SB 94: "An Act relating to the medical use of marijuana; and providing for an effective date."
00SENATE BILL NO. 94 01 "An Act relating to the medical use of marijuana; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.71 is amended by adding a new section to article 1 to read: 05 Sec. 11.71.090. Affirmative defense to a prosecution under AS 11.71.030 - 06 11.71.060; medical use of marijuana. (a) In a prosecution under AS 11.71.030 - 07 11.71.060 charging the manufacture, delivery, possession, possession with intent to 08 manufacture or deliver, use, or display of a schedule VIA controlled substance, it is 09 an affirmative defense that the defendant is a patient, or the primary caregiver for a 10 patient, and 11 (1) the patient is currently registered under AS 17.37, that registration 12 has not expired or been revoked, and, within the previous six months, the patient was 13 (A) personally examined and diagnosed by a physician 14 (i) as having a debilitating medical condition; and
01 (ii) in the context of a bona fide physician-patient 02 relationship; and 03 (B) given a written statement by the physician described in (A) 04 of this paragraph that sets out the physician's conclusion that 05 (i) there are no other legal treatments that can be 06 tolerated by the patient that are as effective in alleviating the 07 debilitating medical condition; and 08 (ii) the patient might benefit from the ingestion of 09 marijuana; 10 (2) the entire amount of marijuana manufactured, delivered, possessed, 11 possessed with intent to manufacture or deliver, used, or displayed was intended by the 12 defendant to be ingested by the patient in accordance with the written statement 13 described in (1)(B) of this subsection; 14 (3) if the defendant is charged with having possessed, used, or 15 displayed marijuana, the conduct occurred 16 (A) inside the residence of the patient or the primary caregiver 17 of the patient, if any; or 18 (B) under the supervision of the patient's physician in a hospital, 19 medical clinic, medical office, or other medical premises; 20 (4) if the defendant is charged with having delivered, or possessed with 21 intent to deliver, marijuana, the 22 (A) conduct occurred inside the residence of the patient or 23 primary caregiver of the patient, if any; and 24 (B) patient and the primary caregiver of the patient, if any, were 25 the only parties to the conduct; 26 (5) if the defendant is charged with having manufactured, or possessed 27 with intent to manufacture, marijuana, the conduct occurred inside the residence of the 28 patient or the primary caregiver of the patient, if any; 29 (6) the patient and the primary caregiver of the patient, if any, together 30 possessed an aggregate amount of marijuana for that patient's medical use of 31 (A) one ounce or less in usable form; and
01 (B) six or fewer marijuana plants of which no more than three 02 were mature or flowering plants capable of producing usable marijuana; and 03 (7) if the defendant is the primary caregiver of a patient, the defendant 04 is currently registered as the primary caregiver of the patient under AS 17.37. 05 (b) In this section, 06 (1) "bona fide physician-patient relationship" has the meaning given in 07 AS 17.37.070; 08 (2) "correctional facility" has the meaning given in AS 33.30.901; 09 (3) "debilitating medical condition" has the meaning given in 10 AS 17.37.070; 11 (4) "facility monitored by the department or the Department of 12 Administration" has the meaning given in AS 17.37.070; 13 (5) "patient" has the meaning given in AS 17.37.070; 14 (6) "physician" has the meaning given in AS 17.37.070; 15 (7) "primary caregiver" has the meaning given in AS 17.37.070; 16 (8) "residence" means a person's primary place of abode, where the 17 person intends to reside indefinitely; "residence" does not include a correctional facility 18 or a facility monitored by the department or Department of Administration; 19 (9) "usable form" means the seeds, leaves, buds, and flowers of the 20 marijuana plant, including stalks commonly used in ingesting marijuana, but does not 21 include roots or unusable stalks. 