HB 213: "An Act relating to the medical use of marijuana; and providing for an effective date."
00HOUSE BILL NO. 213 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) at the time of the manufacture, delivery, possession, possession 12 with intent to manufacture or deliver, use, or display, the patient was registered under 13 AS 17.37; 14 (2) the entire amount of marijuana manufactured, delivered, possessed,
01 possessed with intent to manufacture or deliver, used, or displayed was intended by the 02 defendant to be used by the patient to address the debilitating medical condition 03 disclosed in the physician's statement described in AS 17.37.010(c); 04 (3) the manufacture, delivery, possession, possession with intent to 05 manufacture, deliver, use, or display complied with the requirements of AS 17.37; 06 (4) the patient and the primary caregiver of the patient, if any, together 07 possessed either 08 (A) an aggregate amount of marijuana for that patient's medical 09 use of 10 (i) one ounce or less in usable form; and 11 (ii) six or fewer marijuana plants of which no more than 12 three were mature or flowering plants capable of producing usable 13 marijuana; or 14 (B) a waiver issued by the Department of Health and Social 15 Services under AS 17.37.030 allowing the patient and primary caregiver to 16 possess marijuana in a greater aggregate amount; and 17 (5) if the defendant is the primary caregiver of a patient, the defendant 18 is currently listed as the primary caregiver of the patient under AS 17.37. 19 (b) In this section, 20 (1) "debilitating medical condition" has the meaning given in 21 AS 17.37.070; 22 (2) "patient" has the meaning given in AS 17.37.070; 23 (3) "physician" has the meaning given in AS 17.37.070; 24 (4) "primary caregiver" has the meaning given in AS 17.37.070; 25 (5) "usable form" has the meaning given in AS 17.37.070. 26 * Sec. 2. AS 11.71.190(b) is amended to read: 27 (b) Marijuana is a schedule VIA controlled substance [EXCEPT FOR 28 MARIJUANA POSSESSED FOR MEDICAL PURPOSES UNDER AS 17.37]. 29 * Sec. 3. AS 17.37.010 is amended to read: 30 Sec. 17.37.010. Registry of patients and listing of primary caregivers 31 [PATIENTS]. (a) The department shall create and maintain a confidential registry
01 of patients who have applied for and are entitled to receive a registry identification 02 card according to the criteria set out [FORTH] in this chapter. The registry must 03 also contain the name of the primary caregiver of a patient, if any. Only one 04 primary caregiver may be listed in the registry for a patient. The registry and 05 the information contained within it are not a public record under AS 09.25.100 - 06 09.25.220. Peace officers and authorized employees of state or municipal [LOCAL] 07 law enforcement agencies shall be granted access to the information contained within 08 the department's confidential registry only 09 (1) in the course of a criminal investigation or prosecution; 10 (2) for the purpose of verifying that an individual who [THAT] has 11 presented a registry identification card to a state or municipal [LOCAL] law 12 enforcement official is lawfully in possession of such card ; or 13 (3) for the purpose of determining that an individual who claims 14 to be lawfully engaged in the medical use of marijuana is registered or listed with 15 the department or is considered to be registered or listed under (g) of this section . 16 (b) Except as provided in (a) of this section, a [NO] person , other than 17 authorized employees of the department in the course of their official duties may 18 not [SHALL] be permitted to gain access to names of patients, physicians, primary 19 caregivers, [CARE-GIVERS] or any information related to such persons maintained 20 in connection with the department's confidential registry [, EXCEPT FOR 21 AUTHORIZED EMPLOYEES OF THE DEPARTMENT IN THE COURSE OF 22 THEIR OFFICIAL DUTIES AND AUTHORIZED EMPLOYEES OF STATE OR 23 LOCAL LAW ENFORCEMENT AGENCIES WHO HAVE STOPPED OR 24 ARRESTED A PERSON WHO CLAIMS TO BE ENGAGED IN THE MEDICAL 25 USE OF MARIJUANA AND IN THE POSSESSION OF A REGISTRY 26 IDENTIFICATION CARD OR ITS FUNCTIONAL EQUIVALENT PURSUANT TO 27 (e) OF THIS SECTION]. 28 (c) In order to be placed on the state's confidential registry for the medical use 29 [USES] of marijuana, an adult [A] patient or a parent or guardian of a minor 30 patient shall provide to the department 31 (1) a statement signed by the patient's physician
