Alaska
Information provided is current as of July 28, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Legalization History
Residents may possess up to one ounce for either medical or recreational use.
Residents may grow up to six cannabis plants for non-commercial purposes per adult, or 12 plants per household.
State Regulatory Agency Information
State Testing Policy
Both private and state employers can implement drug testing policies, including pre-employment, random, post-accident, and reasonable suspicion tests, while still maintaining the right to enforce drug-free workplaces despite the legalization of recreational and medical marijuana.
Remember, establishing robust documentation is a key risk mitigant for employers in states like Alaska.
Roles where impairment could jeopardize safety, such as transportation workers, public safety personnel, construction and maintenance workers, healthcare providers, and industrial workers.
Drug testing in Alaska is risky for employers. While legal, it faces legal challenges based on labor laws, discrimination, and privacy concerns. Public employers need "reasonable suspicion" to substantiate testing. Consider costs, morale, and legal risks before starting a program. Key decisions include who to test, notification methods, and handling positive results.
Recommended Procedures
It is always recommended to have a standardized documentation procedures and regular employee evaluations to set clear performance expectations. Employers should carefully develop drug-free policies and provide clear communication regarding what constitutes a violation. Industry specific requirements, including those for safety or security sensitive positions, require additional consideration.
Classified employees and appointed officials are prohibited from engaging in the improper or unlawful use manufacture, distribution, dispensing, possession, or use of alcohol or a controlled substance on state property, in the workplace or while in performance of official duties.