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Live in Alaska? Here are Medical Marijuana laws you need to know

Waterfall

New Member
ALASKA
Ballot Measure 8 -- Approved 11/3/98 by 58% of voters.
Effective: 3/4/99.
Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."
Approved Conditions: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea. Other conditions are subject to approval by the Alaska Department of Health and Social Services.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.
Amended: Senate Bill 94
Effective: 6/2/99
Mandates all patients seeking legal protection under this act to enroll in the state patient registry and possess a valid identification card. Patients not enrolled in the registry will no longer be able to argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
 

Alaska Lady

New Member
Alaska State Laws
Possession ----- Incarceration -----Fine
1 oz or less in your residence or home - no penalty - N/A - N/A
1 oz to 4 oz - misdemeanor - 90 days - $1,000
More than 4 oz, or 25 or more plants - felony - 5 years - $50,000
Any amount within 500 feet of school grounds or rec. center*- felony - 5 years - $50,000 * If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.

Sale or Cultivation
Sale less than 1 oz - misdemeanor - 1 year - $5,000
1 oz or more - felony - 5 years - $50,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Maintaining any structure or dwelling for keeping and distributing marijuana - - felony - 5 years - $50,000

Possession of one ounce or less of marijuana in the privacy of the home is legal. The status of possessing an amount between one ounce and four ounces is unclear, pending clarification by the courts. Possession of 4 ounces or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000.

Possession of less than 25 plants is protected under the Alaska Constitution's right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is "Misconduct involving a controlled substance in the fourth degree" and is punishable by a fine of up to $50,000 or five years in prison.

Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000.

Sale, delivery or manufactureof marijuana of less than one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000.

It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana.

Maintaining any structure or dwelling, including vehicles, to use for keeping and distributing marijuana, is a felony offense and punishable by up to five years in prison and a fine of up to $50,000.

Details:
Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
 
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Alaska Lady

New Member
Medical Marijuana in Alaska From NORML site
expanded from waterfalls post.

SUMMARY: Fifty-eight percent of voters approved Ballot Measure #8 on November 3, 1998. The law took effect on March 4, 1999. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana." Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Alaska Department of Health and Social Services. Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.

AMENDMENTS: Yes.

Senate Bill 94, which took effect on June 2, 1999, mandates all patients seeking legal protection under this act to enroll in the state patient registry and possess a valid identification card. Patients not enrolled in the registry will no longer be able to argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

CONTACT INFORMATION: For more information on Alaska's medical marijuana law, please contact:

Alaskans for Medical Rights
P.O. Box 102320
Anchorage, AK 99510
(907) 277-AKMR (2567)

Application information for the Alaska medical marijuana registry is available by writing or calling:

Alaska Department of Health and Social Services
P.O. Box 110699
Juneau, AK 99811-0699
(907) 465-5423
Attention: Terry Ahrens
terry_ahrens@health.state.ak.us
 

Alaska Lady

New Member
Here is an interesting little tidbit of information.

ALASKA RESEARCHERS MAP MARIJUANA TO ITS SOURCE
by Casey Grove, (Source:Anchorage Press) 6/7/07

Law enforcement officers have long suspected that Alaska is both an exporter and an importer of marijuana. Alaska's black market, once thought to be awash in its own excellent marijuana, seems to in fact be a crossroads for some of the best pot in the world.

I knew I moved here for a GOOD reason!
 

Alaska Lady

New Member
Alaska House Bill 149;

Governor signs bill to re-criminalize marijuana; court challenge expected

On Friday, June 2, Gov. Frank Murkowski (R) signed into law H.B. 149 – a bill which has re-criminalized possession of small amounts of marijuana in Alaska. You may raise your voice against this unconstitutional law by writing a letter-to-the-editor expressing your disappointment.

This draconian marijuana legislation, which was wrapped into a much less controversial m*thamphetamine bill, explicitly contradicts a September 2004 Alaska Supreme Court ruling allowing adults aged 21 and older to use and possess up to four ounces of marijuana in the privacy of their homes. The Alaska ACLU plans to challenge the new, blatantly unconstitutional law in court.

As you may know, the battle against H.B. 149 raged on for a year and a half. MPP was originally told that Murkowski’s bill would steamroll resistance within weeks of its introduction in early 2005, but many months of lobbying and grassroots organizing succeeded in blocking it. Dozens of experts and individual citizens took the time to testify before legislative committees, and outstanding individuals like Bill Parker of Alaskans for Marijuana Regulation and Control and Wes Ball-McCloud of the Alaska Civil Liberties Union pounded the halls of the Capitol, getting the right message into the legislators' offices.

We thought we had seen victory when the Alaska House effectively rejected the bill on April 19. However, on May 5, after direct lobbying by the governor, the House voted 21-17 (with two absent) to "rescind" its earlier decision to reject H.B. 149. A minority of state representatives stood up for the legislative process – you can take action today and thank them for this.

This is certainly disappointing, but even in defeat the Alaska campaign shows that there is deep, passionate support in Alaska for allowing adults to possess small amounts of marijuana in their homes. Our polling shows that 56% of Alaskans now say that possession of small amounts of marijuana should be legal.

Thank you for supporting the Marijuana Policy Project. And, if you haven't done so already, please be sure to subscribe to MPP’s free legislative alert service to keep updated about our efforts to stop the re-criminalization of marijuana in Alaska.

Urge your legislator to vote NO on Murkowski's marijuana legislation

The time is short to stop Gov. Frank Murkowski's (R) draconian marijuana legislation -- H.B. 149. Please take a moment to contact your legislators and tell them to vote against any version of H.B. 149 that contains the unconstitutional changes to Alaska's marijuana laws. There are only three weeks left in the session. The time to act is now.

As you know, Murkowski's drive to pass this legislation -- complete with misleading findings -- stalled and drew ridicule last year. Knowing that Murkowski's bill was unlikely to survive more exposure to critique, his cronies on the Senate Finance Committee amended the bill, S.B. 74, to a House bill dealing with manslaughter, m*thamphetamine, and st*roids -- H.B. 149 -- in a desperate attempt to move the legislation forward.

A version of the bill is now before the House and Senate for final passage. Please take a moment to stop H.B. 149.

Murkowski is back and so are his draconian marijuana bills

The Alaska legislature opened its doors on another legislative session on January 9, and Gov. Murkowski (R) has made it clear that undermining privacy rights and jailing more Alaskans for minor marijuana offenses is, again, high on his list of priorities.