01 (A) stating that the physician personally examined the 02 patient within three months of the date of the patient's application, and 03 that the examination took place in the context of a bona fide physician- 04 patient relationship; 05 (B) [THE ORIGINAL OR A COPY OF WRITTEN 06 DOCUMENTATION] stating that the patient has been diagnosed with a 07 debilitating medical condition and specifying the nature of the patient's 08 condition; 09 (C) stating that the physician has explored other approved 10 medications and treatments that might provide relief, [AND THE 11 PHYSICIAN'S CONCLUSION] that are reasonably available to the patient, 12 and that can be tolerated by the patient , and that the physician has 13 concluded that the likely benefits of using marijuana outweigh the benefits 14 of the use of other alternatives in addressing the patient's debilitating 15 medical condition; and 16 (D) concluding that the patient might benefit from the medical 17 use of marijuana; 18 (2) a sworn application on a form provided by the department 19 containing the following information: 20 (A) the name, address, date of birth, and Alaska driver's 21 license or identification card [SOCIAL SECURITY] number of the patient; 22 (B) stating that the patient is a resident of the state; 23 (C) [(3)] the name, address, and telephone number of the 24 patient's physician; and 25 (D) [(4)] the name , [AND] address , date of birth, and Alaska 26 driver's license or identification card number of the patient's primary 27 caregiver [CARE-GIVER,] if one is designated at the time of application , 28 along with the statement required under (d) of this section; and 29 (3) if the patient is a minor, a statement by the minor's parent or 30 guardian that the patient's physician has explained the possible risks and benefits 31 of medical use of marijuana and that the parent or guardian consents to serve as
01 the primary caregiver for the patient and to control the acquisition, possession, 02 dosage, and frequency of use of marijuana by the patient . 03 (d) A person may be listed under this section as the primary caregiver for 04 a patient if the person submits a sworn statement on a form provided by the 05 department that the person 06 (1) is at least 18 years of age; 07 (2) is a resident of the state; 08 (3) has never been convicted of a felony offense under AS 11.71 or 09 AS 11.73 or a law or ordinance of another jurisdiction with elements similar to 10 an offense under AS 11.71 or AS 11.73; and 11 (4) is not currently on probation or parole from this or another 12 jurisdiction. 13 (e) A person may be a primary caregiver for only one patient at a time 14 unless the primary caregiver is simultaneously caring for two or more patients 15 who reside in the same household as the caregiver and are related to the caregiver 16 by at least the fourth degree of kinship by blood or marriage. 17 (f) The department shall review the application and [VERIFY] all 18 information submitted under (c) and (d) of this section within 30 days of receiving it. 19 The department shall notify the patient [APPLICANT] that the patient's [HIS OR 20 HER] application for a registry identification card has been denied if the department's 21 [ITS] review of the information that [WHICH] the patient has provided discloses that 22 the information required under [PURSUANT TO] (c) of this section has not been 23 provided or has been falsified or that the patient is not otherwise qualified to be 24 registered. If the department determines that the primary caregiver is not 25 qualified under this section to be a primary caregiver, or if the information 26 required under this section has not been provided or has been falsified, the 27 department shall notify the patient of that determination and shall proceed to 28 review the patient's application as if a primary caregiver was not designated. The 29 patient may amend the application and designate a new primary caregiver at any 30 time. The department may not list a newly designated primary caregiver until 31 it determines that the newly designated primary caregiver is qualified under this
