Possession with intent to supply or manufacture is the most common theory of drug trafficking prosecution. The theory does not require proof of actual manufacture or delivery, but focuses on the defendant`s intent. If the defendant possessed a controlled substance with the intention of supplying it later, he is guilty of drug trafficking. However, the line between drug trafficking and mere drug possession is not always clear; In fact, it is often blurry. The jury considers all the circumstances in determining whether the defendant possessed the drugs with the intention of delivering them, including the quantity, value and associated drug paraphernalia. Although no facts are decisive, possession of a large quantity of drugs, especially if the quantity is greater than that usually used for personal use, often shows that the defendant is a dealer and not a user. See, for example, Stacy v. State, 500 p.2d 1023 (Alaska App. 2021). The government often relies on expert testimony to explain to jurors what constitutes evidence of drug distribution as opposed to personal use.
These experts are usually drug researchers who can be called hybrid experts in court. See id. Drug trafficking is a much more serious offence. The Code criminalizes three separate voluntary acts related to human trafficking: the production of a controlled substance, the supply of a controlled substance, and the possession of a controlled substance with intent to spread. Each measure is part of a successful drug trafficking operation, and the legislator tries to punish each of them. A typical drug trafficking law, such as AS 11.71.021(a)(1), covers all three. In Alaska, drug offenses range from simple offenses to the most serious offense, punishable by up to 99 years in prison. Any drug-related offence is likely to have serious consequences. Under Alaska law, certain drug-related offenses are sentenced to five years in prison for a first offense. The more dangerous the drug and the higher the amount of a person, the harsher the penalties will be. If the person intends to sell drugs to others, the penalties are more severe than if the drug is intended for their own use.
Penalties are more severe for the sale or distribution of drugs to a person under the age of 18 or for drug trafficking near a school. Possession of certain types of drugs such as heroin or methamphetamine for distribution is punishable by up to 99 years in prison. The Alaska Code includes several crimes that are often considered sacrificial and harmless (apart from harm to the accused or society at large). Specifically, Alaska has criminalized behavior related to drugs, alcohol, prostitution, and gambling. Drug offences criminalize the manufacture, delivery, sale and possession of various drugs. Alcohol-related offences criminalize behaviour that involves the sale, possession and delivery of alcohol. Alaska regulates alcohol more than most states. Prostitution, pimping and pimping (now called sex trafficking) criminalize “consensual” sexual activity.
Finally, the code criminalizes certain types of gambling. Each of these crimes violates the collective morality of society. A very significant difference between the federal and state schedules is marijuana. The federal government classifies marijuana as a List I substance (the highest and most dangerous level of the drug) because of its lack of medical use. Federal law criminalizes the possession of any amount of marijuana. 21 USC § 844. Alaska, on the other hand, classifies marijuana as a controlled substance on the VIA list (the lowest level) because state lawmakers have determined that it is the least dangerous drug. Alaska allows a person 21 years of age or older to legally purchase and possess marijuana. LIKE THE 38.17.020. The U.S. criminal justice system has long punished the use of intoxicating substances that are considered harmful to the human body.
From prohibition in the 1920s to the war on drugs in the 1960s, the criminal justice system has been at the forefront of society`s response to the negative consequences of illicit drug and alcohol use. Almost all communities have been affected. Alaska was no exception. Unique in Alaska, Alaska`s law allows local communities to pass local option laws that prohibit the sale, importation, or even possession of alcohol within a community. SLA 04.11.499. A violation of a municipality`s Local Options Act is significant – it is a crime to import alcohol into a municipality if the municipality has prohibited such behavior. RO 04.16.200(b). Alaska has no laws that penalize the possession, sale, or manufacture of utensils. The legalization of marijuana poses interesting constitutional dilemmas, as federal law continues to list marijuana and does not allow its possession, use, or sale to anyone. Therefore, Alaska`s laws on the recreational and medical use of marijuana may violate the supremacy clause of the federal Constitution. However, the U.S. Supreme Court has not struck down a state`s legal marijuana system on this basis.
However, the court upheld Congress` power to prohibit the possession and use of small amounts of marijuana under the federal Controlled Substances Act and rejected a medical necessity exemption for the possession and use of marijuana. See Gonzales v. Raich, 545 U.S. 1 (2005); United States v. Oakland Cannabis Buyers` Cooperative, 532 U.S. 483 (2001). Alaska, which offers drug court options to certain offenders, allows jail terms of up to five years (and/or a fine of up to $50,000) for possession of any amount of cocaine. Cocaine trafficking is charged with a Class B crime and carries a sentence of up to 10 years in prison. Sale to a minor may result in a virtual life sentence (up to 99 years). Visit the Anchorage Wellness Felony Drug Court website to learn more about the Alaska Drug Court. More details about Alaska`s current marijuana laws are listed in the table below.