Last year, the governor had the legislature introduce twin bills, S.B. 74 and H.B. 96, in attempt to circumvent rulings by Alaska's courts defining the privacy rights of Alaskans and to raise the penalties for marijuana offenses across the board. In response, a dedicated alliance of organizations and individuals, including Alaskans for Marijuana Regulation and Control (AMRC) and the Alaska Civil Liberties Union, along with the Marijuana Policy Project and the national ACLU, launched a heated campaign to stop these bills.

The campaign worked, and the bills stalled in committee, but because Alaska's legislative season spans two sessions, the bills will begin this year where they stalled last year.

The battle will again be uphill, but we are prepared to fight the battle anew and kill these bills for once and for all.

Murkowski's marijuana bills die as regular session ends

After months of uphill fighting, Gov. Frank Murkowski's (R) anti- marijuana bills died at midnight on May 10. The bills, S.B. 74 and H.B. 96, which would have raised the penalties for marijuana-related offenses across the board, were unable to gather momentum after stalling out in the Senate and House Judiciary Committees.

This outcome, which many said was impossible earlier in the year, was made possible by a dedicated alliance of organizations and individuals, including Alaskans for Marijuana Regulation and Control (AMRC) and the Alaska Civil Liberties Union (AkCLU), along with MPP and the national ACLU.

This outcome is the result of a campaign that attacked Murkowski's bills at every level.

AMRC funded statewide radio ads shedding light on several of the more ridiculous measures in the bills. In turn, this helped generate an avalanche of opposition to Murkowski's bills in the opinion pages of Alaska's papers.

The coalition generated thousands of pages of the most current science on marijuana and marshaled experts from all across Alaska, the Lower 48, and Europe to debunk the "findings" that bill proponents had inserted. In the face of the mountain of evidence, bill proponents were forced to pull their initial "findings." They replaced them with a second set of "findings" that were equally false and misleading.

AMRC also helped to generate hundreds of Public Opinion Messages from constituents in targeted districts that flooded legislators' offices throughout the session. Hundreds upon hundreds of Alaskans let their opinions be known, and the legislators responded -- by refusing Murkowski's prods to move the bill.

Just five days before his bills died, Murkowski proclaimed, "I want marijuana -- this session," calling it a "must-have."

But in the end, the wave of public resistance, coupled with the clear weight of the evidence, was too much for Murkowski's bills ... this session. However, it is very likely that Murkowski's bills will be back next session with a new veneer covering their old arguments. And we will be back to fight them.

H.B. 96 and S.B. 74 would have created a new class of felon. According to the Alaska Public Defender Agency, of the 500 misdemeanor cases primarily involving marijuana it handles every year, more than half would have become felonies. If the governor had his way, the penalty for possession of four ounces of marijuana will be the same penalty as for incest with a minor.

Besides dramatically eroding Alaskans' constitutionally guaranteed right to privacy and equating adult marijuana users with violent criminals and sexual offenders, these measures would have cost Alaska millions in prison and court costs. This would have effectively hamstrung Alaska's criminal justice system: Hundreds of people who would have received misdemeanors would have been taking up space for years in state prisons; at the same time, the increased priority of marijuana's felony status would have diverted millions in police man- hours and resources from violent crimes.

And the bills will certainly ensnare medical marijuana patients and their caregivers.

Specifically, H.B. 96 and S.B. 74 proposed the following changes to the law:

Currently, it is a Class B Felony (up to 10 years) to give marijuana to anyone under 19 who is at least three years younger than the offender.

Murkowski's bills would have increased the age to 21 and eliminate the requirement of a three-year age difference.
Currently, it is a Class C Felony (up to five years) for possessing one pound or more of marijuana.

Murkowski's bills would have decreased the weight from one pound or more to four or more ounces of marijuana.
Currently, there is no penalty strictly for possessing marijuana while operating a vehicle.

Murkowski's bills would have created a Class A Misdemeanor (up to one year) penalty for possessing any amount of marijuana while operating a vehicle.
Currently, it is a Class B Misdemeanor (up to 90 days) to possess less than eight ounces of marijuana.
Murkowski's bills would have created three new Class B Misdemeanors:
Transferring or intending to transfer less than 1/2 ounce of marijuana;
Possessing any amount of marijuana while a passenger in a vehicle;
While operating a vehicle, knowingly permitting a passenger to possess marijuana.
Currently, the aggregate weight of live plants for criminal purposes is judged by the weight of the marijuana when reduced to its commonly used form. Murkowski's bills would have changed the standard for determining the aggregate weight of live plants to 1/6 of the weight of the plant after the roots have been removed.








Paid for by Alaskans for Marijuana Regulation and Control

PO Box 242191 :: Anchorage AK :: 99524
 
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Alaska Lady

New Member
Legal issues involving right to privacy, campaign finance, and free speech at the forefront of marijuana news

Last update: December 6, 2006

On June 5, 2006, the ACLU of Alaska filed suit against the state of Alaska challenging the legality of House Bill 149, which had recently been signed in to law by Gov. Frank Murkowski (R). Among other things, House Bill 149 effectively re-criminalized possession of small amounts of marijuana by adults in the privacy of their homes.

The ACLU's complaint alleges that this violates Alaskans' state constitutional right to privacy. The Juneau Superior Court agreed, and it struck down the portion of the new law that made it illegal to possess less than one ounce of marijuana in the privacy of one's home. The Superior Court ruled that the new law conflicted with past decisions by the Alaska Supreme Court, namely, the 1975 Alaska Supreme Court decision in Ravin v. State that allowed adults to possess small amounts of marijuana for personal use.

The state of Alaska has now appealed this decision to the Alaska Supreme Court, with arguments expected to be heard sometime during the spring of 2007. You can click here to find out more about this case, and view documents filed with the court.

In other news, the Marijuana Policy Project is pursuing a case against the Alaska Public Offices Commission (APOC), which is set for oral argument on February 5, 2007. In July of 2005, MPP filed suit against several members of APOC for refusing to investigate a complaint filed against Deputy Drug Czar Scott Burns and the White House Office of National Drug Control Policy (ONDCP). The complaint stemmed from the failure of the drug czar's office to file campaign finance reports showing how much money it spent opposing a 2004 initiative to allow marijuana regulation. Although the measure did not pass, 44% of Alaskan voters voted for the initiative.

