unusual body movements
• Performance on FSTs like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (though the latter is more effective for alcohol)

Drug Recognition Experts (DREs)

If initial signs suggest drug impairment, a Drug Recognition Expert may be called to conduct a more detailed evaluation. DREs are trained to assess physiological and behavioral indicators of drug use.

Chemical Testing

Unlike alcohol breathalyzers, roadside devices to detect THC are not widely used or consistently reliable. Blood tests are often required, but because THC can remain in the bloodstream long after use, test results alone don’t definitively prove impairment at the time of driving.

Penalties for Marijuana-Related DUI Offenses

A marijuana DUI in Alaska carries the same penalties as alcohol-related offenses. These include:

First Offense:

• Minimum 72 hours jail time
• Fine of at least $1,500
• License revocation for 90 days
• Mandatory ignition interlock device after reinstatement

Subsequent Offenses:

• Longer jail time
• Increased fines
• Longer license suspension
• Potential felony charges after multiple convictions

For more details on driver license implications, check out Alaska License Suspension Laws.

Impact on Specific Driver Groups

Teen Drivers

Drivers under 21 face a zero-tolerance policy for any marijuana use. A single violation can result in license suspension, fines, and mandatory education courses. Learn more about restrictions in Teen Driving Restrictions in Alaska.

Commercial Drivers

Commercial drivers are held to even stricter standards. Any detectable impairment or drug presence while on duty can lead to disqualification of commercial driving privileges and severe professional consequences.

Open Container Laws and Marijuana

Just as alcohol open container laws prohibit accessible alcohol in a vehicle, Alaska’s marijuana laws prohibit any open or accessible marijuana products while driving. This includes edibles, vaporizers, or partially used cannabis containers. Keep all marijuana in a sealed container in the trunk or a location inaccessible to the driver.

Learn more about vehicle storage requirements in Alaska Open Container Laws.

Staying Safe and Legal

To avoid legal trouble and ensure safety on the road:

• Never drive after using marijuana, even if you feel “okay.”
• Wait several hours after consuming cannabis before getting behind the wheel.
• Use rideshare services or public transportation if impaired.
• Store marijuana properly while in transit.
• Educate yourself on state laws, especially when traveling between states with differing cannabis regulations.

The Bigger Picture

Driving under the influence of marijuana is a growing concern in Alaska. While the effects of cannabis may feel subtle compared to alcohol, its impact on reaction time, decision-making, and coordination can be just as dangerous. Alaska’s DUI laws are designed to prioritize public safety and hold drivers accountable, whether impairment comes from a beer or a bong.

Understanding your rights and responsibilities as a cannabis user and driver is essential to keeping Alaska’s roads safe for everyone.