Alaska Lawmakers Send Marijuana Record Privacy Bill to Governor
- Alaska’s Legislature passed House Bill 239, which restricts public access to certain marijuana possession conviction records, and sent it to Governor Mike Dunleavy for approval.
- The bill prevents criminal justice agencies from releasing information on convictions involving possession of less than one ounce of marijuana for individuals 21 or older with no other charges in the case.
- This legislation does not expunge records but provides privacy protections by making covered records unavailable for public release, initially requiring individuals to request non-disclosure until 2028.
- Alaska legalized adult marijuana possession in 2015, allowing adults 21 and older to possess up to one ounce, aligning the bill's protections with current legal standards.
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Alaska’s Legislature has sent Governor Mike Dunleavy (R) legislation that would restrict public access to certain marijuana possession convictions, marking a modest but notable step toward addressing records for conduct that is now legal for adults.
The provision is included in House Bill 239, a criminal justice bill sponsored by State Representative Chuck Kopp (R) and several cosponsors. The Senate passed the measure 20 to 0 on May 19, and the House concurred with the Senate’s changes the following day in a 39 to 1 vote, sending the bill to the governor.
Under the marijuana-related section, criminal justice agencies would be barred from releasing information tied to a case if the person was convicted of possessing less than one ounce of marijuana or a similar municipal offense, was at least 21 at the time, and had no other criminal convictions in the same case.
The bill would not erase the conviction or create a broader expungement process. Instead, it would make the covered records unavailable for public release by criminal justice agencies, providing a privacy protection for people with low-level marijuana convictions that match what adults can legally possess today.
Initially, those eligible would need to ask an agency not to release the records. That request requirement would be repealed on January 1, 2028, meaning the protection would no longer depend on a person taking that extra step. The record-release sections would take effect January 1, 2027.
Alaska legalized marijuana for adults 21 and older after voters approved Ballot Measure 2 in 2014, with possession and personal use becoming legal on February 24, 2015. The state’s first adult-use marijuana stores opened in October 2016. Adults may possess up to one ounce of marijuana under the law.