01 section and that the information required under this section has been provided 02 and has not been falsified . Otherwise, not more than five days after verifying the 03 [SUCH] information, the department shall issue a [SERIALLY NUMBERED] registry 04 identification card to the patient and a duplicate of that card to the primary 05 caregiver of the patient, if any, stating 06 (1) the patient's name, address, date of birth, and Alaska driver's 07 license or identification and [SOCIAL SECURITY] number; 08 (2) that the patient is registered with the department [PATIENT'S 09 NAME HAS BEEN CERTIFIED TO THE STATE HEALTH AGENCY] as a person 10 who has a debilitating medical condition that [WHICH] the patient may address with 11 the medical use of marijuana; 12 (3) the dates of issuance and expiration of the registry identification 13 card; and 14 (4) the name , [AND] address , date of birth, and Alaska driver's 15 license or identification card and number of the patient's primary caregiver [CARE- 16 GIVER], if any [IS DESIGNATED AT THE TIME OF APPLICATION]. 17 (g) [(e)] If the department fails to deny the application and issue a registry 18 identification card within 35 days of receipt of an application, the patient's application 19 for the [SUCH] card is considered [WILL BE DEEMED] to have been approved. 20 Receipt of an application shall be considered [DEEMED] to have occurred upon 21 delivery to the department [OR DEPOSIT IN THE UNITED STATES MAILS]. 22 Notwithstanding this subsection, an [THE FOREGOING, NO] application may not 23 [SHALL] be considered to have been [DEEMED] received before [PRIOR TO] 24 June 1, 1999. If the department subsequently registers a patient or lists a primary 25 caregiver, if any, or denies the application or listing, that registration or listing 26 or denial revokes the approval that is considered to have occurred under this 27 subsection. 28 (h) A patient or a primary caregiver who is questioned by a [ANY] state or 29 municipal [LOCAL] law enforcement official about the patient's or primary 30 caregiver's [HIS OR HER] medical use of marijuana shall immediately show proper 31 identification to the official and inform the official that the person is a registered
01 patient or listed primary caregiver for a registered patient and either show the 02 official (1) the person's registry identification card, or (2) [PROVIDE] a copy of 03 an application that has been pending without registration or denial for over 35 04 days since received by [THE WRITTEN DOCUMENTATION SUBMITTED TO] the 05 department and proof of the date of [MAILING OR OTHER TRANSMISSION OF 06 THE WRITTEN DOCUMENTATION FOR] delivery to the department, which shall 07 be accorded the same legal effect as a registry identification card [,] until the patient 08 receives actual notice that the application has been denied. 09 (i) A [NO] person may not [SHALL] apply for a registry identification card 10 more than once every six months. 11 (j) [(f)] The denial or revocation of a registry identification card or the 12 removal of a patient from the registry or the listing of a caregiver shall be 13 considered a final agency action subject to judicial review. Only the patient , or the 14 parent or guardian of a patient who is a minor, has [WHOSE APPLICATION HAS 15 BEEN DENIED SHALL HAVE] standing to contest the final agency action. 16 (k) [(g)] When there has been a change in the name, address, or physician [, 17 OR PRIMARY CARE-GIVER] of a patient who has qualified for a registry 18 identification card , or a change in the name or address of the patient's primary 19 caregiver , that patient must notify the department [STATE HEALTH AGENCY] of 20 the [ANY SUCH] change within 10 days. To maintain an effective registry 21 identification card, a patient must annually resubmit updated written documentation to 22 the department [STATE HEALTH AGENCY], as well as the name and address of 23 the patient's primary caregiver [CARE-GIVER], if any. 24 (l) [(h)] A patient who no longer has a debilitating medical condition and the 25 patient's primary caregiver, if any, shall return all [HIS OR HER] registry 26 identification cards [CARD] to the department within 24 hours of receiving the 27 [SUCH] diagnosis by the patient's [HIS OR HER] physician. 28 (m) The department may revoke a patient's registration if the department 29 determines that the patient has violated a provision of this chapter or AS 11.71. 30 (n) The department may remove a primary caregiver from the registry if 31 the department determines that the primary caregiver is not qualified to be listed