Marijuana-related speech that occurred in Alaska has now given rise to a U.S. Supreme Court case that involves the First Amendment. On December 1, 2006, the U.S. Supreme Court accepted an appeal from the Ninth U.S. Circuit Court of Appeals to hear arguments concerning an 18-year-old student's right to exhibit a banner that read "Bong Hits 4 Jesus" at a non-school event held off campus. The student was suspended for 10 days in 2002 for holding up the sign as the Olympic torch relay passed through Juneau. He subsequently filed suit against the school board, alleging that his First Amendment rights had been infringed. The Ninth Circuit agreed, and now the school board has petitioned the U.S. Supreme Court to hear the case. Arguments are expected to take place in late February.

Alaska has always been on the forefront of marijuana reform. MPP's polling shows that 56% of Alaskans now say that possession of small amounts of marijuana should be legal. Additionally, polls in both 2002 and 2006 show public support for Alaska's medical marijuana law at an overwhelming 74%. As a residents of a state that has shown time and again that it believes in the personal freedom of its citizens, each and every one of you are in a unique position to effect real change. You can start by writing to your legislators and asking them to introduce legislation that would remove criminal penalties for adult marijuana use. You can also write letters to your local newspapers that express your support for taxing and regulating marijuana.

If you have questions about marijuana policy reform in Alaska, please contact AMRC at info@regulatemarijuanainalaska.org.
 

Alaska Lady

New Member
Tuesday, July 11, 2006
Judge rules against Alaska marijuana law
By MATT VOLZ

The Associated Press

JUNEAU, Alaska — A judge on Monday struck down part of a new Alaska law criminalizing possession of small amounts of marijuana, saying it conflicts with past constitutional decisions made by the Alaska Supreme Court.

That means the police won't be able charge people with a misdemeanor under the new law for possessing less than 1 ounce of marijuana in their homes.

The state Department of Law was expected to quickly file an appeal with the high court.

Superior Court Judge Patricia Collins said a lower court can't reverse the state Supreme Court's 1975 decision in Ravin v. State. In that case, the Supreme Court ruled the right to privacy in one's home included the possession of small amounts of marijuana for personal use.

"Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law," Collins wrote in her decision.

Collins granted a summary judgment to the American Civil Liberties Union of Alaska, which sued the state when the law took effect in June.

Collins limited her decision to possession of less than 1 ounce of marijuana, even though the new law increases penalties for possession of more than that amount. Before the law took effect in June, it had been legal in Alaska to possess up to 4 ounces of the drug.

Collins said she limited her decision because the ACLU argued that the only issue in this case is the Legislature's power to regulate possession of small amounts of marijuana.

"No specific argument has been advanced in this case that possession of more than 1 ounce of marijuana, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce of marijuana in their homes," Collins wrote.

The new law makes possession of 4 ounces or more a felony. Possession of 1 to 4 ounces is a misdemeanor punishable by up to a year in jail. The part the court ruled against was that less than 1 ounce would be a misdemeanor punishable by up to 90 days in jail.


"Our initial interpretation of this case at this point is that Judge Collins' decision makes it clear that the state has the ability to regulate marijuana uses in amounts greater that 1 ounce," Department of Law spokesman Mark Morones said.

The state Department of Law argued that new findings of marijuana's increased potency since the 1975 decision justify reconsidering the issue.

ACLU of Alaska executive director Michael Macleod-Ball lauded the reasoning behind Collins' decision.

"If a lower court could just overturn a higher court's opinion at any time, our court system would be in disarray," he said. "The notion of privacy in one's home is upheld. That's what we've been saying all along."


Copyright © 2006 The Seattle Times Company
 

odiemea

New Member
Yet The F.e.d's Can & Do Harass & Arrest Doctor's & Patient's
When Both The Dr. & Patient Are Within The State Law
So What Do We The People Do???
Overgrow The Goverment Now!!
 

odiemea

New Member
witch one's already two legislature rep's one from my area have been caught on bribery & other criminal act's
all done against & behind the people who live here
why would anyone even register with the state?
when the state won't protect them specifically medical patient's
& not to get into our privacy invasion by the recent desecration of the ALASKA constitution perpetrated by our last governor & now this palin is doing nothing to correct the damage done by murkowski & his mob
so tell who here in ALASKAN politics is enlightened?
 
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Matanuska Valley

Plant of the Year: 2011 - Member of the Month: April 2011 - Plant of the Month: Mar & April 2011
Alaska Measure 8
FULL TEXT OF PROPOSED LAW

(Modified 6/2/99 by Senate Bill 94, which removed legal protections for medical marijuana patients who refuse to register with the state health department, or who possess greater amounts of marijuana than authorized by state law. The state's present medical marijuana law, approved by 58 percent of voters, affords a legal defense to non-registered patients and those who can demonstrate adequate need to possess large quantities of medical marijuana.)

Be it enacted by the people of the State of Alaska:

Sec. 1. AS 17 is amended by adding a new chapter which reads as follows:

AS 17.35.010. Registry of Patients. (a) The Department shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this chapter. Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the Department's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.

(b) No person shall be permitted to gain access to names of patients, physicians, primary care-givers or any information related to such persons maintained in connection with the Department's confidential registry, except for authorized employees of the Department in the course of their official duties and authorized employees of state or local law enforcement agencies who have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in the possession of a registry identification card or its functional equivalent, pursuant to AS 17.35.010(e).

(c) In order to be placed on the state's confidential registry for the medical uses of marijuana, a patient shall provide to the Department:

(1) the original or a copy of the written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician's conclusion that the patient might benefit from the medical use of marijuana;

(2) the name, address, date of birth, and social security number of the patient;

(3) the name, address, and telephone number of the patient's physician; and

(4) the name and address of the patient's primary care-giver, if one is designated at the time of application.

(d) The Department shall verify all information submitted under AS 17.35.010

(c) within 30 days of receiving it. The Department shall notify the applicant that his or her application for a registry identification card has been denied if its review of the information which the patient has provided discloses that the information required pursuant to AS 17.35.010(c) has not been provided or has been falsified. Otherwise, not more than five days after verifying such information, the Department shall issue a serially numbered registry identification card to the patient stating:

(1) the patient's name, address, date of birth, and social security number;

(2) that the patient's name has been certified to the state health agency as a person who has a debilitating medical condition which the patient may address with the medical use of marijuana;

(3) the dates of issuance and expiration of the registry identification card; and

(4) the name and address of the patient's primary care-giver, if any is designated at the time of application.

