Alaska Marijuana Laws & Considerations

Alaska is like the wild west and marijuana is legal – medical and recreational. There are concerns in case law that to discipline or fire an employee for drug test results, there must be some “nexus between the use and the work.” Having a well-written drug free workplace policy is critical. A drug using worker who is insured will be ineligible for workers comp benefits if they are terminated due to misconduct, which includes breaching the employer’s policy on drug or alcohol use. This condition applies only if the employer’s drug-free policy and program align with the voluntary drug testing law of Alaska and the stipulations outlined in the unemployment law.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

Nothing in law requires any accommodation of medical marijuana use in any place of employment and that employers can make their own rules about use. However, due to case decision in Luedtke v. Nabors Alaska Drilling, to discipline or fire an employee for drug test results, there must be some “nexus between the use and the work.”

Use/Possession

No use in public except state-sanctioned places.
Smoking is permitted.
State-operated insurance does not cover the costs of marijuana.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

Alaska has a voluntary drug testing law and an unemployment law with many details about drug testing. Although not required, these statutes provide extensive legal protections for employers complying with these voluntary laws including greater latitude to deny workers’ compensation and unemployment claims.
Alaska addresses drug testing in their unemployment law with many details. An insured worker is disqualified from receiving benefits if he or she was discharged for misconduct including a violation of an employer’s policy concerning the use of drugs or alcohol. This is only true if the employer’s drug-free policy and program are consistent with Alaska’s voluntary drug testing law and specifications in the unemployment law.
An injury is not compensable if the injury was proximately caused by employee’s intoxication or under-theinfluence (unless drug prescribed by his/her physician). It is unknown whether a physician’s recommendation can qualify.

Apply the Checklist of Impacting Issues to Research provided by NDS to research additional state laws that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Alaska Statute 17.37, 17.38 et al – Regulation of marijuana
AS 23.30.235 – Workers’ compensation related
AS 23.20.379 – Unemployment related
AS 23.10.600 -699 – Voluntary drug testing law

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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