01 or has violated a provision of this chapter or AS 11.71. 02 (o) [(i)] The department may determine and levy reasonable fees to pay for 03 any administrative costs associated with its [THEIR] role in enforcing this chapter 04 [THIS PROGRAM]. 05 * Sec. 4. AS 17.37.030 is amended to read: 06 Sec. 17.37.030. Privileged medical use of marijuana. (a) A patient or 07 primary caregiver registered with the department under this chapter has an 08 affirmative defense to a criminal prosecution related to marijuana to the extent 09 provided in AS 11.71.090. 10 (b) A [EXCEPT AS OTHERWISE PROVIDED IN AS 17.37.040, NO 11 PATIENT OR PRIMARY CARE-GIVER MAY BE FOUND GUILTY OF, OR 12 PENALIZED IN ANY MANNER FOR, A VIOLATION OF ANY PROVISION OF 13 LAW RELATED TO THE MEDICAL USE OF MARIJUANA, WHERE IT IS 14 PROVED BY A PREPONDERANCE OF THE EVIDENCE THAT 15 (1) THE PATIENT WAS DIAGNOSED BY A PHYSICIAN 16 AS HAVING A DEBILITATING MEDICAL CONDITION; 17 (2) THE PATIENT WAS ADVISED BY HIS OR HER PHYSICIAN, 18 IN THE CONTEXT OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, 19 THAT THE PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF 20 MARIJUANA IN CONNECTION WITH A DEBILITATING MEDICAL 21 CONDITION; AND 22 (3) THE] patient and the patient's [HIS OR HER] primary caregiver 23 may be issued a waiver by the department to allow the [CARE-GIVER WERE 24 COLLECTIVELY IN] possession of amounts of marijuana in excess of the amount 25 permitted under AS 11.71.090(a)(4) when possession of greater amounts is 26 medically justified. The State Medical Board shall adopt guidelines to assist the 27 department in determining when a waiver is medically justified [ONLY 28 AS PERMITTED UNDER THIS SECTION]. 29 (c) [(b)] Except as otherwise provided by law, a person is not [IN 30 AS 17.37.040, NO PATIENT OR PRIMARY CARE-GIVER IN LAWFUL 31 POSSESSION OF A REGISTRY IDENTIFICATION CARD SHALL BE] subject to
01 arrest, prosecution, or penalty in any manner for [MEDICAL USE OF MARIJUANA 02 OR FOR] applying to have the person's [HIS OR HER] name placed on the 03 confidential registry [REGISTER] maintained by the department under AS 17.37.010 . 04 (d) [(c)] A [NO] physician is not [SHALL BE] subject to any penalty, 05 including arrest, prosecution, or disciplinary proceeding, or denial of [BE DENIED] 06 any right or privilege, for 07 (1) advising a patient whom the physician has diagnosed as having a 08 debilitating medical condition [,] about the risks and benefits of medical use of 09 marijuana or that the patient [HE OR SHE] might benefit from the medical use of 10 marijuana [,] provided that the [SUCH] advice is based upon the physician's 11 contemporaneous assessment in the context of a bona fide physician-patient 12 relationship of 13 (A) the patient's medical history and current medical condition ; 14 and 15 (B) other approved medications and treatments that might 16 provide relief and that are reasonably available to the patient and that can 17 be tolerated by the patient [AND A BONA FIDE PHYSICIAN-PATIENT 18 RELATIONSHIP]; or 19 (2) providing a patient with a written statement in an application for 20 registration under AS 17.37.010 [WRITTEN DOCUMENTATION, BASED UPON 21 THE PHYSICIAN'S CONTEMPORANEOUS ASSESSMENT OF THE PATIENT'S 22 MEDICAL HISTORY AND CURRENT MEDICAL CONDITION AND A BONA 23 FIDE PHYSICIAN-PATIENT RELATIONSHIP, STATING THAT THE PATIENT 24 HAS A DEBILITATING MEDICAL CONDITION AND MIGHT BENEFIT FROM 25 THE MEDICAL USE OF MARIJUANA]. 26 (e) [(d)] Notwithstanding the [FOREGOING] provisions of this section, a [, 27 NO] person, including a patient or primary caregiver, is not [CARE-GIVER, SHALL 28 BE] entitled to the protection of this chapter [SECTION] for the person's [HIS OR 29 HER] acquisition, possession, cultivation, use, sale, distribution, or [AND/OR] 30 transportation of marijuana for nonmedical [NON-MEDICAL] use. 31 (f) [(e)] Any property interest that is possessed, owned, or used in connection