(e) If the Department fails to issue a registry identification card within thirty-five days of receipt of an application, the patient's application for such card will be deemed to have been approved. Receipt of an application shall be deemed to have occurred upon delivery to the Department or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the written documentation submitted to the Department and proof of the date of mailing or other transmission of the written documentation for delivery to the Department, which shall be accorded the same legal effect as a registry identification card, until the patient receives actual notice that the application has been denied. No person shall apply for a registry identification card more than once every six months.

(f) The denial of a registry identification card shall be considered a final agency action subject to judicial review. Only the patient whose application has been denied shall have standing to contest the final agency action.

(g) When there has been a change in the name, address, physician, or primary care-giver of a patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. To maintain an effective registry identification card, a patient must annually resubmit updated written documentation to the state health agency, as well as the name and address of the patient's primary care-giver, if any.

(h) A patient who no longer has a debilitating medical condition shall return his or her registry identification card to the Department within twenty-four hours of receiving such diagnosis by his or her physician.
(i) The Department may determine and levy reasonable fees to pay for any administrative costs associated with its roles in this program.

AS 17.35.020. Medical Use of Marijuana. (a) A patient may not engage in the medical use of marijuana with more marijuana than is medically justified to address a debilitating medical condition. A patient's medical use of marijuana within the following limits is lawful:

(1) no more than one ounce of marijuana in usable form; and

(2) no more than six marijuana plants, with no more than three mature and flowering plants producing usable marijuana at any one time.

(b) For quantities of marijuana in excess of the amounts in AS 17.35.020(a), a patient or his or her primary care-giver must prove by a preponderance of the evidence that any greater amount was medically justified to address the patient's debilitating medical condition.

AS 17.35.030. Privileged medical use of marijuana. (a) Except as otherwise provided in AS 17.35.040, no patient or primary care-giver may be found guilty of, or penalized in any manner for, a violation of any provision of law related to the medical use of marijuana, where it is proved by a preponderance of the evidence that:


(1) the patient was diagnosed by a physician as having a debilitating medical condition;

(2) the patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and

(3) the patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section.

(b) Except as otherwise provided in AS 17.35.040, no patient or primary care-giver in lawful possession of a registry identification card shall be subject to arrest, prosecution, or penalty in any manner for medical use of marijuana or for applying to have his or her name placed on the confidential register maintained by the Department.

(c) No physician shall be subject to any penalty, including arrest, prosecution, disciplinary proceeding, or be denied any right or privilege, for:

(1) Advising a patient whom the physician has diagnosed as having a debilitating medical condition, about the risks and benefits of medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship; or

(2) Providing a patient with a written documentation, based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana.

(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, cultivation, use, sale, distribution, and/or transportation of marijuana for non-medical use.

(e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state or local law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver, in connection with the claimed medical use of marijuana shall be returned immediately upon the determination that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal.

AS 17.35.040. Restrictions on medical use of marijuana. (a) No patient in lawful possession of a registry identification card shall:

(1) engage in the medical use of marijuana in a way that endangers the health or well-being of any person;

(2) engage in the medical use of marijuana in plain view of, or in a place open to, the general public; or

(3) sell or distribute marijuana to any person who is known to the patient not to be either in lawful possession of a registry identification card or eligible for such card.

(b) Any patient found by a preponderance of the evidence to have willfully violated the provisions of this chapter shall be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of one year.

(c) No governmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana.

(d) Nothing in this section shall require any accommodation of any medical use of marijuana:

1. in any place of employment;

2. in any correctional facility;

3. on or within 500 feet of school grounds;

4. at or within 500 feet of a recreation or youth center; or;

5. on a school bus.;

AS 17.35.050. Medical use of marijuana by a minor. Notwithstanding AS 17.35.030

(a), no patient who has not reached the age of majority under AS 25.20 or who has not had the disabilities of a minor removed under AS 09.55.590 shall engage in the medical use of marijuana unless: (a) his or her physician has diagnosed the patient as having a debilitating medical condition;

(b) the physician has explained the possible risks and benefits of medical use of marijuana to the patient and one of the patient's parents or legal guardians residing in Alaska, if any;

(c) the physician has provided the patient with the written documentation specified in AS 17.35.010(c) (1);

(d) the patient's parent or legal guardian referred to in AS 17.35.050(b), consents to the Department in writing to serve as the patient's primary care-giver and to permit the patient to engage in the medical use of marijuana;

(e) the patient completes and submits an application for a registry identification card and the written consent referred to in AS 17.35.050(d) to the Department and receives a registry identification card;

(f) the patient and the primary care-giver collectively possess amounts of marijuana no greater than those specified in AS 17.35.020(a) (1) and (2); and

(g) the primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient.

AS 17.35.060. Addition of debilitating medical conditions. Not later than June 1, 1999, the Department shall promulgate regulations under the Administrative Procedure Act governing the manner in which it may consider adding debilitating medical conditions to the list provided in this section. After June 1, 1999, the Department shall also accept for consideration physician or patient initiated petitions to add debilitating medical conditions to the list provided in this section and, after hearing, shall approve or deny such petitions within one hundred eighty days of submission. The denial of such a petition shall be considered a final agency action subject to judicial review.

AS 17.35.070. Definitions. In this chapter, unless the context clearly requires otherwise: (a) "Correctional facility" means a state prison institution operated and managed by employees of the Department of Corrections or provided to the Department of Corrections by agreement under AS 33.30.031 for the care, confinement or discipline of prisoners.

(b) "Debilitating medical condition" means:

(1) cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for any of these conditions;

(2) any chronic or debilitating disease or treatment for such diseases, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; or

(3) any other medical condition, or treatment for such condition, approved by the Department, pursuant to its authority to promulgate regulations or its approval of any petition submitted by a patient or physician under AS 17.35.060.

(c) "Department" means the Department of Health and Social Services;

(d) "Medical use" means the acquisition, possession, cultivation, use, and/or transportation of marijuana and/or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a debilitating medical condition only after a physician has authorized such medical use by a diagnosis of the patient's debilitating medical condition.

(e) "Patient" means a person who has a debilitating medical condition.

(f) "Physician" means a person licensed to practice medicine in this state or an officer in the regular medical service of the armed forces of the United States or the United States Public Health Service while in the discharge of their official duties, or while volunteering services without pay or other remuneration to a hospital, clinic, medical office, or other medical facility in this state;

(g) "Primary care-giver" means a person, other than the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.