22 * Sec. 2. AS 11.71.190(b) is amended to read: 23 (b) Marijuana is a schedule VIA controlled substance [EXCEPT FOR 24 MARIJUANA POSSESSED FOR MEDICAL PURPOSES UNDER AS 17.37]. 25 * Sec. 3. AS 17.37.010 is amended to read: 26 Sec. 17.37.010. Registry of patients and primary caregivers [PATIENTS]. 27 (a) The department shall create and maintain a [CONFIDENTIAL] registry of patients 28 who have applied for and are entitled to receive a registry identification card according 29 to the criteria set out [FORTH] in this chapter. The registry must also contain the 30 name of the primary caregiver of a patient, if any. Only one primary caregiver 31 may be registered by the department for a patient [AUTHORIZED EMPLOYEES
01 OF STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL BE GRANTED 02 ACCESS TO THE INFORMATION CONTAINED WITHIN THE DEPARTMENT'S 03 CONFIDENTIAL REGISTRY ONLY FOR THE PURPOSE OF VERIFYING THAT 04 AN INDIVIDUAL THAT HAS PRESENTED A REGISTRY IDENTIFICATION 05 CARD TO A STATE OR LOCAL LAW ENFORCEMENT OFFICIAL IS 06 LAWFULLY IN POSSESSION OF SUCH CARD]. 07 (b) The registry and the information contained in it are confidential and 08 are not a public record under AS 09.25.100 - 09.25.220. Access to the registry is 09 limited to [NO PERSON SHALL BE PERMITTED TO GAIN ACCESS TO NAMES 10 OF PATIENTS, PHYSICIANS, PRIMARY CARE-GIVERS OR ANY 11 INFORMATION RELATED TO SUCH PERSONS MAINTAINED IN 12 CONNECTION WITH THE DEPARTMENT'S CONFIDENTIAL REGISTRY, 13 EXCEPT FOR] authorized employees of the department in the course of their official 14 duties and to peace officers and authorized employees of [STATE OR LOCAL] law 15 enforcement agencies of this state or a municipality of this state in the course of 16 a criminal investigation or prosecution or for the purpose of verifying that a 17 person who has presented a registry identification card or who otherwise claims 18 to be lawfully engaged in the medical use of marijuana is registered with the 19 department or is considered to be registered with the department under (f) [WHO 20 HAVE STOPPED OR ARRESTED A PERSON WHO CLAIMS TO BE ENGAGED 21 IN THE MEDICAL USE OF MARIJUANA AND IN THE POSSESSION OF A 22 REGISTRY IDENTIFICATION CARD OR ITS FUNCTIONAL EQUIVALENT 23 PURSUANT TO (e)] of this section. 24 (c) In order to be placed on the state's confidential registry for the medical use 25 [USES] of marijuana, an adult [A] patient or a parent or guardian of a minor 26 patient shall provide to the department 27 (1) a statement signed by the patient's physician 28 (A) in the context of a bona fide physician-patient 29 relationship, [THE ORIGINAL OR A COPY OF WRITTEN 30 DOCUMENTATION] stating that the patient has been diagnosed with a 31 debilitating medical condition ; and
01 (B) setting out the grounds for [AND] the physician's 02 conclusion that there is no other legal treatment that can be tolerated by the 03 patient that is as effective in alleviating the debilitating medical condition 04 and that might benefit from the medical use of marijuana; 05 (2) the name, address, date of birth, and social security number of the 06 patient; 07 (3) the name, address, and telephone number of the patient's physician; 08 [AND] 09 (4) the name , [AND] address , date of birth, and social security 10 number of the patient's primary caregiver [CARE-GIVER,] if one is designated at the 11 time of application ; and 12 (5) if the patient is a minor, a statement by the minor's parent or 13 guardian that the patient's physician has explained the possible risks and benefits 14 of medical use of marijuana and that the parent or guardian consents to serve as 15 the primary caregiver for the patient and to control the acquisition, possession, 16 dosage, and frequency of use of marijuana by the patient . 