01 with the medical use of marijuana, or acts incidental to such use, shall not be harmed, 02 neglected, injured, or destroyed while in the possession of state or municipal 03 [LOCAL] law enforcement officials where such property has been seized in connection 04 with the claimed medical use of marijuana. Any such property interest shall not be 05 forfeited under any provision of state or municipal [LOCAL] law providing for the 06 forfeiture of property other than as a sentence imposed after conviction of a criminal 07 offense or entry of a plea of guilty or nolo contendere to such offense. Marijuana 08 and paraphernalia seized by state or municipal [LOCAL] law enforcement officials 09 from a patient or primary caregiver [CARE-GIVER] in connection with the claimed 10 medical use of marijuana shall be returned immediately upon the determination that 11 the patient or primary caregiver [CARE-GIVER] is entitled to the protection contained 12 in this section as may be evidenced, for example, by a decision not to prosecute, the 13 dismissal of charges, or acquittal. 14 * Sec. 5. AS 17.37.040 is amended to read: 15 Sec. 17.37.040. Restrictions on medical use of marijuana. (a) A [NO] 16 patient or primary caregiver may not [IN LAWFUL POSSESSION OF A 17 REGISTRY IDENTIFICATION CARD SHALL] 18 (1) engage in the medical use of marijuana in a way that endangers the 19 health or well-being of any person; 20 (2) engage in the medical use of marijuana in plain view of, or in a 21 place open to, the general public; or 22 (3) sell or distribute marijuana to any person who is [KNOWN TO 23 THE PATIENT] not [TO BE EITHER] in lawful possession of a registry identification 24 card [OR ELIGIBLE FOR SUCH CARD]. 25 (b) Any patient found by a preponderance of the evidence to have wilfully 26 [WILLFULLY] violated the provisions of this chapter shall be precluded from 27 obtaining or using a registry identification card for the medical use of marijuana for 28 a period of one year. 29 (c) A [NO] governmental, private, or [ANY] other health insurance provider 30 is not [SHALL BE REQUIRED TO BE] liable for any claim for reimbursement for 31 expenses associated with [THE] medical use of marijuana.
01 (d) Nothing in this chapter requires [SECTION SHALL REQUIRE] any 02 accommodation of any medical use of marijuana 03 (1) in any place of employment; 04 (2) in any correctional facility , medical facility, or facility monitored 05 by the department or the Department of Administration ; 06 (3) on or within 500 feet of school grounds; 07 (4) at or within 500 feet of a recreation or youth center; or 08 (5) on a school bus. 09 * Sec. 6. AS 17.37.060 is amended to read: 10 Sec. 17.37.060. Addition of debilitating medical conditions. Not later than 11 90 days after the effective date of this Act [JUNE 1, 1999], the department shall 12 adopt [PROMULGATE] regulations under AS 44.62 (Administrative Procedure Act) 13 governing the manner in which it may consider adding debilitating medical conditions 14 to the list provided in AS 17.37.070 [THIS SECTION]. After the adoption of the 15 regulations [JUNE 1, 1999], the department shall also accept for consideration 16 physician or patient initiated petitions to add debilitating medical conditions to the list 17 provided in AS 17.37.070 [THIS SECTION] and, after hearing, shall approve or deny 18 the [SUCH] petitions within 180 days of submission. The denial of [SUCH] a petition 19 shall be considered a final agency action subject to judicial review. 20 * Sec. 7. AS 17.37.070 is amended to read: 21 Sec. 17.37.070. Definitions. In this chapter, unless the context clearly requires 22 otherwise, 23 (1) "bona fide physician-patient relationship" means that the 24 physician obtained a patient history, performed an in-person physical examination 25 of the patient, and documented written findings, diagnoses, recommendations, and 26 prescriptions in written patient medical records maintained indefinitely by the 27 physician; 28 (2) "correctional facility" has the meaning given in AS 33.30.901 29 [MEANS A STATE PRISON INSTITUTION OPERATED AND MANAGED BY 30 EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OR PROVIDED TO 31 THE DEPARTMENT OF CORRECTIONS BY AGREEMENT UNDER AS 33.30.031