(h) "Prisoner" means a person detained or confined in a correctional facility, whether by arrest, conviction, or court order, or a person held as a witness or otherwise, including municipal prisoners held under contract and juveniles held under the authority of AS 47.10.

(i) "Registry identification card" means a document issued by the Department which identifies a patient authorized to engage in the medical use of marijuana and the patient's primary care-giver, if any.

(j) "Usable form" and "usable marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) Cannabis, but does not include the stalks or roots.

(k) "Written documentation" means a statement signed by a patient's physician or copies of the patient's pertinent medical records.

AS 17.35.080. Short title AS 17.35.010 -- 17.35.070 may be cited as the Medical Uses of Marijuana for Persons Suffering From Debilitating Medical Conditions Act.

Sec. 2. AS 11.71.190 (b) is amended to read:

Sec. 11.71.190 (b). Schedule VIA. Marijuana is a schedule VIA controlled substance except for marijuana possessed for medical purposes under AS 17.35.
 

Matanuska Valley

Plant of the Year: 2011 - Member of the Month: April 2011 - Plant of the Month: Mar & April 2011
Alaska S.B. 94
Effective 6/2/99

"An Act relating to the medical use of marijuana; and providing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 11.71 is amended by adding a new section to article 1 to read:

Sec. 11.71.090. Affirmative defense to a prosecution under AS 11.71.030 - 11.71.060; medical use of marijuana.

(a) In a prosecution under AS 11.71.030 - 11.71.060 charging the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display of a schedule VIA controlled substance, it is an affirmative defense that the defendant is a patient, or the primary caregiver or alternate caregiver for a patient, and

(1) at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display, the patient was registered under 13 AS 17.37;

(2) the manufacture, delivery, possession, possession with intent to manufacture, deliver, use, or display complied with the requirements of AS 17.37; and

(3) if the defendant is the

(A) primary caregiver of the patient, the defendant was in physical possession of the caregiver registry identification card at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display; or

(B) alternate caregiver of the patient, the defendant was in physical possession of the caregiver registry identification card at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display.

(b) In this section,

(1) "alternate caregiver" has the meaning given in AS 17.37.070;

(2) "patient" has the meaning given in AS 17.37.070;

(3) "primary caregiver" has the meaning given in AS 17.37.070.

Sec. 2. AS 11.71.190(b) is amended to read:

(b) Marijuana is a schedule VIA controlled substance [EXCEPT FOR MARIJUANA POSSESSED FOR MEDICAL PURPOSES UNDER AS 17.37].

Sec. 3. AS 17.37.010 is amended to read:

Sec. 17.37.010. Registry of patients and listing of caregivers [PATIENTS].

(a) The department shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set out [FORTH] in this chapter.

The registry must also contain the name of the primary caregiver and the name of the alternate caregiver of a patient, if either is designated by the patient. Only one primary caregiver and one alternate caregiver may be listed in the registry for a patient. The registry and the information contained within it are not a public record under AS 09.25.100 - 09.25.220. Peace officers and authorized employees of state or municipal [LOCAL] law enforcement agencies shall be granted access to the information contained within the department's confidential registry only

(1) for the purpose of verifying that an individual who [THAT] has 31 presented a registry identification card to a state or municipal [LOCAL] law enforcement official is lawfully in possession of such card ; or

(2) for the purpose of determining that an individual who claims to be lawfully engaged in the medical use of marijuana is registered or listed with the department or is considered to be registered or listed under (g) of this section.

(b) Except as provided in (a) of this section, a [NO] person , other than authorized employees of the department in the course of their official duties, may not [SHALL] be permitted to gain access to names of patients, physicians, primary or alternate caregivers, [CARE-GIVERS] or any information related to such persons maintained in connection with the department's confidential registry [EXCEPT FOR AUTHORIZED EMPLOYEES OF THE DEPARTMENT IN THE COURSE OF THEIR OFFICIAL DUTIES AND AUTHORIZED EMPLOYEES OF STATE OR LOCAL LAW ENFORCEMENT AGENCIES WHO HAVE STOPPED OR ARRESTED A PERSON WHO CLAIMS TO BE ENGAGED IN THE MEDICAL USE OF MARIJUANA AND IN THE POSSESSION OF A REGISTRY IDENTIFICATION CARD OR ITS FUNCTIONAL EQUIVALENT PURSUANT TO 1 (e) OF THIS SECTION].

(c) In order to be placed on the state's confidential registry for the medical use [USES] of marijuana, an adult [A] patient or a parent or guardian of a minor patient shall provide to the department

(1) a statement signed by the patient's physician

(A) stating that the physician personally examined the patient and that the examination took place in the context of a bona fide physician-patient relationship and setting out the date the examination occurred;

(B) [THE ORIGINAL OR A COPY OF WRITTEN DOCUMENTATION] stating that the patient has been diagnosed with a 27 debilitating medical condition ; and

(C) stating that the physician has considered other approved medications and treatments that might provide relief, [AND THE PHYSICIAN'S CONCLUSION] that are reasonably available to the patient, and that can be tolerated by the patient , and that the physician has concluded that the patient might benefit from the medical use of marijuana;

(2) a sworn application on a form provided by the department containing the following information:

(A) the name, address, date of birth, and Alaska driver's license or identification card [SOCIAL SECURITY] number of the patient;

(B) [(3)] the name, address, and telephone number of the patient's physician; and

(C) [(4)] the name , [AND] address , date of birth, and Alaska driver's license or identification card number of the patient's primary caregiver and alternate caregiver [CARE-GIVER,] if either [ONE] is designated at the time of application , along with the statements required under (d) of this section; and

(3) if the patient is a minor, a statement by the minor's parent or guardian that the patient's physician has explained the possible risks and benefits of medical use of marijuana and that the parent or guardian consents to serve as the primary caregiver for the patient and to control the acquisition, possession, dosage, and frequency of use of marijuana by the patient.

(d) A person may be listed under this section as the primary caregiver or alternate caregiver for a patient if the person submits a sworn statement on a form provided by the department that the person

(1) is at least 21 years of age;

(2) has never been convicted of a felony offense under AS 11.71 or AS 11.73 or a law or ordinance of another jurisdiction with elements similar to an offense under AS 11.71 or AS 11.73; and

(3) is not currently on probation or parole from this or another jurisdiction.

(e) A person may be a primary caregiver or alternate caregiver for only one patient at a time unless the primary caregiver or alternate caregiver is simultaneously caring for two or more patients who are related to the caregiver by at least the fourth degree of kinship by blood or marriage.

