Alaska Statutes
Alaska Stat. § 11.71.050 (2026)
Misconduct involving a controlled substance in the fifth degree
✓ current as of July 2026
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Sec. 11.71.050. Misconduct involving a controlled substance in the fifth degree.
(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the crime of misconduct involving a controlled substance in the fifth degree if the person
(1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce containing a schedule VIA controlled substance;
(2) [Repealed, § 179 ch 36 SLA 2016.]
(3) fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under AS 17.30;
(4) under circumstances not proscribed under AS 11.71.030(a)(3), 11.71.040(a)(3), or 11.71.040(a)(4) possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA controlled substance; or
(5) under circumstances not proscribed under AS 11.71.040(a)(4), possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance.
(b) Misconduct involving a controlled substance in the fifth degree is a class A misdemeanor.
(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the crime of misconduct involving a controlled substance in the fifth degree if the person
(1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce containing a schedule VIA controlled substance;
(2) [Repealed, § 179 ch 36 SLA 2016.]
(3) fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under AS 17.30;
(4) under circumstances not proscribed under AS 11.71.030(a)(3), 11.71.040(a)(3), or 11.71.040(a)(4) possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA controlled substance; or
(5) under circumstances not proscribed under AS 11.71.040(a)(4), possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance.
(b) Misconduct involving a controlled substance in the fifth degree is a class A misdemeanor.
Notes of Decisions
Cited in 21
cases (5 in the last 5 years), 1986–2026 · leading case: Walker v. State, 991 P.2d 799 (Alaska Ct. App. 1999).
Walker v. State, 991 P.2d 799 (Alaska Ct. App. 1999). “Walker's privacy claim Walker was convicted under AS 11.71.050(a)(3)(E) for possessing eight ounces or more of marijuana.”
State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009). “The legislature also amended AS 11.71.050(a)(2)(E), making it a class A misdemeanor to possess one ounce or more of marijuana.”
Smith v. State, 948 P.2d 473 (Alaska 1997). “040 (misconduct involving a controlled substance in the fourth degree); AS 11.71.050 (misconduct involving a controlled substance in the fifth degree); AS 11.”
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “As explained earlier in this opinion, Noy was prosecuted under AS 11.71.050(a) for possessing eight ounces or more of marijuana.”
Hoekzema v. State, 193 P.3d 765 (Alaska Ct. App. 2008). “Those involving less than one ounce are punished as misdemeanors under AS 11.71.050(a)(1), while those involving one ounce or more are punished as felonies under AS 11.”
Gibson v. State, 719 P.2d 687 (Alaska Ct. App. 1986). “040 and AS 11.71.050. All that is necessary under the statute is that the substance delivered contains marijuana, and that the aggregate weight of the substance meets the statutory requirement.”
Atkinson v. State, 869 P.2d 486 (Alaska Ct. App. 1994). “060(a)(4) (defining simple possession of four ounces or more as sixth-degree misconduct, a class B misdemeanor).”
Jones v. State, 727 P.2d 6 (Alaska Ct. App. 1986). “Jones pled no contest to fifth-degree misconduct involving a controlled substance (marijuana), a class A misdemeanor, in violation of AS 11.71.050(a)(2). On appeal, Jones challenges a probation condition which prohibited him from being in the Anchorage downtown area of Third…”
Rollins v. Ulmer, 15 P.3d 749 (Alaska 2001). “§ 812 (providing schedules of controlled substances); AS 11.71.050 & .060 (describing the misdemeanor of misconduct involving controlled substances).”
Lampkin v. State, 141 P.3d 362 (Alaska Ct. App. 2006). “040(a)(3)(A) and AS 11.71.050(a)(3)(A), respectively. . AS 11.”
Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “See AS 11.71.050(a)(2)(E). 9 ., See AS 11.71.”
Duncan v. State, 178 P.3d 467 (Alaska Ct. App. 2008). “Because delivery of less than one ounce of marijuana is a misdemeanor under AS 11.71.050, and because the officers did not see the transactions that Glazer reported to the police, Duncan argues that AS 12.”
— Alaska Stat. § 11.71.050(a) — 1 case
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “As explained earlier in this opinion, Noy was prosecuted under AS 11.71.050(a) for possessing eight ounces or more of marijuana.”
— Alaska Stat. § 11.71.050(a)(1) — 4 cases
Hoekzema v. State, 193 P.3d 765 (Alaska Ct. App. 2008). “Those involving less than one ounce are punished as misdemeanors under AS 11.71.050(a)(1), while those involving one ounce or more are punished as felonies under AS 11.”
Gibson v. State, 719 P.2d 687 (Alaska Ct. App. 1986). “040 and AS 11.71.050. All that is necessary under the statute is that the substance delivered contains marijuana, and that the aggregate weight of the substance meets the statutory requirement.”
Thiessen v. State, 844 P.2d 1137 (Alaska Ct. App. 1993).
Rocky Jay Burns v. State of Alaska, 543 P.3d 1013 (Alaska Ct. App. 2024).
— Alaska Stat. § 11.71.050(a)(2) — 1 case
Jones v. State, 727 P.2d 6 (Alaska Ct. App. 1986). “Jones pled no contest to fifth-degree misconduct involving a controlled substance (marijuana), a class A misdemeanor, in violation of AS 11.71.050(a)(2). On appeal, Jones challenges a probation condition which prohibited him from being in the Anchorage downtown area of Third…”
— Alaska Stat. § 11.71.050(a)(2)(E) — 2 cases
State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009). “The legislature also amended AS 11.71.050(a)(2)(E), making it a class A misdemeanor to possess one ounce or more of marijuana.”
Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “See AS 11.71.050(a)(2)(E). 9 ., See AS 11.71.”
— Alaska Stat. § 11.71.050(a)(3)(A) — 1 case
Lampkin v. State, 141 P.3d 362 (Alaska Ct. App. 2006). “040(a)(3)(A) and AS 11.71.050(a)(3)(A), respectively. . AS 11.”
— Alaska Stat. § 11.71.050(a)(3)(E) — 3 cases
Walker v. State, 991 P.2d 799 (Alaska Ct. App. 1999). “Walker's privacy claim Walker was convicted under AS 11.71.050(a)(3)(E) for possessing eight ounces or more of marijuana.”
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “As explained earlier in this opinion, Noy was prosecuted under AS 11.71.050(a) for possessing eight ounces or more of marijuana.”
Atkinson v. State, 869 P.2d 486 (Alaska Ct. App. 1994). “060(a)(4) (defining simple possession of four ounces or more as sixth-degree misconduct, a class B misdemeanor).”
— Alaska Stat. § 11.71.050(a)(4) — 6 cases
Charles Fenning Akelkok v. State of Alaska, 475 P.3d 1136 (Alaska Ct. App. 2020).
James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023).
Alex Trenton Beltz v. State of Alaska, State of Alaska v. Lesli Renee Richardson, 551 P.3d 583 (Alaska Ct. App. 2024).
Phillip Alexander Duty v. State of Alaska, 532 P.3d 742 (Alaska Ct. App. 2023).
Tommy James Rumph v. State of Alaska (Alaska Ct. App. 2026).
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