17 (d) A person may be registered under this section as the primary caregiver 18 for a patient 19 (1) if the person is at least 21 years of age; 20 (2) if the person has never been convicted of a felony offense under 21 AS 11.71 or AS 11.73 or a law or ordinance of another jurisdiction with elements 22 similar to an offense under AS 11.71 or AS 11.73; 23 (3) if the person is not currently on probation or parole from this 24 or another jurisdiction; and 25 (4) for only one patient at a time unless the primary caregiver is 26 simultaneously caring for two or more patients who reside in the same household 27 as the caregiver and are related to the caregiver by at least the fourth degree of 28 kinship by blood or marriage. 29 (e) The department shall verify all information submitted under (c) and (d) of 30 this section within 30 days of receiving it. The department shall notify the patient 31 [APPLICANT] that the patient's [HIS OR HER] application for a registry
01 identification card has been denied if the department's [ITS] review of the 02 information that [WHICH] the patient has provided discloses that the information 03 required under [PURSUANT TO] (c) of this section has not been provided or has 04 been falsified or that the patient is not otherwise qualified to be registered. If the 05 department determines that the primary caregiver is not qualified under (d) of 06 this section to be a primary caregiver, or if the information required under (d) 07 of this section has not been provided or has been falsified, the department shall 08 notify the patient of that determination and shall proceed to review the patient's 09 application as if a primary caregiver was not designated. The patient may amend 10 the application and designate a new primary caregiver at any time. The 11 department may not register a newly designated primary caregiver until it 12 determines that the newly designated primary caregiver is qualified under (d) of 13 this section and that the information required under (d) of this section has been 14 provided and has not been falsified . Otherwise, not more than five days after 15 verifying the [SUCH] information, the department shall issue a [SERIALLY 16 NUMBERED] registry identification card to the patient and to the primary caregiver 17 of the patient, if any, stating 18 (1) the patient's name, address, date of birth, and social security 19 number; 20 (2) that the patient is registered with the department [PATIENT'S 21 NAME HAS BEEN CERTIFIED TO THE STATE HEALTH AGENCY] as a person 22 who has a debilitating medical condition that [WHICH] the patient may address with 23 the medical use of marijuana; 24 (3) the dates of issuance and expiration of the registry identification 25 card; and 26 (4) the name , [AND] address , date of birth, and social security 27 number of the patient's primary caregiver [CARE-GIVER], if any [IS DESIGNATED 28 AT THE TIME OF APPLICATION]. 29 (f) [(e)] If the department fails to deny the application and issue a registry 30 identification card within 35 days of receipt of an application, the patient's application 31 for the [SUCH] card is considered [WILL BE DEEMED] to have been approved.
01 Receipt of an application shall be considered [DEEMED] to have occurred upon 02 delivery to the department [OR DEPOSIT IN THE UNITED STATES MAILS]. 03 Notwithstanding this subsection, an [THE FOREGOING, NO] application may not 04 [SHALL] be considered to have been [DEEMED] received before [PRIOR TO] 05 June 1, 1999. If the department subsequently registers a patient or primary 06 caregiver, if any, or denies the application, that registration or denial revokes the 07 approval that is considered to have occurred under this subsection. 