(f) The department shall review the application and [VERIFY] all 01 information submitted under (c) and (d) of this section within 30 days of receiving it. The department shall notify the patient [APPLICANT] that the patient's [HIS OR HER] application for a registry identification card has been denied if the department's [ITS] review of the information that [WHICH] the patient has provided discloses that the information required under [PURSUANT TO] (c) of this section has not been provided or has been falsified or that the patient is not otherwise qualified to be registered. If the department determines that the primary caregiver or alternate caregiver is not qualified under this section to be a primary caregiver or alternate caregiver, or if the information required under this section has not been provided or has been falsified, the department shall notify the patient of that determination and shall proceed to review the patient's application as if a primary caregiver or alternate caregiver was not designated. The patient may amend the application and designate a new primary caregiver or alternate caregiver at any time. The department may not list a newly designated primary caregiver or alternate caregiver until it determines that the newly designated primary caregiver or alternate caregiver is qualified under this section and that the information required under this section has been provided. Otherwise, not more than five days after verifying the [SUCH] information, the department shall issue a [SERIALLY NUMBERED] registry identification card to the patient , and, if a primary caregiver for a patient has been listed in the registry, the department shall issue to the patient a duplicate of the patient's card clearly identified as the caregiver registry identification card, stating

(1) the patient's name, address, date of birth, and Alaska driver's license or identification card [SOCIAL SECURITY] number;

(2) that the patient is registered with the department [PATIENT'S NAME HAS BEEN CERTIFIED TO THE STATE HEALTH AGENCY] as a person who has a debilitating medical condition that [WHICH] the patient may address with the medical use of marijuana;

(3) the dates of issuance and expiration of the registry identification card; and

(4) the name , [AND] address , date of birth, and Alaska driver's 01 license or identification card number of the patient's primary caregiver and alternate caregiver [CARE-GIVER], if either [ANY] is designated [AT THE TIME OF APPLICATION].

(g) [(e)] If the department fails to deny the application and issue a registry identification card within 35 days of receipt of an application, the patient's application for the [SUCH] card is considered [WILL BE DEEMED] to have been approved. Receipt of an application shall be considered [DEEMED] to have occurred upon delivery to the department [OR DEPOSIT IN THE UNITED STATES MAILS]. Notwithstanding this subsection, an [THE FOREGOING, NO] application may not [SHALL] be considered to have been [DEEMED] received before [PRIOR TO] June 1, 1999. If the department subsequently registers a patient or lists a primary caregiver or alternate caregiver, if either is designated, or denies the application or listing, that registration or listing or denial revokes the approval that is considered to have occurred under this subsection.

(h) A patient or a primary caregiver who is questioned by a [ANY] state or municipal [LOCAL] law enforcement official about the patient's or primary caregiver's [HIS OR HER] medical use of marijuana shall immediately show proper identification to the official and inform the official that the person is a registered patient or listed primary caregiver for a registered patient and either show the official

(1) the person's registry identification card, or

(2) [PROVIDE] a copy of an application that has been pending without registration or denial for over 35 days since received by [THE WRITTEN DOCUMENTATION SUBMITTED TO] the department and proof of the date of [MAILING OR OTHER TRANSMISSION OF THE WRITTEN DOCUMENTATION FOR] delivery to the department, which shall be accorded the same legal effect as a registry identification card [,] until the patient receives actual notice that the application has been denied.

(i) A [NO] person may not [SHALL] apply for a registry identification card more than once every six months.

(j) [(f)] The denial or revocation of a registry identification card or the removal of a patient from the registry or the listing of a caregiver shall be considered a final agency action subject to judicial review. Only the patient , or the parent or guardian of a patient who is a minor, has [WHOSE APPLICATION HAS BEEN DENIED SHALL HAVE] standing to contest the final agency action.

(k) [(g)] When there has been a change in the name, address, or physician [OR PRIMARY CARE-GIVER] of a patient who has qualified for a registry identification card, or a change in the name or address of the patient's primary caregiver or alternate caregiver, that patient must notify the department [STATE HEALTH AGENCY] of the [ANY SUCH] change within 10 days. To maintain an effective registry identification card, a patient must annually resubmit updated written documentation, including a statement signed by the patient's physician containing the information required to be submitted under (c)(1) of this section, to the department [STATE HEALTH AGENCY], as well as the name and address of the patient's primary caregiver or alternate caregiver [CARE-GIVER], if any.

(l) [(h)] A patient who no longer has a debilitating medical condition and the patient's primary caregiver, if any, shall return all [HIS OR HER] registry identification cards [CARD] to the department within 24 hours of receiving the [SUCH] diagnosis by the patient's [HIS OR HER] physician.

(m) A copy of a registry identification card is not valid. A registry 18 identification card is not valid if the card has been altered, mutilated in a way that impairs its legibility, or laminated.

(n) The department may revoke a patient's registration if the department determines that the patient has violated a provision of this chapter or AS 11.71.

(o) The department may remove a primary caregiver or alternate caregiver from the registry if the department determines that the primary caregiver or alternate caregiver is not qualified to be listed or has violated a provision of this chapter or AS 11.71.

(p) [(i)] The department may determine and levy reasonable fees to pay for any administrative costs associated with its [THEIR] role in administering this chapter [THIS PROGRAM].

(q) A primary caregiver may only act as the primary caregiver for the patient when the primary caregiver is in physical possession of the caregiver registry identification card. An alternate caregiver may only act as the primary caregiver for the patient when the alternate caregiver is in physical possession of the caregiver registry identification card.

(r) The department may not register a patient under this section unless the statement of the patient's physician discloses that the patient was personally examined by the physician within the 16-month period immediately preceding the patient's application. The department shall cancel, suspend, revoke or not renew the registration of a patient whose annual resubmission of updated written documentation to the department under (k) of this section does not disclose that the patient was personally examined by the patient's physician within the 16-month period immediately preceding the date by which the patient is required to annually resubmit written documentation.

Sec. 4. AS 17.37.030 is amended to read:

Sec. 17.37.030. Privileged medical use of marijuana.