01 FOR THE CARE, CONFINEMENT OR DISCIPLINE OF PRISONERS]; 02 (3) [(2)] "debilitating medical condition" means 03 (A) cancer, glaucoma, positive status for human 04 immunodeficiency virus, or acquired immune deficiency syndrome, or treatment 05 for any of these conditions; 06 (B) any chronic or debilitating disease or treatment for such 07 diseases, which produces, for a specific patient, one or more of the following, 08 and for which, in the professional opinion of the patient's physician, such 09 condition or conditions reasonably may be alleviated by the medical use of 10 marijuana: cachexia; severe pain; severe nausea; seizures, including those that 11 are characteristic of epilepsy; or persistent muscle spasms, including those that 12 are characteristic of multiple sclerosis; or 13 (C) any other medical condition, or treatment for such 14 condition, approved by the department, under [PURSUANT TO ITS 15 AUTHORITY TO PROMULGATE] regulations adopted under AS 17.37.060 16 or [ITS] approval of a [ANY] petition submitted [BY A PATIENT OR 17 PHYSICIAN] under AS 17.37.060; 18 (4) [(3)] "department" means the Department of Health and Social 19 Services; 20 (5) "facility monitored by the department or the Department of 21 Administration" means an institution, building, office, or home operated by the 22 department or the Department of Administration, funded by the department or 23 the Department of Administration, under contract with the department or the 24 Department of Administration, inspected by the department or the Department 25 of Administration, designated by the department or the Department of 26 Administration, or licensed by the department or the Department of 27 Administration, for the care of 28 (A) juveniles; for the purposes of this subparagraph, 29 "institution" includes a foster home and a group home, and a juvenile 30 detention facility; a juvenile detention home, a juvenile work camp, and a 31 treatment facility, as those terms are defined in AS 47.14.990;
01 (B) the elderly; for the purposes of this subparagraph, 02 "institution" includes an assisted living home as defined in AS 47.33.990 03 and a Pioneers' Home operated under AS 47.55; 04 (C) the mentally ill; for the purposes of this subparagraph, 05 "institution" includes a designated treatment facility and an evaluation 06 facility, as those terms are defined in AS 47.30.915; 07 (6) "medical facility" means an institution, building, office, or home 08 providing medical services, and includes a hospital, clinic, physician's office, or 09 health facility as defined in AS 47.07.900, and a facility providing hospice care or 10 rehabilitative services, as those terms are defined in AS 47.07.900; 11 (7) [(4)] "medical use" means the acquisition, possession, cultivation, 12 use or [AND/OR] transportation of marijuana or [AND/OR] paraphernalia related to 13 the administration of [SUCH] marijuana to alleviate [ADDRESS THE SYMPTOMS 14 OR EFFECTS OF] a debilitating medical condition under the provisions of this 15 chapter and AS 11.71.090 [ONLY AFTER A PHYSICIAN HAS AUTHORIZED 16 SUCH MEDICAL USE BY A DIAGNOSIS OF THE PATIENT'S DEBILITATING 17 MEDICAL CONDITION]; 18 (8) [(5)] "patient" means a person who has a debilitating medical 19 condition; 20 (9) [(6)] "physician" means a person licensed to practice medicine in 21 this state or an officer in the regular medical service of the armed forces of the United 22 States or the United States Public Health Service while in the discharge of their official 23 duties, or while volunteering services without pay or other remuneration to a hospital, 24 clinic, medical office, or other medical facility in this state; 25 (10) [(7)] "primary caregiver [CARE-GIVER]" means a person, other 26 than the patient's physician, who has primary [IS 18 YEARS OF AGE OR OLDER 27 AND HAS SIGNIFICANT] responsibility for attending to the basic needs of and 28 managing the care and well-being of a patient who has a debilitating medical 29 condition; "primary caregiver" does not include a person whose primary 30 relationship with the patient is to supply the patient with marijuana 31 (11) [(8) "PRISONER" MEANS A PERSON DETAINED OR
01 CONFINED IN A CORRECTIONAL FACILITY, WHETHER BY ARREST, 02 CONVICTION, OR COURT ORDER, OR A PERSON HELD AS A WITNESS OR 03 OTHERWISE, INCLUDING MUNICIPAL PRISONERS HELD UNDER CONTRACT 04 AND JUVENILES HELD UNDER THE AUTHORITY OF AS 47.10; 05 (9) "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT 06 ISSUED BY THE DEPARTMENT WHICH IDENTIFIES A PATIENT 07 AUTHORIZED TO ENGAGE IN THE MEDICAL USE OF MARIJUANA AND THE 08 PATIENT'S PRIMARY CARE-GIVER, IF ANY; 09 (10)] "Usable form" and "usable marijuana" means the seeds, leaves, 10 buds, and flowers of the plant (genus) cannabis, but does not include the stalks or roots 11 [; 12 (11) "WRITTEN DOCUMENTATION" MEANS A STATEMENT 13 SIGNED BY A PATIENT'S PHYSICIAN OR COPIES OF THE PATIENT'S 14 PERTINENT MEDICAL RECORDS]. 15 * Sec. 8. AS 17.37.020 and 17.37.050 are repealed. 16 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).