08 (g) A patient or a primary caregiver who is questioned by a [ANY STATE 09 OR LOCAL] law enforcement official about the patient's or primary caregiver's 10 [HIS OR HER] medical use of marijuana shall immediately show proper 11 identification to the official and (1) the person's registry identification card, or (2) 12 [PROVIDE] a copy of an application that has been pending without registration 13 or denial for over 35 days since received by [THE WRITTEN DOCUMENTATION 14 SUBMITTED TO] the department and proof of the date of [MAILING OR OTHER 15 TRANSMISSION OF THE WRITTEN DOCUMENTATION FOR] delivery to the 16 department, which shall be accorded the same legal effect as a registry identification 17 card [,] until the patient receives actual notice that the application has been denied. 18 [NO PERSON SHALL APPLY FOR A REGISTRY IDENTIFICATION CARD 19 MORE THAN ONCE EVERY SIX MONTHS.] 20 (h) [(f)] The denial or revocation of a registry identification card or the 21 removal of a person from the registry shall be considered a final agency action 22 subject to judicial review. Only the patient , or the parent or guardian of a patient 23 who is a minor, has [WHOSE APPLICATION HAS BEEN DENIED SHALL HAVE] 24 standing to contest the final agency action. 25 (i) [(g)] When there has been a change in the name, address, or physician [, 26 OR PRIMARY CARE-GIVER] of a patient who has qualified for a registry 27 identification card , or a change in the name or address of the patient's primary 28 caregiver , that patient must notify the department [STATE HEALTH AGENCY] of 29 the [ANY SUCH] change within 10 days. To maintain an effective registry 30 identification card, a patient must annually resubmit updated written documentation to 31 the department [STATE HEALTH AGENCY], as well as the name and address of
01 the patient's primary caregiver [CARE-GIVER], if any. 02 (j) [(h)] A patient who no longer has a debilitating medical condition and the 03 patient's primary caregiver, if any, shall return all [HIS OR HER] registry 04 identification cards [CARD] to the department within 24 hours of receiving the 05 [SUCH] diagnosis by the patient's [HIS OR HER] physician. 06 (k) The department may revoke a patient's registration and refuse to 07 review another application by the patient for 08 (1) six months if the department determines that the patient is not 09 qualified to be registered or has not provided the department with accurate or 10 current information; or 11 (2) one year if the department determines that 12 (A) information provided to the department in connection 13 with the patient's application is false or misleading; or 14 (B) the patient has violated a provision of this chapter or 15 AS 11.71. 16 (l) The department may remove a primary caregiver from the registry if 17 the department determines that the primary caregiver 18 (1) has not adequately controlled the acquisition, possession, dosage, 19 or frequency of medical use of marijuana by a minor patient; or 20 (2) is not qualified to be registered or has violated a provision of 21 this chapter or AS 11.71. 22 (m) [(i)] The department may determine and levy reasonable fees to pay for 23 any administrative costs associated with its [THEIR] role in enforcing this chapter 24 [THIS PROGRAM]. 25 * Sec. 4. AS 17.37.030 is amended to read: 26 Sec. 17.37.030. Privileged medical use of marijuana. (a) A patient or 27 primary caregiver registered with the department under this chapter has an 28 affirmative defense to a criminal prosecution related to marijuana to the extent 29 provided in AS 11.71.090 [EXCEPT AS OTHERWISE PROVIDED IN AS 17.37.040, 30 NO PATIENT OR PRIMARY CARE-GIVER MAY BE FOUND GUILTY OF, OR 31 PENALIZED IN ANY MANNER FOR, A VIOLATION OF ANY PROVISION OF