(a) A patient, primary caregiver, or alternate caregiver registered with the department under this chapter has an affirmative defense to a criminal prosecution related to marijuana to the extent provided in AS 11.71.090 [EXCEPT AS OTHERWISE PROVIDED IN AS 17.37.040, NO PATIENT OR PRIMARY CARE-GIVER MAY BE FOUND GUILTY OF, OR PENALIZED IN ANY MANNER FOR, A VIOLATION OF ANY PROVISION OF LAW RELATED TO THE MEDICAL USE OF MARIJUANA, WHERE IT IS PROVED BY A PREPONDERANCE OF THE EVIDENCE THAT

(1) THE PATIENT WAS DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION;

(2) THE PATIENT WAS ADVISED BY HIS OR HER PHYSICIAN, IN THE CONTEXT OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, THAT THE PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA IN CONNECTION WITH A DEBILITATING MEDICAL CONDITION; AND

(3) THE PATIENT AND HIS OR HER PRIMARY CARE-GIVER WERE COLLECTIVELY IN POSSESSION OF AMOUNTS OF MARIJUANA ONLY AS PERMITTED UNDER THIS SECTION].

(b) Except as otherwise provided by law, a person is not [IN AS 17.37.040, NO PATIENT OR PRIMARY CARE-GIVER IN LAWFUL POSSESSION OF A REGISTRY IDENTIFICATION CARD SHALL BE] subject to arrest, prosecution, or penalty in any manner for [MEDICAL USE OF MARIJUANA OR FOR] applying to have the person's [HIS OR HER] name placed on the confidential registry [REGISTER] maintained by the department under AS 17.37.010.

(c) A [NO] physician is not [SHALL BE] subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of [BE DENIED] any right or privilege, for

(1) advising a patient whom the physician has diagnosed as having a debilitating medical condition [,] about the risks and benefits of medical use of marijuana or that the patient [HE OR SHE] might benefit from the medical use of marijuana [,] provided that the [SUCH] advice is based upon the physician's contemporaneous assessment in the context of a bona fide physician-patient relationship of

(A) the patient's medical history and current medical condition ; and

(B) other approved medications and treatments that might provide relief and that are reasonably available to the patient and that can be tolerated by the patient [AND A BONA FIDE PHYSICIAN-PATIENT 21 RELATIONSHIP]; or

(2) providing a patient with a written statement in an application for registration under AS 17.37.010 [WRITTEN DOCUMENTATION, BASED UPON THE PHYSICIAN'S CONTEMPORANEOUS ASSESSMENT OF THE PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION AND A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, STATING THAT THE PATIENT HAS A DEBILITATING MEDICAL CONDITION AND MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA].

(d) Notwithstanding the [FOREGOING] provisions of this section, a [, NO] person, including a patient, [OR] primary caregiver, or alternate caregiver, is not [CARE-GIVER, SHALL BE] entitled to the protection of this chapter [SECTION] for the person's [HIS OR HER] acquisition, possession, cultivation, use, sale, distribution, or [AND/OR] transportation of marijuana for nonmedical [NON-MEDICAL] use.

[(e) ANY PROPERTY INTEREST THAT IS POSSESSED, OWNED, OR USED IN CONNECTION WITH THE MEDICAL USE OF MARIJUANA, OR ACTS INCIDENTAL TO SUCH USE, SHALL NOT BE HARMED, NEGLECTED, INJURED, OR DESTROYED WHILE IN THE POSSESSION OF STATE OR LOCAL LAW ENFORCEMENT OFFICIALS WHERE SUCH PROPERTY HAS BEEN SEIZED IN CONNECTION WITH THE CLAIMED MEDICAL USE OF MARIJUANA. ANY SUCH PROPERTY INTEREST SHALL NOT BE FORFEITED UNDER ANY PROVISION OF STATE OR LOCAL LAW PROVIDING FOR THE FORFEITURE OF PROPERTY OTHER THAN AS A SENTENCE IMPOSED AFTER CONVICTION OF A CRIMINAL OFFENSE OR ENTRY OF A PLEA OF GUILTY TO SUCH OFFENSE. MARIJUANA AND PARAPHERNALIA SEIZED BY STATE OR LOCAL LAW ENFORCEMENT OFFICIALS FROM A PATIENT OR PRIMARY CARE-GIVER IN CONNECTION WITH THE CLAIMED MEDICAL USE OF MARIJUANA SHALL BE RETURNED IMMEDIATELY UPON THE DETERMINATION THAT THE PATIENT OR PRIMARY CARE-GIVER IS ENTITLED TO THE PROTECTION CONTAINED IN THIS SECTION AS MAY BE EVIDENCED, FOR EXAMPLE, BY A DECISION NOT TO PROSECUTE, THE DISMISSAL OF CHARGES, OR ACQUITTAL.]

Sec. 5. AS 17.37.040 is amended to read:

Sec. 17.37.040. Restrictions on medical use of marijuana.

(a) A [NO] patient , primary caregiver, or alternate caregiver may not [IN LAWFUL POSSESSION OF A REGISTRY IDENTIFICATION CARD SHALL]

(1) engage in the medical use of marijuana in a way that endangers the health or well-being of any person;

(2) engage in the medical use of marijuana in plain view of, or in a place open to, the general public; this paragraph does not prohibit a patient or primary caregiver from possessing marijuana in a place open to the general public if

(A) the person possesses, in a closed container carried on the person, one ounce or less of marijuana in usable form;

(B) the marijuana is not visible to anyone other than the patient or primary caregiver; and

(C) the possession is limited to that necessary to transport the marijuana directly to the patient or primary caregiver or directly to a place where the patient or primary caregiver may lawfully possess or use the marijuana; [OR]

(3) sell or distribute marijuana to any person , except that a patient may deliver marijuana to the patient's primary caregiver and a primary caregiver may deliver marijuana to the patient for whom the caregiver is listed; or

(4) possess in the aggregate more than

(A) one ounce of marijuana in usable form; and

(B) six marijuana plants, with no more than three mature and flowering plants producing usable marijuana at any one time [WHO IS KNOWN TO THE PATIENT NOT TO BE EITHER IN LAWFUL POSSESSION OF A REGISTRY IDENTIFICATION CARD OR ELIGIBLE FOR SUCH CARD].

(b) Any patient found by a preponderance of the evidence to have knowingly [WILLFULLY] violated the provisions of this chapter shall be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of one year. In this subsection, "knowingly" has the meaning given in AS 11.81.900.

(c) A [NO] governmental, private, or [ANY] other health insurance provider is not [SHALL BE REQUIRED TO BE] liable for any claim for reimbursement for expenses associated with [THE] medical use of marijuana.

