Alaska Statutes
Alaska Stat. § 11.71.060 (2026)
Misconduct involving a controlled substance in the sixth degree
✓ current as of July 2026
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Sec. 11.71.060. Misconduct involving a controlled substance in the sixth degree.
(a) Except as authorized in AS 17.30 or AS 17.38, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person
(1) uses or displays any amount of a schedule VIA controlled substance;
(2) possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of
(A) less than one ounce containing a schedule VIA controlled substance;
(B) [Repealed, § 138 ch 4 FSSLA 2019.]
(3) refuses entry into a premise for an inspection authorized under AS 17.30.
(b) Misconduct involving a controlled substance in the sixth degree is a class B misdemeanor.
(a) Except as authorized in AS 17.30 or AS 17.38, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person
(1) uses or displays any amount of a schedule VIA controlled substance;
(2) possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of
(A) less than one ounce containing a schedule VIA controlled substance;
(B) [Repealed, § 138 ch 4 FSSLA 2019.]
(3) refuses entry into a premise for an inspection authorized under AS 17.30.
(b) Misconduct involving a controlled substance in the sixth degree is a class B misdemeanor.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1988–2024 · leading case: State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009).
State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009). “Reading the declarations, we conclude that any incremental deterrence associated with AS 11.71.060, as opposed to the current federal drug laws, will not impact the plaintiffs.”
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “See former AS 11.71.060 and AS 11.71.070. 22 .See Hoffman v.”
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “Nevertheless, the legislative history of former AS 11.71.060 demonstrates that, for purposes of possessing and using marijuana, the legislature intended to set the age of majority at 19 years.”
Walker v. State, 991 P.2d 799 (Alaska Ct. App. 1999). “" [6] A 1990 initiative enacted current AS 11.71.060, which criminalizes possession of less than one half pound of marijuana.”
Brown v. Ely, 14 P.3d 257 (Alaska 2000). “He also argues that recently-amended AS 11.71.060, which prohibits all use of marijuana, is unconstitutional in light of Ravin.”
State, Dep't of Corr. v. Cowles, 151 P.3d 353 (Alaska 2006). “25 only requires a parole officer to recommend partial or full revocation in response to a positive test if the parolee also committed one or more serious violations or is deemed to be a high risk to the community.”
State v. Mallan, 950 P.2d 178 (Haw. 1998). “Alaska Stat. §§ 11.71.060 and 11.71.190 (1996) proscribe the possession or use of small quantities of marijuana; however, the Alaska Supreme Court has held that the right to privacy in the Alaska Constitution protects the right to possess and use marijuana in the privacy of…”
Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003). “Finally, the State argues for the first time that if we adjudicate the constitutionality of AS 11.71.060(a) in Noj^s case, our decision will unfairly preclude the State from attempting to prove that Ravin should be overruled or limited — ie.”
Hotrum v. State, 130 P.3d 965 (Alaska Ct. App. 2006). “AS 11.71.060(a)(1), (b). 30 . 991 P.2d at 802 .”
Bachlet v. State, 941 P.2d 200 (Alaska Ct. App. 1997). “110(a)(2); AS 11.71.060; AS 11.31.110(a) and AS 11.71.”
State v. Dalton, 868 P.2d 873 (Wash. Ct. App. 1994). “See former Alaska Stat. § 11.71.060 (a)(4).”
Erickson v. State, 141 P.3d 356 (Alaska Ct. App. 2006). “On remand, the trial court shall redetermine the suppression issues in light of this decision. The trial court is authorized to conduct evi-dentiary hearings or any other proceedings which it deems necessary.”
— Alaska Stat. § 11.71.060(a) — 6 cases
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “See former AS 11.71.060 and AS 11.71.070. 22 .See Hoffman v.”
State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009). “Reading the declarations, we conclude that any incremental deterrence associated with AS 11.71.060, as opposed to the current federal drug laws, will not impact the plaintiffs.”
Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003). “Finally, the State argues for the first time that if we adjudicate the constitutionality of AS 11.71.060(a) in Noj^s case, our decision will unfairly preclude the State from attempting to prove that Ravin should be overruled or limited — ie.”
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “Nevertheless, the legislative history of former AS 11.71.060 demonstrates that, for purposes of possessing and using marijuana, the legislature intended to set the age of majority at 19 years.”
Adams v. State, 359 P.3d 990 (Alaska Ct. App. 2015).
— Alaska Stat. § 11.71.060(a)(1) — 10 cases
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “See former AS 11.71.060 and AS 11.71.070. 22 .See Hoffman v.”
Erickson v. State, 141 P.3d 356 (Alaska Ct. App. 2006). “On remand, the trial court shall redetermine the suppression issues in light of this decision. The trial court is authorized to conduct evi-dentiary hearings or any other proceedings which it deems necessary.”
Brown v. Ely, 14 P.3d 257 (Alaska 2000). “He also argues that recently-amended AS 11.71.060, which prohibits all use of marijuana, is unconstitutional in light of Ravin.”
Hotrum v. State, 130 P.3d 965 (Alaska Ct. App. 2006). “AS 11.71.060(a)(1), (b). 30 . 991 P.2d at 802 .”
Leu v. State, 251 P.3d 363 (Alaska Ct. App. 2011).
— Alaska Stat. § 11.71.060(a)(3) — 1 case
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “Nevertheless, the legislative history of former AS 11.71.060 demonstrates that, for purposes of possessing and using marijuana, the legislature intended to set the age of majority at 19 years.”
— Alaska Stat. § 11.71.060(a)(4) — 5 cases
Walker v. State, 991 P.2d 799 (Alaska Ct. App. 1999). “" [6] A 1990 initiative enacted current AS 11.71.060, which criminalizes possession of less than one half pound of marijuana.”
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “See former AS 11.71.060 and AS 11.71.070. 22 .See Hoffman v.”
Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003). “Finally, the State argues for the first time that if we adjudicate the constitutionality of AS 11.71.060(a) in Noj^s case, our decision will unfairly preclude the State from attempting to prove that Ravin should be overruled or limited — ie.”
Hotrum v. State, 130 P.3d 965 (Alaska Ct. App. 2006). “AS 11.71.060(a)(1), (b). 30 . 991 P.2d at 802 .”
Cleland v. State, 759 P.2d 553 (Alaska Ct. App. 1988).
— Alaska Stat. § 11.71.060(b) — 2 cases
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “Nevertheless, the legislative history of former AS 11.71.060 demonstrates that, for purposes of possessing and using marijuana, the legislature intended to set the age of majority at 19 years.”
Joseph v. State, 145 P.3d 595 (Alaska Ct. App. 2006).
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