01 LAW RELATED TO THE MEDICAL USE OF MARIJUANA, WHERE IT IS 02 PROVED BY A PREPONDERANCE OF THE EVIDENCE THAT 03 (1) THE PATIENT WAS DIAGNOSED BY A PHYSICIAN 04 AS HAVING A DEBILITATING MEDICAL CONDITION; 05 (2) THE PATIENT WAS ADVISED BY HIS OR HER PHYSICIAN, 06 IN THE CONTEXT OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, 07 THAT THE PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF 08 MARIJUANA IN CONNECTION WITH A DEBILITATING MEDICAL 09 CONDITION; AND 10 (3) THE PATIENT AND HIS OR HER PRIMARY CARE-GIVER 11 WERE COLLECTIVELY IN POSSESSION OF AMOUNTS OF MARIJUANA ONLY 12 AS PERMITTED UNDER THIS SECTION]. 13 (b) Except as otherwise provided by law, a person is not [IN AS 17.37.040, 14 NO PATIENT OR PRIMARY CARE-GIVER IN LAWFUL POSSESSION OF A 15 REGISTRY IDENTIFICATION CARD SHALL BE] subject to arrest, prosecution, or 16 penalty in any manner for [MEDICAL USE OF MARIJUANA OR FOR] applying to 17 have the person's [HIS OR HER] name placed on the confidential registry 18 [REGISTER] maintained by the department under AS 17.37.010 . 19 (c) A [NO] physician is not [SHALL BE] subject to any penalty, including 20 arrest, prosecution, or disciplinary proceeding, or denial of [BE DENIED] any right 21 or privilege, for 22 (1) advising a patient whom the physician has diagnosed as having a 23 debilitating medical condition [,] about the risks and benefits of medical use of 24 marijuana or that the patient [HE OR SHE] might benefit from the medical use of 25 marijuana [,] provided that the [SUCH] advice is based upon 26 (A) the physician's contemporaneous assessment of 27 (i) the patient's medical history and current medical 28 condition ; and 29 (ii) other forms of effective legal treatment that may 30 be tolerated by the patient; and 31 (B) a bona fide physician-patient relationship; or
01 (2) providing a patient with a written statement of the patient's 02 medical condition under AS 11.71.090 or in an application for registration under 03 AS 17.37.010 [WRITTEN DOCUMENTATION, BASED UPON THE PHYSICIAN'S 04 CONTEMPORANEOUS ASSESSMENT OF THE PATIENT'S MEDICAL HISTORY 05 AND CURRENT MEDICAL CONDITION AND A BONA FIDE PHYSICIAN- 06 PATIENT RELATIONSHIP, STATING THAT THE PATIENT HAS A DEBILITATING 07 MEDICAL CONDITION AND MIGHT BENEFIT FROM THE MEDICAL USE OF 08 MARIJUANA]. 09 (d) Notwithstanding the [FOREGOING] provisions of this section, a [, NO] 10 person, including a patient or primary caregiver, is not [CARE-GIVER, SHALL BE] 11 entitled to the protection of this chapter [SECTION] for the person's [HIS OR HER] 12 acquisition, possession, cultivation, use, sale, distribution, or [AND/OR] transportation 13 of marijuana for nonmedical [NON-MEDICAL] use. 14 [(e) ANY PROPERTY INTEREST THAT IS POSSESSED, OWNED, OR 15 USED IN CONNECTION WITH THE MEDICAL USE OF MARIJUANA, OR ACTS 16 INCIDENTAL TO SUCH USE, SHALL NOT BE HARMED, NEGLECTED, 17 INJURED, OR DESTROYED WHILE IN THE POSSESSION OF STATE OR 18 LOCAL LAW ENFORCEMENT OFFICIALS WHERE SUCH PROPERTY HAS 19 BEEN SEIZED IN CONNECTION WITH THE CLAIMED MEDICAL USE OF 20 MARIJUANA. ANY SUCH PROPERTY INTEREST SHALL NOT BE FORFEITED 21 UNDER ANY PROVISION OF STATE OR LOCAL LAW PROVIDING FOR THE 22 FORFEITURE OF PROPERTY OTHER THAN AS A SENTENCE IMPOSED 23 AFTER CONVICTION OF A CRIMINAL OFFENSE OR ENTRY OF A PLEA OF 24 GUILTY TO SUCH OFFENSE. MARIJUANA AND PARAPHERNALIA SEIZED 25 BY STATE OR LOCAL LAW ENFORCEMENT OFFICIALS FROM A PATIENT 26 OR PRIMARY CARE-GIVER IN CONNECTION WITH THE CLAIMED MEDICAL 27 USE OF MARIJUANA SHALL BE RETURNED IMMEDIATELY UPON THE 28 DETERMINATION THAT THE PATIENT OR PRIMARY CARE-GIVER IS 29 ENTITLED TO THE PROTECTION CONTAINED IN THIS SECTION AS MAY BE 30 EVIDENCED, FOR EXAMPLE, BY A DECISION NOT TO PROSECUTE, THE 31 DISMISSAL OF CHARGES, OR ACQUITTAL.]
01 * Sec. 5. AS 17.37.040 is amended to read: 02 Sec. 17.37.040. Restrictions on medical use of marijuana. (a) A [NO] 03 patient or primary caregiver may not engage in the medical use of marijuana [IN 04 LAWFUL POSSESSION OF A REGISTRY IDENTIFICATION CARD SHALL] 05 (1) [ENGAGE IN THE MEDICAL USE OF MARIJUANA] in a way 06 that endangers the health or well-being of any person; or 07 (2) [ENGAGE IN THE MEDICAL USE OF MARIJUANA] in plain 08 view of, or in a place open to, the general public [; OR 09 (3) SELL OR DISTRIBUTE MARIJUANA TO ANY PERSON WHO 10 IS KNOWN TO THE PATIENT NOT TO BE EITHER IN LAWFUL POSSESSION 11 OF A REGISTRY IDENTIFICATION CARD OR ELIGIBLE FOR SUCH CARD]. 