(d) Nothing in this chapter requires [SECTION SHALL REQUIRE] any accommodation of any medical use of marijuana

(1) in any place of employment;

(2) in any correctional facility , medical facility, or facility monitored by the department or the Department of Administration;

(3) on or within 500 feet of school grounds;

(4) at or within 500 feet of a recreation or youth center; or

(5) on a school bus.

Sec. 6. AS 17.37.060 is amended to read:

Sec. 17.37.060. Addition of debilitating medical conditions. Not later than 90 days after the effective date of this Act [JUNE 1, 1999], the department shall adopt [PROMULGATE] regulations under AS 44.62 (Administrative Procedure Act) governing the manner in which it may consider adding debilitating medical conditions to the list provided in AS 17.37.070 [THIS SECTION]. After the adoption of the regulations [JUNE 1, 1999], the department shall also accept for consideration physician or patient initiated petitions to add debilitating medical conditions to the list provided in AS 17.37.070 [THIS SECTION] and, after hearing, shall approve or deny the [SUCH] petitions within 180 days of submission. The denial of [SUCH] a petition shall be considered a final agency action subject to judicial review.

Sec. 7. AS 17.37.070 is amended to read:

Sec. 17.37.070. Definitions. In this chapter, unless the context clearly requires otherwise,

(1) "alternate caregiver" means a person who is listed as an alternate caregiver under AS 17.37.010;

(2) "bona fide physician-patient relationship" means that the physician obtained a patient history, performed an in-person physical examination of the patient, and documented written findings, diagnoses, recommendations, and prescriptions in written patient medical records maintained by the physician;

(3) "correctional facility" has the meaning given in AS 33.30.901 [MEANS A STATE PRISON INSTITUTION OPERATED AND MANAGED BY EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OR PROVIDED TO THE DEPARTMENT OF CORRECTIONS BY AGREEMENT UNDER AS 33.30.031 FOR THE CARE, CONFINEMENT OR DISCIPLINE OF PRISONERS];

(4) [(2)] "debilitating medical condition" means

(A) cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for any of these conditions;

(B) any chronic or debilitating disease or treatment for such diseases, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; or

(C) any other medical condition, or treatment for such condition, approved by the department, under [PURSUANT TO ITS AUTHORITY TO PROMULGATE] regulations adopted under AS 17.37.060 or [ITS] approval of a [ANY] petition submitted [BY A PATIENT OR PHYSICIAN] under AS 17.37.060;

(5) [(3)] "department" means the Department of Health and Social Services;

(6) "facility monitored by the department or the Department of 16 Administration" means an institution, building, office, or home operated by the department or the Department of Administration, funded by the department or the Department of Administration, under contract with the department or Department of Administration, inspected by the department or the Department of Administration, designated by the department or the Department of Administration, or licensed by the department or the Department of Administration, for the care of

(A) juveniles; for the purposes of this subparagraph, "institution" includes a foster home and a group home, and a juvenile detention facility; a juvenile detention home, a juvenile work camp, and a treatment facility, as those terms are defined in AS 47.14.990;

(B) the elderly; for the purposes of this subparagraph, "institution" includes an assisted living home as defined in AS 47.33.990 and a Pioneers' Home operated under AS 47.55;

(C) the mentally ill; for the purposes of this subparagraph, "institution" includes a designated treatment facility and an evaluation facility, as those terms are defined in AS 47.30.915;

(7) "medical facility" means an institution, building, office, or home 03 providing medical services, and includes a hospital, clinic, psician's office, or health facility as defined in AS 47.07.900, and a facility providing hospice care or rehabilitative services, as those terms are defined in AS 47.07.900;

(8) [(4)] "medical use" means the acquisition, possession, cultivation, use or [AND/OR] transportation of marijuana or [AND/OR] paraphernalia related to the administration of [SUCH] marijuana to alleviate [ADDRESS THE SYMPTOMS OR EFFECTS OF] a debilitating medical condition under the provisions of this chapter and AS 11.71.090 [ONLY AFTER A PHYSICIAN HAS AUTHORIZED SUCH MEDICAL USE BY A DIAGNOSIS OF THE PATIENT'S DEBILITATING MEDICAL CONDITION];

(9) [(5)] "patient" means a person who has a debilitating medical condition;

(10) [(6)] "physician" means a person licensed to practice medicine in this state or an officer in the regular medical service of the armed forces of the United States or the United States Public Health Service while in the discharge of their official duties, or while volunteering services without pay or other remuneration to a hospital, clinic, medical office, or other medical facility in this state;

(11) [(7)] "primary caregiver [CARE-GIVER]" means a person listed as a primary caregiver under AS 17.37.010 and in physical possession of a caregiver registry identification card; "primary caregiver" also includes an alternate caregiver when the alternate caregiver is in physical possession of the caregiver registry identification card [OTHER THAN THE PATIENT'S PHYSICIAN, WHO IS 18 YEARS OF AGE OR OLDER AND HAS SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT WHO HAS A DEBILITATING MEDICAL CONDITION];

(12) [(8) "PRISONER" MEANS A PERSON DETAINED OR CONFINED IN A CORRECTIONAL FACILITY, WHETHER BY ARREST, CONVICTION, OR COURT ORDER, OR A PERSON HELD AS A WITNESS OR OTHERWISE, INCLUDING MUNICIPAL PRISONERS HELD UNDER CONTRACT AND JUVENILES HELD UNDER THE AUTHORITY OF AS 47.10;

(9) "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT ISSUED BY THE DEPARTMENT WHICH IDENTIFIES A PATIENT AUTHORIZED TO ENGAGE IN THE MEDICAL USE OF MARIJUANA AND THE PATIENT'S PRIMARY CARE-GIVER, IF ANY;

(10) "Usable form" and "usable marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, but does not include the stalks or roots;

(11) "WRITTEN DOCUMENTATION" MEANS A STATEMENT SIGNED BY A PATIENT'S PHYSICIAN OR COPIES OF THE PATIENT'S PERTINENT MEDICAL RECORDS].

Sec. 8. AS 17.37.020 and 17.37.050 are repealed.

Sec. 9. This Act takes effect immediately under AS 01.10.070(c).
 

Alaska Lady

New Member
Those are the expanded version of the law and hopefully it will be helpful to other MMJ patients that are accused, harrased, or arrested under MMJ laws. I know it has been a help to us.

:60:
 

matsume

New Member
thanks guys alot of info to sort out but basicly if i keep it small n very very low key should be no worries eh? minimal worries anyway
 
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