12 (b) A patient may not distribute marijuana other than to the patient's 13 primary caregiver, and a primary caregiver may not distribute marijuana other 14 than to a patient for whom the caregiver is responsible [ANY PATIENT FOUND 15 BY A PREPONDERANCE OF THE EVIDENCE TO HAVE WILLFULLY 16 VIOLATED THE PROVISIONS OF THIS CHAPTER SHALL BE PRECLUDED 17 FROM OBTAINING OR USING A REGISTRY IDENTIFICATION CARD FOR THE 18 MEDICAL USE OF MARIJUANA FOR A PERIOD OF ONE YEAR]. 19 (c) A [NO] governmental, private, or [ANY] other health insurance provider 20 is not [SHALL BE REQUIRED TO BE] liable for any claim for reimbursement for 21 expenses associated with [THE] medical use of marijuana. 22 (d) Nothing in this chapter [SECTION] shall require any accommodation of 23 any medical use of marijuana 24 (1) in any place of employment; 25 (2) in any correctional facility , medical facility, or facility monitored 26 by the department or the Department of Administration ; 27 (3) on or within 500 feet of school grounds; 28 (4) at or within 500 feet of a recreation or youth center; or 29 (5) on a school bus. 30 * Sec. 6. AS 17.37.060 is amended to read: 31 Sec. 17.37.060. Addition of debilitating medical conditions. Not later than
01 June 1, 1999, the department shall adopt [PROMULGATE] regulations under 02 AS 44.62 (Administrative Procedure Act) governing the manner in which it may 03 consider adding debilitating medical conditions to the list provided in AS 17.37.070 04 [THIS SECTION]. After June 1, 1999, the department shall also accept for 05 consideration physician or patient initiated petitions to add debilitating medical 06 conditions to the list provided in AS 17.37.070 [THIS SECTION] and, after hearing, 07 shall approve or deny the [SUCH] petitions within 180 days of submission. The 08 denial of [SUCH] a petition shall be considered a final agency action subject to 09 judicial review. 10 * Sec. 7. AS 17.37.070 is amended to read: 11 Sec. 17.37.070. Definitions. In this chapter, unless the context clearly requires 12 otherwise, 13 (1) "bona fide physician-patient relationship" means that the 14 physician obtained a patient history, performed an in-person physical examination 15 of the patient, and documented written findings, diagnoses, recommendations, and 16 prescriptions in written patient medical records maintained indefinitely by the 17 physician; 18 (2) "correctional facility" has the meaning given in AS 33.30.901 19 [MEANS A STATE PRISON INSTITUTION OPERATED AND MANAGED BY 20 EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OR PROVIDED TO 21 THE DEPARTMENT OF CORRECTIONS BY AGREEMENT UNDER AS 33.30.031 22 FOR THE CARE, CONFINEMENT OR DISCIPLINE OF PRISONERS]; 23 (3) [(2)] "debilitating medical condition" means 24 (A) severe and chronic pain or nausea resulting from cancer, 25 glaucoma, positive status for human immunodeficiency virus, or acquired 26 immune deficiency syndrome, or resulting from medical treatment for any of 27 these conditions; or 28 (B) severe and [ANY] chronic pain, nausea, seizures, or 29 muscle spasms resulting from a [OR DEBILITATING] disease or treatment 30 for the disease when the condition has been determined [SUCH DISEASES, 31 WHICH PRODUCES, FOR A SPECIFIC PATIENT, ONE OR MORE OF
01 THE FOLLOWING, AND FOR WHICH, IN THE PROFESSIONAL OPINION 02 OF THE PATIENT'S PHYSICIAN, SUCH CONDITION OR CONDITIONS 03 REASONABLY MAY BE ALLEVIATED BY THE MEDICAL USE OF 04 MARIJUANA: CACHEXIA; SEVERE PAIN; SEVERE NAUSEA; 05 SEIZURES, INCLUDING THOSE THAT ARE CHARACTERISTIC OF 06 EPILEPSY; OR PERSISTENT MUSCLE SPASMS, INCLUDING THOSE 07 THAT ARE CHARACTERISTIC OF MULTIPLE SCLEROSIS; OR 08 (C) ANY OTHER MEDICAL CONDITION, OR TREATMENT 09 FOR SUCH CONDITION, APPROVED] by the department, under 10 [PURSUANT TO ITS AUTHORITY TO PROMULGATE] regulations adopted 11 under AS 17.37.060 or [ITS] approval of a [ANY] petition submitted [BY A 12 PATIENT OR PHYSICIAN] under AS 17.37.060 , to be susceptible to 13 alleviation by ingesting marijuana ; 14 (4) [(3)] "department" means the Department of Health and Social 15 Services; 16 (5) "facility monitored by the department or the Department of 17 Administration" means an institution, building, office, or home operated by the 18 department or the Department of Administration, funded by the department or 19 the Department of Administration, under contract with the department or the 20 Department of Administration, inspected by the department or the Department 21 of Administration, designated by the department or the Department of 22 Administration, or licensed by the department or the Department of 23 Administration, for the care of 24 (A) juveniles; for the purposes of this subparagraph, 25 "institution" includes a foster home and a group home, and a juvenile 26 detention facility; a juvenile detention home, a juvenile work camp, and a 27 treatment facility, as those terms are defined in AS 47.14.990; 28 (B) the elderly; for the purposes of this subparagraph, 29 "institution" includes an assisted living home as defined in AS 47.33.990 30 and a Pioneers' Home operated under AS 47.55; 31 (C) the mentally ill; for the purposes of this subparagraph,
01 "institution" includes a designated treatment facility and an evaluation 02 facility, as those terms are defined in AS 47.30.915; 03 (6) "medical facility" means an institution, building, office, or home 04 providing medical services, and includes a hospital, clinic, physician's office, or 05 health facility as defined in AS 47.07.900, and a facility providing hospice care or 06 rehabilitative services, as those terms are defined in AS 47.07.900; 07 (7) [(4)] "medical use" means the acquisition, possession, cultivation, 08 use or [AND/OR] transportation of marijuana or [AND/OR] paraphernalia related to 09 the administration of [SUCH] marijuana to alleviate [ADDRESS THE SYMPTOMS 10 OR EFFECTS OF] a debilitating medical condition under the provisions of this 11 chapter and AS 11.71.090 [ONLY AFTER A PHYSICIAN HAS AUTHORIZED 12 SUCH MEDICAL USE BY A DIAGNOSIS OF THE PATIENT'S DEBILITATING 13 MEDICAL CONDITION]; 14 (8) [(5)] "patient" means a person who has a debilitating medical 15 condition; 16 (9) [(6)] "physician" means a person licensed to practice medicine in 17 this state or an officer in the regular medical service of the armed forces of the United 18 States or the United States Public Health Service while in the discharge of their official 19 duties, or while volunteering services without pay or other remuneration to a hospital, 20 clinic, medical office, or other medical facility in this state; 21 (10) [(7)] "primary caregiver [CARE-GIVER]" means a person, other 22 than the patient's physician, who has primary [IS 18 YEARS OF AGE OR OLDER 23 AND HAS SIGNIFICANT] responsibility for attending to the basic needs of and 24 managing the care and well-being of a patient who has a debilitating medical 25 condition; "primary caregiver" does not include a person whose primary 26 relationship with the patient is to supply the patient with marijuana 27 [(8) "PRISONER" MEANS A PERSON DETAINED OR CONFINED 28 IN A CORRECTIONAL FACILITY, WHETHER BY ARREST, CONVICTION, OR 29 COURT ORDER, OR A PERSON HELD AS A WITNESS OR OTHERWISE, 30 INCLUDING MUNICIPAL PRISONERS HELD UNDER CONTRACT AND 31 JUVENILES HELD UNDER THE AUTHORITY OF AS 47.10;
01 (9) "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT 02 ISSUED BY THE DEPARTMENT WHICH IDENTIFIES A PATIENT 03 AUTHORIZED TO ENGAGE IN THE MEDICAL USE OF MARIJUANA AND THE 04 PATIENT'S PRIMARY CARE-GIVER, IF ANY; 05 (10) "USABLE FORM" AND "USABLE MARIJUANA" MEANS THE 06 SEEDS, LEAVES, BUDS, AND FLOWERS OF THE PLANT (GENUS) CANNABIS, 07 BUT DOES NOT INCLUDE THE STALKS OR ROOTS; 08 (11) "WRITTEN DOCUMENTATION" MEANS A STATEMENT 09 SIGNED BY A PATIENT'S PHYSICIAN OR COPIES OF THE PATIENT'S 10 PERTINENT MEDICAL RECORDS]. 11 * Sec. 8. AS 17.37.020 and 17.37.050 are repealed. 12 * Sec. 9. This Act takes effect immediately under AS 01.10.070 or on March 4, 1999, 13 whichever is later.